From: "Vayra, Fabricio" To: Sent: Tuesday, May 07, 2002 11:35 PM Subject: Unauthorized Use of AOL's Intellectual Property May 7, 2002 VIA E-MAIL RE: Unauthorized Use of AOL's Intellectual Property We represent America Online, Inc. with respect to its intellectual property matters. Our client is the owner of numerous trademark registrations worldwide for its marks AOL, AMERICA ONLINE and ICQ (collectively, the "AOL Marks"). Our client is also the copyright owner of the AOL service software and ICQ service software. Our client has made extensive use of its AOL Marks in interstate and international commerce in connection with the advertising, promotion, and sale of its Internet and computer-related goods and services. Due to our client's widespread use, advertising, and extensive marketing, its AOL Marks have become very famous and many consumers recognize the marks as distinctive symbols of our client's goodwill. It has come to our attention that you have registered the domain "8th-wonder.net" and are using it in connection with a Web site that makes prominent use of our client's trademarks and offers for distribution ICQ numbers, AOL accounts and programs for modifying the AOL service software and ICQ service software. You should be aware that your actions violate our client's intellectual property rights, as well as the AOL and ICQ Terms of Service. Additionally, our client is concerned that your unauthorized use of its famous AOL Marks in this manner is likely to confuse consumers into believing falsely that our client endorses or is affiliated with your Web site. Moreover, any commercial use of our client's marks will dilute the distinctive qualities of the AOL Marks. To prevent any such confusion or dilution, we request that you immediately discontinue use of our client's marks, or marks confusingly similar to them. We also request that you cease from distributing ICQ numbers and AOL accounts in violation of the AOL and ICQ Terms of Service. We trust you will understand the serious nature of this matter and we request that you contact us by no later than May 17, 2002, to confirm that you have ceased the above referenced activities. Sincerely, Fabricio Vayra 202/857-6130 Vayra.Fabricio@arentfox.com Arent Fox Kintner Plotkin & Kahn, PLLC 1050 Connecticut Avenue, NW Washington, DC 20036-5339 Phone 202/857-6000 Fax 202/857-6395 www.arentfox.com cc: Douglas R. Bush, Esq. James R. Davis II, Esq.