Legal/Infringement Notices/03 December 2009
December 3, 2009
VIA FAX NO.: f650)903-OS75
Mozilla Corporation Attn: Legal Support, DMCA Complaints 650 Castro Street, Suite 300 Mountain View, CA 94041-2021
Re: Unlawful Use of the PGA TOUR service mark - Firefox.com
Dear Sir/Madam: PGA TOUR, Inc. operates three professional golf tours: the PGA TOUR, the Champions Tour and the Nationwide Tour. The PGA TOUR owns U.S, Registration No. 1,264,533 for the word mark "PGA TOUR" and Registration No. 1,264,522 for the mark "PGA TOUR & Design" (copies of which are attached for your reference), and has common law trademark rights in "PGA TOUR" across the United States.
It has come to our attention that an "add-on" has been available on firefox.com that incorporates the PGA TOUR mark as downloadable wallpaper. The use of the PGA TOUR mark is likely to cause consumers to reach the mistaken belief that the PGA TOUR is associated, affiliated, or otherwise connected with fircfox.com. Therefore, your use of such mark constitutes service mark infringement. These actions give the PGA TOUR federal claims for service mark infringement, unfair competition and the creation of a false association under the Lanham Act, as well as state law claims for service mark dilution, deceptive trade practices and unfair competition.
The PGA TOUR hereby demands that firefox.com cease immediately any and all use of the PGA TOUR mark.
Please respond to the undersigned in writing within ten (10) days of the date of this letter to confirm that you have ceased all use of the above-referenced mark. This letter is written and sent without prejudice to any and all claims or rights that PGA TOUR may have against firefox.com.