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Letter from Harpo

Letter from Harpo

Re: Copyright Infringement and Trademark Infringement

Dear Mr. Crowe:
This law firm represents Ms. Oprah Winfrey and Harpo, Inc. ("Harpo").
It has come to our attention that you have created a website currently located at www.dreamagic.com/oprah (the "Website") and written a book entitled "Oprah For President" (the "Book") which you sell via the Website. The WebSite and the-Book each contain several images of Ms. Winfrey which are owned by Harpo, Inc. In connection with your sale of the Book, you use the website address www:oprahb8.net (the "Carmpaign Website”) and the telephone number 1-866-0PRAH08 (the "Phone Number") both on the Website and in the materials that are received with the Book. Visitors to the Campaign Website are automatically; redirected to the Website.

The inclusion of the images of Ms. Winfrey located on pages 8 and 83 of the Book and at the following URLs on the Website constitutes copyright infringement in violation of the U.S. Copyright Act, 17 U.S.C. Sec. 101 et seq.:

  1. http://www.dreamagic.com/oprah;
  2. http://www,dreamagic.com/oprah/legacy;
  3. http://www.dreamagic.comloprah/other.html;
  4. http://www.dreamagic.com/oprah/legacy/index.html;
  5. http://wvvw dreamagic.com/oprah/recruiting.html;
  6. http-//www dreamagic.com/oprah/.publicity.html;
  7. http://www.dreama,ic.com/oprah/writing.html;
  8. http-//www.dreamagic.com/oprah/maintenance.html;
  9. http://www.dreamagic.com/oprah/research.html;
  10. http://www dreamagic.com/uprah/fundraising.html;
  11. http://www.dreamagic.com/oprah/speaking.html;
  12. http://www.dreamagic.com/oprah/phonework.html;
  13. http://www.dreamagic.com/oprah/artwork.html;
  14. http://www.dreamagic.com/oprah/contactwork.htm};
  15. http://www.dreamagic.com/oprah/media.htm1;
  16. httw/lwww.dreamagic.com/oprah/dollars.html;
  17. http'//www.dreamagic.comlopral-doform.ht_ml;
  18. httpa/www.dreamagic.com/oprah/feedback.html
  19. http://www.dreamaglic.com/oprah/faq.html
(collectively. the "Images")
Harpo is the sole and exclusive owner of the copyrights in and to each of the Images and Harpo has no record of an agreement with you or your organization in which Harpo granted permission for the inclusion of these items on the Website or in the Book.

In addition, please be advised that Harpo owns the federally registered trademark/service marks for Oprah© (U.S. Trademark Office Registration #1726373 and 2521889) and The Oprah Winfrey Show® (U.S. Trademark Office Registration #2638506) (collectively, the "Marks"). The use of these Marks in the domain name of the Campaign Website and in the Phone Number on the Website and in the Book infringes on the Marks in violation of the Federal Trademark Act, 15 U.S.C. Sec. 1051 et seq. (the "Trademark Act"). The unauthorized use of these Marks has caused and will continue to cause damage and irreparable injury to Harpo. The Marks have been used by Harpo continuously for years. Harpo has spent considerable time and money in establishing and protecting the distinctive meaning of these Marks and Harpo will continue to protect its intellectual property aggressively. Also be advised that section 1125(a) of the Trademark Act prohibits any person from using a mark in commerce which is "likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services or commercial activities by another person". You are violating this section of the Trademark Act because the name "OPRAH" in the domain name of the Campaign Website and in the Phone Number, and the reference to both the Campaign Website and the Phone Number on the Website and in the Book, falsely implies that Harpo and Ms. Winfrey sponsor or endorse the Website, the Campaign Website, and the Book when in fact there is no such endorsement or affiliation.

Your use of the name OPRAH on the Website in connection with the sale of the Book additionally violates Ms. Winfrey's right of publicity under Illinois law (765 ILCS 1075). The right of publicity in Illinois grants individuals the ability to control the use of their identities, including the commercial use of their names. Ms. Winfrey has not granted you the right to us: her name for commercial purposes, including to sell the Book via the Website and via the Phone Number.

Since your organization's use of the Images and the Marks compromises Harpo's and Ms. Winfrey's interests in violation of its and her federal and state rights, we insist that your company immediately: