Free Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00087-JJF

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Sherry H. Flax Phone: (410) 332-8784 Fax: (410) 332-8785 [email protected] www.saul.com

Celebrating 85 years of service.

November 9, 2006 Via Facsimile (215-862-9524) and U.S. Mail Mainline Media Holdings LLC 30 Bridge Street New Hope, PA 18938 Re: Dear Sir/Madam: This office represents Today Media, Inc., a Delaware corporation engaged in the business of publishing online and print magazines. One of Today Media's publications is MAIN LINE TODAY, a general feature magazine that is distributed both online and in print format. The content of MAIN LINE TODAY focuses on Philadelphia and its western suburbs. Today Media has filed an application to register its MAIN LINE TODAY trademark with the United States Patent and Trademark Office, U.S. Ser. No. 3079476, based on continuous use of the mark in interstate commerce since at least as early as March 1, 1996. Today Media has expended significant resources to establish and maintain its exclusive right to use the MAIN LINE TODAY trademark in connection with magazines. We have recently learned that you intend to publish a lifestyle magazine under the name MAINLINE. We are concerned that your use of the term MAINLINE is highly likely to cause consumer confusion, mistake, or deception as to the source of your publication. Because MAIN LINE TODAY has been in use for more than ten (10) years, the general public associates it with Today Media. Under these circumstances, we request that you distinguish your name so as to avoid the likelihood of confusion that is certain to result from your use of MAINLINE for magazines. Because you have not yet published your magazine, you will not lose any good will associated with your efforts and we will pre-empt any infringing activity. Trademark Infringement: MAIN LINE TODAY

Lo c k w o o d P l a c e

5 0 0 Ea s t P r a t t S t r e e t

Baltimore, M D 21202-3171

Phone: (410) 332-8600
BALTIMORE 906167.1 CHESTERBROOK HARRISBURG NEWAR K

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P H I LAD E LP HI A P RI NCET ON WASHINGTON WI LMI NGTON

A DELAWARE LIMITED LIABILITY PARTNERSHIP

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Please advise us by no later than Friday, November 17, 2006, of your intention to comply with this request. We appreciate your cooperation in this matter. Very truly yours, Sherry H. Flax

cc: Today Media, Inc.

906167.1

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Sherry H. Flax Phone: (410) 332-8784 Fax: (410) 332-8785 [email protected] www.saul.com

Celebrating 85 years of service.

November 30, 2006 Via Facsimile (215-862-9524) and U.S. Mail Mainline Media Holdings LLC 30 Bridge Street New Hope, PA 18938 Re: Dear Sir/Madam: You have not provided us with a response to our letter of November 8, 2006, concerning your use of MAINLINE MAGAZINE to identify a general feature magazine. As explained in that letter, Today Media, Inc., has used the trademark MAIN LINE TODAY for its general feature magazine continuously since at least as early as March 1, 1996, and has filed an application with the United States Patent and Trademark Office to register its mark. We have recently learned that in addition to infringing on my client's MAIN LINE TODAY trademark, you are using a similar layout and colors for your publication. Today Media has experienced actual vendor confusion and has received mail intended for Mainline Magazine. These instances of confusion anticipate the consumer confusion that is certain to result ffrom your use of MAINLINE MAGAZINE. We would appreciate the courtesy of a response to our request that you sufficiently distinguish the name of your publication so as to avoid the likelihood of confusion that has occurred and will continue to occur as a result of your use of MAINLINE for magazines. Please respond to us by no later than Friday, December 8, 2006. We look forward to your cooperation in this matter. Very truly yours, Sherry H. Flax cc: Today Media, Inc. Trademark Infringement: MAIN LINE TODAY

Lo c k w o o d P l a c e

5 0 0 Ea s t P r a t t S t r e e t

Baltimore, M D 21202-3171

Phone: (410) 332-8600
BALTIMORE CHESTERBROOK HARRISBURG NEWAR K

Fa x : ( 4 1 0 ) 3 3 2 -8 8 6 2
P H I LAD E LP HI A P RI NCET ON WASHINGTON WI LMI NGTON

A DELAWARE LIMITED LIABILITY PARTNERSHIP