As per e-mail:
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Gregg Stirton
CAPE TOWN
Dear Sir
SOUTH AFRICA - Trade mark registration no. 91/5809 TELKOM and others in class 35 in the name of Telkom SA Limited and objection to website
telkomsucks.Ocatch.com
1. We act on behalf of Telkom SA Limited.
2. Our client is the proprietor in South Africa of the well-known
TELKOM and Keypad logo (TELKOM) trade marks in various classes. We
attach as Annexure "A" details of our client's trade mark
registrations. We collectively refer to the above trade marks as the
'TELKOM' trade marks.
3. Our client has spent considerable time, money and effort in the
promotion and establishment of this trade mark, and as a result, the
mark has become known in the relevant trade sectors in South Africa and
internationally. As a result of this extensive use, our client has
acquired a reputation and goodwill in its mark, and therefore also has
common law rights in its TELKOM trade marks, worldwide.
4. Accordingly, our client is also entitled to prevent the use by
another person of its registered trade mark in relation to goods or
services, if the use would be likely to take unfair advantage of, or be
detrimental to, the distinctive character or repute of our client's
registered trade mark. Section 34(1)(c) and Section 35 of the Trade
Marks Act no. 94 of 1993 apply in this regard. Furthermore, our client
is also entitled to protection of its well-known trade mark in terms of
Article 6(1)bis of the Paris Convention.
5. Our client has been made aware of the fact that you are the
subscribing partner of the domain name telkomsucks.Ocatch.com. This
domain name is confusingly similar to our client's well-known TELKOM
trade mark. You are further using various logos, such as HELLKOM,
TELSCUM, MELK-HOM, TELKON, TELSKAM, MONOPOLY-DOTCOM, GELDBOM, DJOUMA, EXPENSIVE on your website that are confusingly similar to our client's TELKOM trade mark.
6. Your unauthorized use of our client's trade mark in this
manner, takes unfair advantage of, and/or is detrimental to the
distinctive character or repute of our client's TELKOM trade mark, and
thus infringes Section 34(1)(c) of the Act. Your actions also amount to
unlawful competition, at common law but are also defamatory in nature.
7. Therefore, your registration of the domain name furthermore
amounts to male fide use of our client's trade mark, and is thus
objectionable. It also constitutes defamation of our client. Our
client is therefore entitled to object to the domain name and the use of
the disparaging logos. Our client is also entitled to apply to the High
Court in the United States for an interdict against you based on the
above.
8. Accordingly we call upon you immediately to:
8.1 cease all use of and disenable the domain name
www.telkomsucks.Ocatch.com or any other name confusingly or
deceptively similar to our client's TELKOM trade mark, as you are no
doubt unilaterally entitled to do so;
8.2 cease all use of the infringing marks mentioned in
paragraph 5 above, or any other marks/logos that
are confusingly similar to our client's TELKOM trade
mark.
8.3 undertake, in writing, never to make any unauthorized use of our
client's TELKOM trade mark, or any confusingly or deceptively similar
trade mark, in any manner or form whatsoever, again in future;
9. We require your response by no later than Friday, 13 August
2004. Should you fail to comply with our demands, we will take our
client's instructions on instituting further action against you, as
well as claiming damages against you in an amount of no less than R5
million.
Yours faithfully
ADAMS & ADAMS
Ms N Harryparsad
obo J F STANDER
PS: Please note that the annexure are voluminous, and will follow
separately.
Tel : + 27 12 481 1707
Fax: +27 12 362 6437
[email protected]
* * * * * * * * * * * * * * * * * * * * * * * * * * *
<font color="navy"><font size="1"><b>Where others have progress, we have Telkom.</b>
Hellkom website - www.hellkom.co.za</font id="size1"></font id="navy">
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Gregg Stirton
CAPE TOWN
Dear Sir
SOUTH AFRICA - Trade mark registration no. 91/5809 TELKOM and others in class 35 in the name of Telkom SA Limited and objection to website
telkomsucks.Ocatch.com
1. We act on behalf of Telkom SA Limited.
2. Our client is the proprietor in South Africa of the well-known
TELKOM and Keypad logo (TELKOM) trade marks in various classes. We
attach as Annexure "A" details of our client's trade mark
registrations. We collectively refer to the above trade marks as the
'TELKOM' trade marks.
3. Our client has spent considerable time, money and effort in the
promotion and establishment of this trade mark, and as a result, the
mark has become known in the relevant trade sectors in South Africa and
internationally. As a result of this extensive use, our client has
acquired a reputation and goodwill in its mark, and therefore also has
common law rights in its TELKOM trade marks, worldwide.
4. Accordingly, our client is also entitled to prevent the use by
another person of its registered trade mark in relation to goods or
services, if the use would be likely to take unfair advantage of, or be
detrimental to, the distinctive character or repute of our client's
registered trade mark. Section 34(1)(c) and Section 35 of the Trade
Marks Act no. 94 of 1993 apply in this regard. Furthermore, our client
is also entitled to protection of its well-known trade mark in terms of
Article 6(1)bis of the Paris Convention.
5. Our client has been made aware of the fact that you are the
subscribing partner of the domain name telkomsucks.Ocatch.com. This
domain name is confusingly similar to our client's well-known TELKOM
trade mark. You are further using various logos, such as HELLKOM,
TELSCUM, MELK-HOM, TELKON, TELSKAM, MONOPOLY-DOTCOM, GELDBOM, DJOUMA, EXPENSIVE on your website that are confusingly similar to our client's TELKOM trade mark.
6. Your unauthorized use of our client's trade mark in this
manner, takes unfair advantage of, and/or is detrimental to the
distinctive character or repute of our client's TELKOM trade mark, and
thus infringes Section 34(1)(c) of the Act. Your actions also amount to
unlawful competition, at common law but are also defamatory in nature.
7. Therefore, your registration of the domain name furthermore
amounts to male fide use of our client's trade mark, and is thus
objectionable. It also constitutes defamation of our client. Our
client is therefore entitled to object to the domain name and the use of
the disparaging logos. Our client is also entitled to apply to the High
Court in the United States for an interdict against you based on the
above.
8. Accordingly we call upon you immediately to:
8.1 cease all use of and disenable the domain name
www.telkomsucks.Ocatch.com or any other name confusingly or
deceptively similar to our client's TELKOM trade mark, as you are no
doubt unilaterally entitled to do so;
8.2 cease all use of the infringing marks mentioned in
paragraph 5 above, or any other marks/logos that
are confusingly similar to our client's TELKOM trade
mark.
8.3 undertake, in writing, never to make any unauthorized use of our
client's TELKOM trade mark, or any confusingly or deceptively similar
trade mark, in any manner or form whatsoever, again in future;
9. We require your response by no later than Friday, 13 August
2004. Should you fail to comply with our demands, we will take our
client's instructions on instituting further action against you, as
well as claiming damages against you in an amount of no less than R5
million.
Yours faithfully
ADAMS & ADAMS
Ms N Harryparsad
obo J F STANDER
PS: Please note that the annexure are voluminous, and will follow
separately.
Tel : + 27 12 481 1707
Fax: +27 12 362 6437
[email protected]
* * * * * * * * * * * * * * * * * * * * * * * * * * *
<font color="navy"><font size="1"><b>Where others have progress, we have Telkom.</b>
Hellkom website - www.hellkom.co.za</font id="size1"></font id="navy">
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I the cartoon alone is worth