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 Why We Can't Use The Term "Magic 8-Ball"


Tyco Toys, Inc
One Tyco Park
Exeter, NH 03833



Gentlemen:

We are counsel to Tyco Toys, Inc., the owner of the View-Master 3-D viewers and a variety of other properties, including "Magic 8-Ball." Magic 8-Ball is a registered trademark of Tyco, and is the name of a highly successful toy product marketed by the Tyco companies here and abroad. Tyco acquired this and other properties from the View-Master company in 1989.

It has come to our attention recently that you have employed the trademark "Magic 8-Ball" in connection with an on-line game intended to replicate the play of the Tyco toy marketed under the registered trademark "Magic 8-Ball."

The purpose of this letter is to advise you that the use of the trademark Magic 8-Ball and of the game marketed by Tyco under "Magic 8-Ball", whether on-line or by any other means constitutes wilful infringement of our trademark, copyright, trade-dress, and other intellectual property rights. It is clear that consumers are likely to associate such use with Tyco and the Tyco product, and to be confused about an association between our respective companies -- which association does not exist, as you well know. Such use and confusion will inevitably operate to the disadvantage of Tyco and has the distinct potential to adversely affect the valuable goodwill presently associated with the products of Tyco and View-Master.

Accordingly, we hereby demand that you cease and desist entirely from all such use effective immediately, and in no event later than ten (10) days from the receipt of this letter.

In the event that you fail to cease and desist from all such use, then Tyco will proceed to take all legal and other action necessary to protect its rights to its registered trademarks and products, including without limitation the initiation of legal proceedings for a preliminary injunction, and the recovery of damages as well as the costs and attorneys' fees associated with such efforts.

Please conduct yourself accordingly.

Tyco Toys, Inc.



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