
September 16, 2002
Brian Sobel
Sobel Communications
775 Baywood Drive, Ste. 203
Petaluma, CA 94954 US
Dear Mr. Sobel,
Per our telephone conversation of September 11, 2002, while in the process of building our web site, Petaluma Tomorrow discovered that Sobel Communications Group has registered www.petalumatomorrow.com , www.petalumatomorrow.org , and www.petalumatomorrow.net as World Wide Web domain names. We ask that you immediately turn over ownership and use of those domain names to us by signing and returning the attached release and by ceasing to use them in any way. As also mentioned in our telephone conversation, we would be happy to reimburse you for any registration costs incurred.
Petaluma Tomorrow is the owner of a common-law trademark on its name. Petaluma Tomorrow uses this mark in the United States, and particularly in the Petaluma area of Sonoma County, California, in conjunction with its advocacy of sustainability, watershed management, and open government. Petaluma Tomorrow's use of its name, and thus its common law trademark, date from March 28, 2001, when its first public meeting was publicized in both local newspapers, the Santa Rosa Press Democrat and the Petaluma Argus-Courier. Since that time, Petaluma Tomorrow's activities have been widely reported, with eight additional articles in the Press Democrat and 32 articles (nearly two per month) in the Argus Courier. This press coverage over the past 16 months leave no doubt that Petaluma Tomorrow's trademark name is thoroughly established, at least in political circles in the Petaluma and Sonoma County area.
The federal Anticybersquatting Consumer Protection Act enacted in 1999, makes it illegal to register or acquire multiple domain names that are known to be identical or confusingly similar to marks of others that are distinctive at the time of registration of such domain names. It is also illegal to divert consumers from a mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site. You can find the ACPA at http://www.mama-tech.com/antipiracy.html.
This letter is sent without prejudice to Petaluma Tomorrow's rights and claims, all of which are expressly reserved. I am faxing and sending you a copy of this letter by regular first class mail in case you refuse to accept the certified mail, return receipt requested version of this letter.
Scott Vouri
for Petaluma Tomorrow
The undersigned covenants to take the following actions immediately: (i) transfer any and all rights of the undersigned in and to the following domain names to Petaluma Tomorrow: www.petalumatomorrow.com, www.petalumatomorrow.org, www.petalumatomorrow.net (collectively the "Domain Name"); and (ii) cease and desist from any and all use of the Domain Name.
Dated: __________________, 2002.
Sobel Communications
775 Baywood Drive, Ste. 203
Petaluma, CA 94954
By:_________________________
Its:_________________________