It has recently come to Disney's attention that your company has been offering t-shirts ("Product") at www.wildwilderness.org which includes copyrighted artwork owned by Disney Enterprises, Inc. (A copy of the infringing artwork is attached.)
The unauthorized manufacture and distribution of the Product bearing copyrighted artwork violates federal copyright law. Moreover, the Product incorporates repeated references which are intended to foster an association with Disney. These include the phrase "The Wonderful World of ...", the castle in the background in addition to the mouse ears. Accordingly, the Product may also constitute trademark infringement, false designation of origin, unfair competition and trademark dilution, in violation of federal and state law.
Therefore, we hereby demand that you: (1) immediately cease the manufacturing, distribution and sale of the Product which includes reproduction of Disney characters and trademarks; (2) immediately destroy all unauthorized Product in your possession, custody or control representing Disney's copyrighted characters or trademarks, as well as all advertising and promotional material relating thereto; (3) provide sales and profit information and, if you are not the manufacturer of the Product, an accounting of the quantities of Product ordered, imported and/or sold, the price per item; copies of invoices, purchase orders and shipping documents relating thereto; and arty other documents in your possession relating to your purchase of the Product; and (4) provide to us written assurance that you will immediately discontinue, and will not resume in the future, the manufacture or use of any unauthorized Product bearing Disney copyrighted artwork.
We demand that you send the above information to us within fourteen (14) days of the date of this letter to the following address:
J. Andrew Coombs
Senior Counsel
Disney Enterprises, Inc.
500 South Buena Vista Street
Burbank, CA 91521-6352
The above does not constitute an offer of settlement and is sent without prejudice to any of Disney's rights or claims in law or equity, all of which are hereby expressly reserved. Thank you for your prompt attention to this matter.
Very truly yours
J. Andrew Coombs
Senior Counsel
The Walt Disney
818-955-4708
JAC:yp
Enclosure
