GREENBAUM, ROWE, SMITH,
RAVIN, DAVIS & HIMMEL LLP
Counsellors at Law
Metro Corporate Campus One
Woodbridge, New Jersey 07095-0988
Fax: (732) 549-1881
MAIL, RRR & REGULAR MAIL
Ms Annick Elziere
RE: DOMAIN NAME
Dear Ms. Elziere:
Please be advised this office represents the Borough of Flemington, New Jersey. We are writing this letter in hopes of rapidly resolving our concern regarding your Internet site accessible through the domain name FLEMINGTON-NJ.COM. As you are no doubt aware, the Borough's actual name of Flemington is representative of the good will that has been built-up throughout the Borough's long history. undoubtedly, persons attempting to learn more about the Borough of Flemington are accessing your site.
It is our client's sincere belief that your website improperly misleads the public into believing both it, and consequently its content, are officially endorsed by the Borough of Flemington itself. We believe such misinformation results from your independent and combined use of the domain name FLEMINGTON-NJ.COM, you deliberate design of the pages themselves and the actual information content included.
Our client's concern stems from the fact that you, and not the Borough itself, ultimately control the content of the website, and hence the ultimate public impression given by what appears to be an officially endorsed website of the Borough of Flemington, New jersey.
Both federal and state intellectual property laws, including both the federal Lanham Act and New Jersey Title 56, appear to have been violated, as the resulting confusion is solely the result of your unilateral adoption of the domain name FLEMINGTON-NJ.COM for your website.
While we believe there may be an amicable resolution to this situation, we require you immediately cease-and-desist in providing access to the website content presently accessible through the domain name FLEMINGTON-NJ.COM and to cease and desist from using that Internet address in order to abate the likelihood of causing further confusion. We expect confirmation that you have done so, and a disclosure of any new website address, no later than two weeks following the date of this letter. Your failure to demonstrate compliance within this time period will require us to consider availing ourselves of any legal rights and remedies to which we may be entitled.
Thank you for your attention to the above.
Very truly yours,
Peter A. Buchsbaum
(was signed by)