Timebase Pty Ltd v. Thomson Corporation, The

Filing 118

MEMORANDUM in Support re 116 MOTION to Compel Responses to Interrogatories 1 and 8 filed by Timebase Pty Ltd. SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 2/12/10. (Gasey, Arthur) Modified on 2/12/2010 (akl).

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Timebase Pty Ltd v. Thomson Corporation, The Doc. 118 Att. 23 Exhibit 31 Dockets.Justia.com Case 0:08-cv-01010-RHK-JSM Document 54-2 Filed 12/31/2008 Page '2 o f 4 P~per Kudnick August 10,2004 125I Avenue of the Americas NeivYork,NewYork 10020-1I04 main 212.835.6000 f 212.835.6001 a LOREN H.BROWN loren. brown@pipermdnick.com direcr 212.835.6046 f 212.835.6001 a VU FACS M L E Mr. Greg LeMond LeMond Cycling 641 East Lake Street - Suite 204P 'Way-zata, Minnesota 55392 Mr GregLeMond 3000 Wiliow Drive Medina, Minnesota 55340 // i Re: Notice of Breach of Sublicense Aweernent Dear hlr. LeMond. M y finn represents Trek Bicycle Corporation ("Trek"). This is formal notice that your recent actions are in breach of LeMond Cycling, Inc,'s Sublicense Agieenieiit ((`Agreement") with Trek Bjcycle Corpoi ation (`"Trek"). Section 13.02.01 of the Agreement gives Trek the right of termination if you take my action which damages or has an adverse impact upon Trek's business 01 goodwill. Among other Ihmgs, this provision requires that you not make public statements that may injure the business or goodwill of Trek. As you know, Trek has made substantial investments in the LeMond name and trademark, and l m always been careful to protect the reputation and goodwill associated with that name. ln exchange, Trek expects you also to protect that reputation and goodwill. When you harm the value of the LeMond name and trademark, you h a m Trek. The same holds true for actions you take concerning Trek's other valuable business interests, As you also know, Trek`s Endorsement and Spokesperson Agreement with Lance Armstrong is one of ils other valuable business interests. Mr. Armstrong`s name, good public image and endorsement of Trek products are of substantial commercial value to Trek Public Piper HudnickLLP Case 0:08-cv-0101O-RHK-JSM Document 54-2 Filed 12/31/2008 Page 3 of 4 Piper Rudnick Y r Greg LeMond M. August 10,2004 Page 2 . statements concerning Mr, Armstrong's alleged use of performance-enhancing drugs damage Trek's business and goodwill, including the LeMond product line. Recently, it came to Trek's attention that you made public accusations of performanceenhancing drug w e by kfr. Armstrong. These staternerits have appeared on television, in newspapers and the trade press, and on the Internet. Further, you decided to make such statements during Mr, A.mstrong's r n for a worid record sixth Tour de France titIe. When you u made such statements, you were aware of Trek's concern that they wouId cause substantid damage to its business and goodwill. In 2001, following a discussion with Mr, Burke, you made a commitment to refrain from such statements and to honor YOLK obligations imder the Agreement. More recently, before your appearance on ESPN, and following the release of the book I, A . Con$dentiel, Trek corresponded w t Mr. Bluming and again asked that you refrain ih from such accusations because they harm Trek's biisiness, including the LeMond braid, Dunng the past several weeks, Trek has received a large tiulnber of customer a d dealer complaints concerning yoin accusations about Mi. Amsirong. Enclosed is just a sampling of cornplaiats received to date. As you .rviIl. see, the sentiment is overwhelmingly negative and detrimental to the business and goodwill of Trek. Trek continues to receive these complaints. E This is not a notice of termination. Rather, it i s an invitation to begm discusslow to determine whether the parties can work together to make arrangements for an orderly, muhIa1 dissolution of their business dealings. Given the past good relationship between the parties, Trek would prefer to proceed in a manner which allows an ordcrIy transition, protects the integrity of the CeMond brand, and assists you in making other arrcangements to market the brand, should you wish to do so. Trek has valued its long relationship with you, it regrets this turn of events, and it hopes to acheve an amicable resolution of this matter. However, Trek reserves all rights ajid remedies under the Agreement. 1 s30G .-- Loren H. Brown .i/ Very truly yours, LtWjb cc: Enclosures Sidney I . )Bliuning, Esquire (via fax) Bluming Freiman Franco I,LP 140 East 45th Street - 19th Floor New York, New York 10017 /'' J > Case 0'08-cv-01010-RHK-JSM Document 54-2 Filed 12/31/2008 Page 4 of 4 Piaer Rudnick Mr. John Burke (via fax) 801 West Madison Street P.O. Box 183 Waterloo, M53594 Mi.Greg LeMond August IO, 2004 Page 3 Robert Burns, Esquire (via fax) P.O. Box 183 Waterloo, WI 53594 Mr. Joe Siefkes (via fax) P.O. Box 183 Walerloo, w1.53594 -hTW 1 : 65 1 03 1 .v 1 3 *-" -? 7

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