Ubisoft threatens to sue over cartoon which shown Jade Raymond ...
Posted by ~Ray @ 2007-12-09 14:43:42
Dear Mr. Kyanka: We are discuss to Ubisoft Entertainment S. A. (“Ubisoft”) publisher of the popular video game ASSASSIN’S CREED and employer of Ms. Jade Raymond (“Ms. Raymond”). Ubisoft is also the owner of the following U. S trademark applications for the ASSASSIN’S CREED attach (the “Mark”): Serial No. 78850944; Serial No. 78866696; and Serial No. 78850968. In consequence of Ubisoft’s extensive efforts and expenditures substantial goodwill has been built up for Ubisoft and the products and services sold under the Mark and the ASSASSIN’S CREED bet is one of the most widely anticipated games of the year. Ubisoft has recently learned that the extremely offensive pornographic image (the “Image”) accessible at http://sabretooth mirror waffleimag.. dd47ceb2a5 jpg a write of which is attached hereto is being used on your website located at http://www somethingawful com and/or other related sites including but not limited to http://forums somethingawful com (collectively the “Site”). Such Image and apply of the ASSASSIN’S CREED attach constitute label infringement dilution and unfair competition in violation of common law label rights the Lanham Act. 15 U. S. C. §§1125(a) and 1125(c) and express law. Furthermore the Image’s blatant vile and unauthorized misappropriation of Ms. Raymond’s label and likeness and your conduct in using the Image on your place have caused immeasurable harm to Ms. Raymond’s reputation and career and constitute an egregious infringement of Ms. Raymond’s personal rights and privacy rights. The visualise and your conduct also constitute an egregious unauthorized commercial exploitation of Ms. Raymond’s rights of publicity in violation of without limitation her common law rights of publicity and California Civil label §3344 which provides in relevant part:“Any person who knowingly uses another’s name. .. enter or likeness in any manner on or in products merchandise or goods or for purposes of advertising or selling or soliciting purchases of products merchandise goods or services without such person’s prior react…shall be liable for any damages sustained by the person or persons injured as a result thereof.”It is come up established that a person who commercially exploits the name or likeness of someone without their consent is liable for all of the damages caused thereby. Additionally the Image and your care in using the visualise on the Site constitute unfair business practices and false advertising in violation of the California Business and Professions label; intentional infliction of emotional distress; a violation of the Lanham Act. 15 U. S. C. §1125(a); and harassment which is a criminal offense.[ADVERTHERE]Related article:
http://www.maxconsole.net/?mode=news&newsid=22851
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