12 April 2013
MosHovercraft / Globatek Group JSC
115230, Moscow, Warsaw highway, 42
FAX: (495) 646-15-33
Cease and Desist Order
I. Trademark Infringement
Neoteric Hovercraft, Inc. is the legal owner of the trademarked business name, “Neoteric”, registered in Australia in 1973, as well as the trademarked product name “Hovertrek”. Permission was neither asked nor granted for MosHovercraft to utilize any version of the Neoteric trademarks, therefore the use of the Neoteric name, without permission, on the moshovercraft.ru website, or on any other website, or in any non-Internet medium or venue, constitutes infringement of the proprietor’s legal trademark.
Be advised that MosHovercraft is required to submit proof in writing to Neoteric Hovercraft, Inc. within ten (10) days of receipt of this Cease and Desist Order that:
1. You shall have ceased the use of the name “Neoteric”, “Hovertrek” or any modified versions thereof in any and all instances in which they have been used, including on your hovercraft, your website, on YouTube, on all social media sites and in any and all MosHovercraft marketing and advertising materials, online or in print or in audio.
2) You agree to refrain from utilizing the name “Neoteric”, “Hovertrek” or any modified version of the Neoteric trademarks in any way at any time in the future.
3) You shall acknowledge in writing to Neoteric Hovercraft, Inc. that you understand that Christy Hovercraft, as the official Neoteric Hovercraft Dealer in Russia, is the only entity in Russia with the legal right to publish material containing the names “Neoteric” or “Hovertrek”, or any trademarked or copyrighted material owned by Neoteric Hovercraft, Inc., including but not limited to logos, photos, videos and written text.
II. Copyright Infringement
Neoteric Hovercraft, Inc. is the proprietor of the copyrighted websites www.neoterichovercraft.com, www.hovercrafttraining.com, www.worldhovercraft.org and www.discoverhover.org All rights are reserved to all material on these websites, which were published prior to the dates below, as verified by the Internet Archive www.archive.org.
www.neoterichovercraft.com was first archived on 8 October, 1999.
www.hovercrafttraining.com was first archived on 6 December 2003.
www.worldhovercraft.org was first archived on 10 October 2003.
www.discoverhover.org was first archived on 16 December 2003.
The moshovercraft.ru website, verified by the Internet Archives as first published in November 2010, includes content that is owned by Neoteric Hovercraft, Inc. – material that was legally copyrighted and trademarked years before the moshovercraft.ru illegal usage.
Permission was neither asked nor granted to reproduce the Neoteric website material, therefore the moshovercraft.ru website constitutes copyright infringement and is in violation of the Digital Millennium Copyright Act of 1998 [“DMCA”].
You are required to confirm to us in writing within ten (10) days of receipt of this Cease and Desist Order that:
1) You have permanently removed from moshovercraft.ru as well as from any moshovercraft.ru social media sites such as YouTube, Facebook etc., from any and all subsidiary or associated websites, and from all online and print advertising materials, any and all photographs, videos, text, graphics and any additional material that first appeared on and was plagiarized from www.neoterichovercraft.com, www.christyhovercraft.ru, www.hovercrafttraining.com, www.worldhovercraft.org and/or www.discoverhover.org.
2) You agree to refrain from publishing on moshovercraft.ru as well as on any moshovercraft.ru social media sites such as YouTube, Facebook etc., on any and all subsidiary or associated websites, and in any marketing or advertising materials at any time in the future any material that constitutes infringement upon the intellectual property rights owned exclusively by Neoteric Hovercraft, Inc.
If Neoteric Hovercraft, Inc. is not in receipt of your full compliance with these demands by
22 April 2013, we will institute national and international legal actions against MosHovercraft /Globatek Group JSC and all individuals and entities which aid or abet MosHovercraft / Globatek Group JSC in the acts of intellectual property infringement detailed in this Cease and Desist Order.
In addition, Neoteric Hovercraft, Inc. will report the acts of intellectual property infringement committed by MosHovercraft to The World Hovercraft Organization to publish in its Hovercraft Rip-Off Report, a notice of intellectual property infringement and industrial/economic espionage in the worldwide hovercraft industry.
Lastly, if Neoteric Hovercraft, Inc. is not in receipt of MosHovercraft’s written compliance with this Cease and Desist Order by 22 April 2013, we will file DMCA Complaints against moshovercraft.ru with Google, Bing, Yahoo, yandex.ru, rambler.ru, mail.ru, qip.ru and all the major international and national search engines. It is the policy of the search engines to ban from search results any websites that violate the Digital Millennium Copyright Act by violating the intellectual property rights owned by another website.
The foregoing is without waiver of any and all rights of Neoteric Hovercraft, Inc., all of which are expressly reserved herein.
Very truly yours,
President and Founder
Neoteric Hovercraft, Inc.
1649 Tippecanoe Street
Terre Haute, Indiana USA 47807-2394