Hawaii-Pacific Apparel Group, Inc. v. Cleveland Browns Football Company, LLC et al

Filing 8

Hawaii-Pacific Apparel Group, Inc. v. Cleveland Browns Football Company, LLC et al

Doc. 8 Att. 3

Case 1:04-cv-07863-DC

Document 8-4

Filed 12/03/2004

Page 1 of 3

Dockets.Justia.com

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Case 1:04-cv-07863-DC

Document 8-4

Filed 12/03/2004

Page 2 of 3

LAW OFFICES

CHRSTIN

CHRYI KAOL

ROBERTS -

KAOL
ROBERTS
In A.iation with Morla C.

Liceed in Califoria

anT""
FUcMr

BAYVW CEN

P. O. BOX 9827

INEMA: IN
WE SIT:

NEWPRT BEACH CA 92658 TEEPHONE 949.85-.8500 FACSIM 85-.8535

ww.ckaw- com
oom

March 31 , 2000

Robert 1. Rakopf, Esq.
White & Cae 1155 Avenue of the Americas New York, NY 10036
Re:

Registrtion No. 1

Hawaii-Pacific Apparel Group, Inc. - LIL DA WG POUN 963 463 - March 19, 1996 and DAWG POUN, Application Serial No. 74/498198

Dear Mr. Rakopf:
I represent Hawaii-Pacific Apparel Group, Inc. of Hawaii and Californa. A! you are awae

a family ofDAWG maks , hereinafter the "Marks. . In pacular, my client is the owner of the above trdemark registrtion for the trdemark LIL DA WG POUN in Interntional Class 25 for clothing, namely shirt, pants, short, jacket and swimwear; headwea, namely caps , hats, baseball caps and sherpa hats; and footwear, namely shoes , tennis shoes and work shoes , hereinafer referred to as the "Registration. " Furher, my client asserts both common law and statutory rights to the mark DA WG POUN which is the subject of Application Serial No. 74/498198 , in Interntional Class 25 for clothing, footwear and headgear.

my client is the owner of varous registered trademarks and pending applications which constitute

c
Case 1:04-cv-07863-DC Document 8-4 Filed 12/03/2004 Page 3 of 3
Robert L. Rakopf, Esq.
March 31 , 2000

Page 2

It has come to the attention of Hawaii-Pacific Apparel Group, Inc. that your clients , Cleveland Browns Football Company, LLC and/or your licenSees orrelated entities are tiing the mark DA WG POUN in cOmmerc though retal outets and on the Intemet on certin clothg items, such as

t-shirt , whch are covered by the Registrtion and my clients common law and statutory rights.
The names DA WG POUN, LIL DA WG POUND, TOP DA WG and Hawaii-Pacific Apparel Group, Inc. s family of mar have become associated with Hawaii-Pacific Apparel Group, Inc. and its products. DA WG POUN and LIL DA WG POUN are employed by both the public and the clothing indus to refer to products marketed by Hawai-Pacific Apparel Group, Inc. It is our position that your clients' use of the term DA WG POUN creates a likelihood of confion with my client's Registrtion and its family of marks and, as such, constitutes trdemark infrngement, unair competition and dilution of my client' s family of marks.

On behaf of Hawai-Pacifc Appael Group, Inc., we request tht

you immediately:

cease and desist using the mark DA WG POUND or any other trde containing any of Hawaii-Pacific Apparel Group, Inc. s marks;
provide us with an accunting settng
fort detailed information

identity designation

concernng the nature and volume of products you have sold bearing the term DAWG POUND;

terminate any existing license agreements with third parties which permit the use of the Mark in question including DA WG POUND and LIL DA WG POUND.

sign an agreement setting fort the terms on which this matter can be resolved , including payment of compensation to Hawaii-Pacific Apparel Group, Inc. for the damages arising from the above-described infrnging activities of your clients.
If this matter is to be resolved amicably, we mus have your compliance with the foregoing demands

within ten (10) days of the date ofthis letter. We must recive your full cooperation with all ofthese demands , and any other that may becme appropriate as we lea more about the natue of your infrnging activities, or Hawai-Pacific Apparel Group, Inc. will proceed to vigorously enforce its rights through the judicial system. I look forward to your early response to the matters discused above.

Cordially,

Chrstine Karol Robert
c:

Hawai-Pacific Apparl Group, Inc.