Fletch, this is the first of many letters/faxes back and forth between my attorney and babenet.com Gould was a pretty nice guy in the beginning. His big offer to me was free email and content in return for my babe.net domain name. I won! I still have my name. Even back then, babenet.com was spamming the hell out of me and others. Because they wouldn't stop after my many requests, I took the matter into my own hands. I did get their attention. My attorney was too much for them. They walked away and left me alone.
ELAINE R. ROSEN
ATTORNEY AT LAW
4658 El Camino Corto
La Canada, California 91011
(818) 790-0952
October 29, 1998
Mr. Clark Garen
Attorney at Law
P.O. Box 1790
Palm Springs, California 92263
Dear Mr. Garen:
I represent BabeNet Ltd., a registered California corporation.
BabeNet has been a significant presence on the Internet since 1995, establishing itself as a premier
provider of adult entertainment via the World Wide Web. The “BabeNet” trademark and corporate name is
well known in the industry and has acquired strong name recognition over the years.
Some months ago it came to the attention of my client that Kimberly Tracey had registered the
domain name “BABE.NET” with Internic. At her site, Ms. Tracey provides links to a number of sexually
explicit internet sites. As might be expected, consumers of on-line adult entertainment ultimately become
confused as to the origin of the Web sites. Consequently, people trying to communicate with my client
have inadvertently contacted Ms. Tracey.
In an effort to resolve the issue of domain name confusion Robert Gould, from BabeNet had, until
recently, been communicating directly with Ms. Tracey. I have taken special note that in her email to Mr.
Gould dated Monday, October 5, 1998, Ms. Tracey admits that her sister, acting as her agent, sent out a
message to some of the people who were allegedly trying to contact my client. The message was a falsified
debt collection letter, which requested a payment be made to BabeNet in the amount of $95.98. In addition
to being unlawful, the letter was rude and accusatory and placed my client in a false light which will
ultimately result in irreparable harm to the reputation of BabeNet Ltd.
It is obvious that BabeNet cannot tolerate Ms. Tracey’s continuing infringement of the BabeNet
trademark. While Ms. Tracy has “generously” offered to sell my client her domain name for the sum of
one half million dollars, we must respectfully decline. Instead, BabeNet is demanding that Ms. Tracey
immediately cease and desist her use of the term BABE.NET, which is confusingly similar to my client’s
trademark and corporate name.
Since this letter is being sent to your Post Office Box (the address supplied to BabeNet by Ms.
Tracey) I am unable to send it certified, with a requested return receipt. Therefore, I would appreciate your
advising me of your receipt via telephone or facsimile. My phone number is (818) 718.0366. My fax
number is (818) 700.2835.
I look forward to hearing from you as soon as possible regarding this matter.
Sincerely,
Elaine R. Rosen
cc: Robert Gould
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