Dear Mr. XXXXXXXX:
This letter confirms our telephone conversation of this afternoon wherein you agreed to comply with our request to take down the internet site located at URL www.withthelightsout.com. As you now know, we represent the musical group professionally known as Nirvana, which owns all rights, title and interests in and to the registered trademark "Nirvana."
Please be advised that absent authorization or license, use of an artist's name in connection with the advertising, marketing or promotion of merchandise offered for sale and distribution constitutes "Unauthorized Use." Any such use would imply that the artist has endorsed the seller's merchandise, has accepted consideration and is participating in the promotion of the products offered. As you are no doubt aware, musical acts must maintain their credibility as musicians and artists in order to have continued success and retain their fan bases. Consequently, artists are extremely selective with respect to use of their trademarked name and copyrighted compositions.
We ask that you refrain from any further "Unauthorized Use." Unauthorized Use includes, but is not limited to, use of the artist's trademark, name, logo, likeness, identity, voices or biographical matter in the offer for sale, selling, reproduction, advertisements and distribution of any products, via internet or otherwise, for which you have not been granted a license or other formal authorization.
Should you decline to comply with our request to take down the Website and cease and desist from any further Unauthorized Use, your inaction will prompt us to proceed with any and all steps necessary to enforce our client's rights.
Very truly yours,
King, Holmes, Paterno & Berliner, LLP