From: {{REFERENCE REMOVED}} To: "Richard Klein" cc: davedris@erols.com Date: Tue, 17 Jun 1997 19:39:36 -0400 Subject: Infringement of Chevy Chase Bank Trademark {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} June 17, 1997 By Electronic Mail and Federal Express Mr. Richard P. Klein Chevy Chase Computers, Inc. 8504 Grubb Road Chevy Chase, Maryland 20815 Re: Infringement of Chevy Chase Bank Trademark Dear Mr. Richards: On April 23, 1997, we sent to you via Federal Express a letter concerning your firm's infringement of our client's federally-registered trademark. A copy of this letter is attached for your convenience. Given the seriousness of this matter, we were quite surprised that we did not receive a response from you prior to the May 9, 1997 date requested in our letter. Kindly confirm immediately that you did indeed receive our letter, and provide to us by close of business Friday, June 20, 1997, a statement as to your intentions with respect to this matter. Very truly yours, {{REFERENCE REMOVED}} Attachment cc: C. Keith McLendon, General Counsel, Chevy Chase Bank, F.S.B. David Driscoll, Chevy Chase Bank, F.S.B. Attachment: {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} {{REFERENCE REMOVED}} April 23, 1997 By Federal Express Mr. Richard P. Klein Chevy Chase Computers, Inc. 8504 Grubb Road Chevy Chase, Maryland 20815 Re: Infringement of Chevy Chase Bank Trademark Dear Mr. Richards: This firm represents Chevy Chase Bank, F.S.B., a federally chartered bank and a leading provider of banking and credit card services to the general public, located in Chevy Chase, Maryland ("Chevy Chase"). Chevy Chase holds numerous federally registered trademarks, including two for the mark "CHEVY CHASE": *U.S. Registration No. 1,529,695 for the mark "CHEVY CHASE" for PERIODICAL BANK REPORTS IN THE NATURE OF BOOKLETS; EMPLOYEE NEWSLETTERS, BROCHURES, LEAFLETS AND PAMPHLETS in International Class 16, and for BANKING SERVICES, NAMELY LOAN FINANCING SERVICES, CREDIT AND LOAN SERVICES, SAVINGS AND OTHER INTEREST ACCOUNT SERVICES, CHECKING ACCOUNT SERVICES, ISSUING TRAVELER'S CHECKS, DIRECT DEPOSIT SERVICES, DIVIDEND TRANSFER SERVICES TO CHECKING AND SAVINGS ACCOUNTS, SAFE DEPOSIT BOX SERVICES, ELECTRONIC BANKING, NAMELY AUTOMATED TELLER MACHINE SERVICES; PROVIDING INVESTMENT RATE INFORMATION BY TELEPHONE; BROKERAGE SERVICES INVOLVING STOCKS, BONDS, OPTIONS AND OTHER SECURITIES; INVESTMENT SERVICES INVOLVING BUSINESS, PROFESSIONAL AND INDIVIDUAL RETIREMENT PLANS, PENSIONS AND OTHER INVESTMENTS; ADMINISTERING HOME, AUTO AND LIFE INSURANCE POLICIES; CREDIT CARD SERVICES; ATM CARD SERVICES; FIDUCIARY AND OTHER TRUST DEPARTMENT SERVICES in International Class 36 ; and *U.S. 0Registration No. 1,204,811 for the mark "CHEVY CHASE" for SAVINGS AND LOAN SERVICES. Chevy Chase has used the CHEVY CHASE marks in commerce in the United States since at least 1969, and these registrations evidence our client's exclusive right to use the term "CHEVY CHASE" in commerce. It has come to our attention that your firm is offering certain services under the name "CHEVY CHASE". We have also learned that your company is operating a homepage on the World Wide Web under this name (http:/www.chevychase.com), and will therefore be promoting itself worldwide under the CHEVY CHASE mark. Your firm's use of the mark CHEVY CHASE will inevitably cause confusion with Chevy Chase's use of its marks for its own services, and is, therefore, an infringement of Chevy Chase's superior trademark rights. We are particularly concerned that our client's customers will see your CHEVY CHASE web site and mistake it for Chevy Chase's. Because Chevy Chase's customers' decisions are based in part on the information contained in a web site, we find your company's use of the CHEVY CHASE mark particularly troublesome. Your firm's activities under the CHEVY CHASE mark constitute an infringement of Chevy Chase's rights under federal trademark laws as well as under state common law and the law of unfair competition. We must therefore insist that you immediately cease all use of the term "CHEVY CHASE". We demand that you immediately: *Cease using any trademark, service mark, logo or trade dress which contains the term "CHEVY CHASE", including the World Wide Web homepage and its address, letterhead, brochures, advertisements, business cards and signage; *Transfer to Chevy Chase all rights to the "chevychase.com" domain name; and *On a date specified in advance in conjunction with Chevy Chase Bank, but by no means later than May 23, 1997, notify the InterNIC Registration Service that you will surrender the "chevychase.com" domain name registration. We require that you forward to us, by May 9, 1997, written confirmation that you intend to comply with the demands set forth above. Chevy Chase's marks are valuable company assets and Chevy Chase relies in great measure on the goodwill its marks represent. It has invested significant resources in developing that goodwill, and will protect its reputation from anything that threatens to diminish its value. Chevy Chase considers this to be an extremely serious matter. Thus, if you fail to provide us with written confirmation that your company intends to comply with the demands set forth above, we will recommend that our client take all necessary steps to protect its rights, including legal action against your company. In any legal action against your company, Chevy Chase will seek an injunction and would be entitled under federal law to seek attorney's fees and other costs as well as compensatory and enhanced damages. In anticipation of your prompt response to this letter, we have recommended to our client that it defer from taking further action until May 9, 1997. Very truly yours, {{REFERENCE REMOVED}} cc: C. Keith McLendon, General Counsel, Chevy Chase Bank, F.S.B. David Driscoll, Chevy Chase Bank, F.S.B.