so, we have to find something to do with our lives now... we have no
jobs
                                                               -silicon


 my first cease and decist

June 18, 2001

VIA E-MAIL

transmission 

RE: Notice of Infringement

Dear Project Administrator:

We represent America Online, Inc. (“AOL”), with respect to 
its intellectual property matters.  Our client is the owner 
of federal Registration Nos. 2,423,368 and 2,423,367 for 
its mark AIM (hereinafter, the “AIM Mark”) and operates the 
most widely-used interactive online service in the world.  
Our client has made extensive use of its AIM Mark in 
interstate and international commerce in connection with 
the advertising, promotion, and sale of its Internet and 
computer-related goods and services.  Due to our client’s 
widespread use, advertising, and extensive marketing, its 
AIM Mark has become very famous and many consumers 
recognize the mark as a distinctive symbol of our client’s 
goodwill.

Our client also uses the mark AIM.COM in connection with 
providing information via computer networks.  As a result, 
consumers associate the mark AIM, when used in a software 
name or internet related service, with our client’s high 
quality products and services.

It has come to our attention that you are distributing an 
online communication software product using the AIM Mark at 
several web sites.  Our client is concerned that your 
unauthorized use of its famous AIM Mark in this manner is 
likely to confuse consumers and, in addition, dilutes the 
distinctive qualities of the AIM Mark.  We assume you 
similarly do not wish to mislead consumers and we request 
that you discontinue use of any name(s) that incorporate 
our client's marks, or marks confusingly similar to them.  

Additionally, the proprietary software used to operate the 
AIM service is owned solely by AOL and unauthorized 
distribution of our client's software, or derivatives 
thereof, is strictly prohibited.  Our client would like to 
resolve this matter amicably and has asked that we contact 
you to confirm that you will cease using any names or marks 
that infringe upon the AIM Mark.  We also ask that you 
contact us to discuss the possible copyright issues set 
forth above.  We hope you appreciate AOL's interest in 
protecting its valuable intellectual property and we ask 
that you respond to this letter by June 29, 2001.  We look 
forward to hearing from you and hope to resolve this matter 
promptly.

James R. Davis, II
202/857-6169
davisr@arentfox.com

Arent Fox Kintner Plotkin & Kahn, PLLC
1050 Connecticut Avenue, NW
Washington, DC  20036-5339
Phone 202/857-6000 
Fax 202/857-6395
www.arentfox.com

cc: Douglas R. Bush, Esq.
Fabricio Vayra, Esq.