Dear J-Man,
As you may know, Muzak is the world's largest supplier of business music. Muzak owns numerous trademarks, including MUZAK, registered in the US. and around the world in connection with a wide array of business music products and services. Muzak has used its various marks for more than sixty years and expended a great deal of time and money to build up extensive consumer recognition and goodwill.
It has come to our attention that you have adopted and are using the name BFM_Muzak - both in halo gaming servers and on BFM website - both of which violate Muzak's long-standing trademark rights.
Your unauthorized use of the MUZAK mark is likely to confuse and mislead the public and constitutes federal trademark infringement and unfair competition under both federal and state law. In addition, your use of the Muzak name will cause dilution of the MUZAK mark. Section 43 of the Federal Trademark Act (codified at 15 US.C #1125(c)) states that an owner of a famous mark may seek an injunction and damages against a party who uses the mark in a manner that may cause dilution of the mark, regardless of the products or services in connection with which it is used. Muzak takes such conduct very seriously and will act to ensure the full protection of its rights in this mark.
Please note that improper use of the mark MUZAK may subject you to further liability. See, e.g., Panavision International, L.P. v Toeppen, 141 F.3d 1316 (9th Cir. 1998). Further, the federal trademark statute has been recently amended to specifically impose civil liability upon anyone who, with a bad faith intent, registers, traffics in, or uses a domain name that is identical, confusingly similar, or dilutive of another trademark. Your registration of the forum name incorporating Muzak's trademark and any attempts to post using this name are factors that a court will consider in determining whether you have violated federal law and acted in bad faith.
You are hereby directed to immediately cease and desist all use of the "MUZAK" mark. Failure to comply with the terms of this letter could expose you to a permanent ban from both the forums and servers. In order to resolve this matter in an amicable and businesslike manner, Muzak is willing to forego its entitlement to damages for past activities if you comply with the above demands. Honestly, there was nothing wrong with J-Man.
Sincerely yours,
Sue Furlotts
Dewey, Cheatham and Howe, Attorneys at Law
