Schweiss Legal Complaint Against HangarDoorSecrets.com
Schweiss' Original Complaint
December 20, 2005
Mr. Layne Parker
RE: Intellectual Property Matters
Dear Mr. Parker:
This office represents Schweiss Automatic Bi-Fold Doors, Inc. and Door Engineering and Manufacturing, LLC. We write to you today about matters of serious concern.
It has come to our attention that within the last few weeks you began operating a website at www.hangardoorsecrets.com. That website violates our clients* rights in numerous ways. Specifically:
As you are undoubtedly aware, Schweiss Bi-Fold Doors has been manufacturing and selling bi-fold doors under the mark SCHWEISS for at least 10 years. Through more than a decade of continuous and extensive use throughout the United States and elsewhere, the mark SCHWEISS has become associated in the minds of the public with the manufacture and sale of high-quality doors for commercial, agricultural and residential uses.
Your unauthorized use of the Company's mark SCHWEISS as a search engine keyword is obviously designed to, and is likely to, create confusion and mistake among members of the public as to some connection or sponsorship between the Company and your website, when no such connection or sponsorship exists. Accordingly, your use of the mark SCHWEISS constitutes trademark infringement and false designation of origin in violation of federal law, 15 U.S.C, §1125(a).
You have misappropriated material from the websites of both of our clients.
You have reproduced nearly verbatim, without Schweiss' permission, the article "History of Schweiss Bi-Fold Doors" (reproduced on your site as "the Schweiss Bi-Fold Door Story"); similarly, the image you describe on your site as a "Bifold Door Automatic Lock" was copied directly from Schweiss' website. Both of these acts are clear examples of copyright infringement in violation of 17 U.S.C. §505.
Tn addition, you have copied in their entirety at least two copyrighted items from Door Engineering's website: (1) the color photograph, oval in shape, that you display on your home page and throughout your site; and (2) Door Engineering's demonstration video (described on your site as "Bottom Rolling Door Video").
Your infringements are brazen, systematic, and intentional. It is critical that you act promptly to minimize the consequences of your conduct.
Demand is hereby made:
1. That you immediately and permanently cease and desist from any further use
of the mark SCHWEISS, or any confusingly similar mark, in any format (whether as a
metatag, an ad-triggering keyword, or otherwise) in connection with your operation of
www.hangardoorsecrets.com> and/or in connection with your promotion and sale of products
or services relating to "hangar door secrets" or hangar doors generally;
We expect that this matter will be resolved quickly and informally. Be advised, however, that our clients are committed to the vigorous enforcement of their valuable intellectual property rights, and will not hesitate to seek formal legal remedies as necessary.
2. That you immediately and permanently cease and desist from any further
public display, distribution or reproduction, on your website or otherwise, of any of our
clients' website content or other copyrighted works;
3. That you provide to the undersigned, in writing, a certified accounting of all
gross revenues generated by your website in connection with the sale of any products or
services through your website www.hangardoorsccrets.com. within twenty-one (21) days of
the date of this letter; and
4. That you confirm to the undersigned, in writing, within seven (7) days of the
date of this letter, your full compliance with demands (1) and (2) above and your intention to
fully comply with demand (3) above.
Thank you for your anticipated cooperation. Please call if you have any questions.
Very truly yours,
GRAY, PLANT, MOOTY, MOOTY & BENNETT, PA.
Laura J. Hein