June 20, 2002
BY ELECTRONIC MAIL
****** ***********
Chief Executive Officer
*** ******** *******
Dear Mr. *********:
I am the General Counsel of TheStreet.com, Inc. ("TheStreet.com"). We have
learned of a website known as ***
which we have reviewed. Upon investigation, we have learned that you are
the Chief Executive Officer of ***, the company
that owns and operates the *** website, and posts the materials
contained on it.
As you know, TheStreet.com is the publisher of the online financial
publication RealMoney.com, which is one of the web's most respected brands
for unbiased financial commentary. As you also know, RealMoney.com
features several columns each business day by James J. Cramer, who is a
contributor to TheStreet.com. TheStreet.com uses its well-known trademark
and trade name RealMoney.com to identify its online subscription
publication, located at "www.realmoney.com," and owns and controls the
copyrights, trademarks, and other proprietary interests in and to its name,
and to the articles posted on that website, including those by Mr.
Cramer. TheStreet.com has not licensed to *** any copyrights,
trademarks, or other proprietary rights. *** has not asked
TheStreet.com to authorize or approve *** use of any copyrights,
trademarks, or other proprietary rights, and TheStreet.com has not given
*** such authorization or approval.
An e-mail sent by *** to subscribers of the *** contains a verbatim copy of an
article written by Mr. Cramer entitled "Giving Martha the Benefit of the
Doubt" and published by TheStreet.com in RealMoney.com on June 17,
2002. There can be no question of the deliberate intent on the part of
*** to reap the benefit of content published by TheStreet.com simply
by duplicating the contents of RealMoney.com, and the negative effect that
*** actions have had on TheStreet.com, of which *** is aware
and has at all relevant times been aware. The infringement and dilution of
TheStreet.com's copyrights, trademarks, and other proprietary interests by
*** through the Subscriber Email has caused TheStreet.com irreparable
injury.
We demand that *** immediately cease and desist from any use of
material as to which TheStreet.com owns and controls the copyrights,
trademarks, and/or other proprietary interests, including, but not limited
to, any content of RealMoney.com and any columns by Mr. Cramer.
Your continued use of content from RealMoney.com following your receipt of
this letter may constitute willful statutory infringement, and may expose
you to punitive and/or exemplary damages, in addition to payment of
attorneys' fees and costs for TheStreet.com and Mr. Cramer.
This letter is without prejudice to any of TheStreet.com's or Mr. Cramer's
rights or remedies at law or in equity, all of which are specifically reserved.
Very truly yours,
Jordan Goldstein
Vice President and General Counsel
cc: Thomas J. Clarke, CEO, TheStreet.com, Inc.
James J. Cramer |
