Our office
represents Religious Technology Center ("RTC"), the
L. Ron Hubbard Library, Church of Scientology International
("CSI") and Church of Scientology Flag Service Organization
("Flag"), non-profit religious corporations, with
respect to intellectual property matters. RTC is
the owner of the confidential Advanced Technology of the Scientology
religion and the holder of exclusive rights under the copyrights
applicable to the Advanced Technology materials. The Advanced
Technology materials are unpublished, copyrighted works. RTC's
works include, among others, the individual works comprising
levels known as "OT III" and "Class VIII Assists".
These works are registered with the United States Copyright
Office under registration numbers: TXu 290 496 and TXu 593 514.
The L.
Ron Hubbard Library and Flag are also the owners of the copyrights
of a number of photographs appearing in its various publications.
RTC is
also the owner of the federally registered trademark and service
marks of the Scientology religion which includes the "Scientology
Cross," "Configuration of the E- meter", the
signature of Mr. L. Ron Hubbard, the founder of the Scientology
religion, and the "Sea Org Symbol." These marks are
registered with the United States Patent and Trademark Office
under registration numbers 1,302,525; 1,012,452; 1,325,117;
2,056,778; 1,821,751, 1,334,758; 1,326,867, 0877, 948, 1,317,343.
RTC also owns the common law trademark rights to the "SeaHorse
Symbol" consisting of a detailed artistic rendition of
a seahorse. CSI is the licensee of these trademarks.
CSI and
its sub-licensees use these trade and service marks in connection
with providing religious and humanitarian services and counseling,
seminars, books, classes, and lectures, among others. These
marks are also used extensively on the Internet. For example,
many of these products, including a great number of books of
the Scientology religion and services are promoted through various
web sites, including "scientology.org", "dianetics.org",
etc.
I. Unauthorized Use of Copyrighted Materials.
We have
been advised that you have placed RTC's, the L. Ron Hubbard
Library's, and Flag's copyrighted works on your website without
their authorization. These works can be found under the following
URLs :
- http://www.anti-scientologie.ch/nouveau_fichier190.htm
- http://www.anti-scientologie.ch/secret-course.htm
- http://www.anti-scientologie.ch/images/croyance-ot3.jpg
- http://www.anti-scientologie.ch/images/xenu.htm
- http://www.anti-scientologie.ch/images/croyance-lrh.jpg
- http://www.anti-scientologie.ch/nouveau_fichier110.htm
- http://www.anti-scientologie.ch/images/ot3.gif
- http://www.anti-scientologie.ch/nouveau_fichier191.htm
- http://www.anti-scientologie.ch/secret-course.htm#OT%20III
- http://www.anti-scientologie.ch/margery-wakefield.htm#murduf
- http://www.anti-scientologie.ch/images/puissance.jpg
- http://www.anti-scientologie.ch/images/clearwater.jpg
- http://www.anti-scientologie.ch/images/portrait.jpg
- http://www.anti-scientologie.ch/images/ron.jpg
- http://www.anti-scientologie.ch/images/ronadept.gif
Your action
in this regard violates United States and Swiss copyright law.
As you may know, copyright subsists in Switzerland in
our client's materials by virtue of the Berne convention. Accordingly,
we request that you remove these infringements immediately.
Our clients
have obtained numerous permanent injunctions concerning Internet
infringements of these and similar works. In RTC v. Lerma, Case
No. 95-1107-A, the court ruled in favor of RTC, permanently
enjoining the defendant infringer from posting on the Internet,
the same OT III work that is one of the subjects of this letter.
A jury in the United States District Court in San Jose, California
assessed damages in the amount of $75,000 against a Mr. Henson
for copyright infringement, for posting another of RTC's Advanced
Technology works on the Internet. Mr. Henson was also permanently
enjoined by the court against further infringements. Three other
United States courts have issued permanent injunctions against
Internet infringements of these and related works.
A Swedish
court enjoined a defendant who infringed the OT III work (among
others), in addition to finding that his actions in placing
our client's copyrighted works on the Internet violated the
owner's rights under Swedish copyright law.
He was
also fined for his illegal actions and ordered to pay $161,000
in litigation costs. Thereafter, this same infringer was separately
found guilty of criminal violations of the copyright act with
respect to RTC's materials.
II.
Unauthorized Use of Trademarks.
You have
also placed the above specified trademarks on your website and
have done so without the authorization of our client, RTC. These
infringements can be found under the following URLs :
- http://www.anti-scientologie.ch/images/contrat-sea-org.jpg
- http://www.anti-scientologie.ch/images/e-meter.jpg
- http://www.anti-scientologie.ch/images/trs1.jpg
- http://www.anti-scientologie.ch/images/croixsci.gif
The use
of our client's trademarks in this manner violates Swiss trademark
law. Trademark rights subsists in Switzerland in our client's
trademarks by virtue of the Paris Convention (to which Switzerland
and United States are signatories) which provides that United
States citizens shall be given the same treatment in Switzerland
with regard to trademark protection as that available to Swiss
citizens.
Accordingly,
we request that you remove these copyrighted materials and trademarks
immediately.
I appreciate
your prompt attention to this matter.
Sincerely,
- Ava
Paquette
- Moxon
& Kobrin
- 3055
Wilshire Boulevard
- Suite
900
- Los
Angeles, California 90010
- Tel:
(213) 487-4468
- Fax:
(213) 487-5385
