activision-noreply@activision.com

Infringement of Trademark Rights of nazi zombies.

Dear Mr. Joki:
This law firm represents Activision. in connection with its intellectual property rights. Your use of Nazi Zombies  is a violation of Activision’s common law trademark rights, common law service mark rights, and trade name rights, and this letter constitutes Activision’s demand that you cease and desist any and all use of these domain names. You should immediately forward this letter to your attorney.

Recently, Activision became aware of your use of the Nazi zombies ip names. Under Minnesota law, common law trademark infringement occurs when a party utilizes a trade or service mark that creates a likelihood of consumer confusion.1 As you are undoubtedly aware, your ip names are exactly the same as Activision’s Marks.

Because of your use of this ip, Activision has already witnessed actual confusion in the market.

Activision has several options under Minnesota law to enforce its legal rights in the Marks. If Activision were to file a lawsuit against you, it would be entitled to seek: (1) preliminary and permanent injunctions; (2) actual monetary damages; (3) disgorging of any profits you have realized through your use of the Marks; (4) reimbursement of attorney’s fees required to prosecute a lawsuit against you; and (5) monetary damages for damage to Activision’s goodwill in the market.

Please be advised that Activision will undertake all appropriate steps to protect its Marks and its associated goodwill. You can avoid legal action by immediately ceasing and desisting from any and all infringing activity including use of the Nazi Zombie and Call of duty. You must cease and desist all promotion and/or marketing of Nazi Zombies Portable on these domain names.  You are hereby put on notice that Activision and I will be monitoring your use of these ip names for this purpose. Additionally, you must execute a copy of this letter and send it to this firm within seven (7) days of the receipt of this letter. I recommend you consult with an attorney before taking any action.

If you or your attorney have any questions, please feel free to contact me.


Sincerely,

Activision