Anti-Defamation League's embarrassment turns to harassment:

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FROSS ZELNICK LEHRMAN & ZISSU, P.C.
866 UNITED NATIONS PLAZA
AT FIRST AVENUE & 48TH STYREET
NEW YORK N.Y. 10017

 

June 14, 2000

 

VIA FEDERAL EXPRESS

Power Internet Ltd.
Bank House
171 Midsummer Boulevard
Central Milton Keynes
MK9 lEB
England

 

Attention: Legal Department

 

Re: Objection to infringing use of Anti-Defamation League trademark on fpp.co.uk website owned by David Irving (Our Ref.: B-E USA TC-00/05709)

 

Dear Madam or Sir:

We are counsel to the Anti-Defamation League ("ADL"), owner of the well-known ANTI-DEFAMATION LEAGUE and ADL ANTI-DEFAMATION LEAGUE and Design marks (collectively the "ADL Marks"). The ADL Marks have been continuously and extensively used by our client in connection with, among other things, educational services and materials concerning the evils of prejudice for many years.

Significant amounts of time, effort and money have been invested worldwide by our client to develop goodwill associated with the ADL Marks. As a result of these investments, the public immediately recognizes the ADL Marks as designating our client. ADL is also the owner of U.S. federal trademark registrations, Serial Nos. 1,290,471 and 1,776.3 15, respectively, for the ANTI-DEFAMATION LEAGUE and ADL ANTI-DEFAMATION LEAGUE and Design marks. Enclosed for your reference are copies of these trademark registrations.

It has come to the attention of ADL that you are hosting a website at www.fpp.co.uk, owned by Focal Point Publications. Focal Point Publications, in turn, is the name under which David Irving publishes various materials concerning, among other things, his historical revision of events surrounding the Holocaust.

in addition to publishing essays and other documents concerning the Holocaust, Mr. Irving has published various materials designed to atack and discredit our client on his website starting at www.fpp.co.uk/BoD/ADLIndex.html and linking outward from that point. In connection with these activities, Mr. Irving has reprinted in full on his website various renditions of ADL's trademarked ADL ANTI-DEFAMATION LEAGUE and Design mark. Indeed, Mr. Irving has left the "®" designation intact in the images he has copied onto his website. That designation is placed on our client's logo to explicitly give notice to would-be infringers of its well-known ADL Marks. Examples of Mr. Irving's use of our client's mark can be found at www.fpp.co.uk/BoD/ADLIndex.html and www.fpp.co.uk/docs/ADL/FoxmanBio.html.

Mr. Irving has not been given permission to use our client's trademarks in connection with his activities. Mr. Irving's use therefore violates our client's rights in and to the ADI. Marks.

Given the foregoing, we request on behalf of ADL that you block access to pages on which our client's ADL ANTI-DEFAMATION LEAGUE and Design mark can be found or block Mr. Irving's internal links to our client's mark so that the ADL logo will not appear on Mr. Irving's website.

Please advise by Friday, June 23, 2000 as to whether you will cooperate in preventing Mr. Irving's ongoing infringement of our client's marks.

Thank you in advance for your cooperation in this matter.

We look forward to hearing from you by Friday, June 23. 2000. This letter is sent without prejudice to the rights of our client, all of which are expressly reserved.

 

Very truly yours,

Ronald F Wiggins

 

Encl.

cc: Susan Upton Douglass

ADL logoFair usage illustration:

The ADL logo which the law firm seeks to protect is this:

We have designed a fitting caricature of this logo for use in its place, which henceforth replaces it on all ADL items on this website.