Lockmeup.com and a variety of other sites around the net have been receiving letters from the lawers for C.R. Bard, Inc. complaining about the use of the their BARDEX trademark. As a result any story, post, etc that mentions their trademark has been removed from the site. I suspect that people really are refering to a BARDEX branded product in the posts, though one that is being used for a purpose it was not intended for. Unfortunately, I do not feel like spending the time to try and fight this. So instead I'm just pulling the content.
What I will do is publish their letter for you to read. Though from looking at google they're taking action way too late. People at this point honestly believe that there is such a device. They will have pretty much no luck trying to wipe the world clean of that.
November 16, 2004
Via Courier and First Class Mail[Name and address ommitted]
Re: C.R. Bard, Inc. / BCR, Inc. v. LockMeUp.com
Infringement and Dilution of BARDEX Trademark
Our Ref.: 252027US-4528-8284-35 SD
Dear [Name ommitted]:
We last wrote to you on October 22, 2004 (copy of letter enclosed) regarding the improrer use of the BARDEX trademark appearing in the story titeld Chastity Belt Roulette posted on your web site. This is now our third attempt at communicating with you and you continue to misuse the BARDEX mark. It appears from your failure to remove the references to our client's trademark that you may not be interested in reaching an amicable resolution.
We request you send written confirmation of the removal of any and all improper BARDEX references from the story titled Chastity Belt Roulette and from any other stories posted on http://www.lockmeup.com/cb/chastity-stories.htm by December 2, 2004. If we do not hear from you or your attorney, we will cosider your failure to cease using the mark as willful infringemenet and dilution of our client's valuable trademark and will contact your hosting site to ensure you receive proper notification of the continued propblem.
Very truly yours,
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT, P.C.Roberta S. Bren
Enclosure(s): Copy of Letter
cc: C.R. Bard, Inc.
October 22, 2004
Via Courier and First Class Mail
[Name Omitted]
[Completely incorrect address omitted.]
Re: C.R. Bard, Inc. / BCR, Inc. v. LockMeUp.com
Infringement and Dilution of BARDEX Trademark
Our Ref.: 252027US-4528-8284-35 SD
Dear [Name ommitted]:
We last wrote to you on April 26, 2004, regarding the improper and inaccurate references to the BARDEX trademark appearing in the story titled Chastity Belt Roulette posted on your website. We never received a response from you, however, we noted your website was inactive for some time.
Our monitoring reveals that the imporoper use of the BARDEX mark has renewed. References to BARDEX enema nozzle and Double BARDEX appearing in the story posted within http://www.lockmeup.com/cb/stories/roulette.html and its source code script are likely to cause confusion as to the origin of the products and services identified and dilute the value of our client's federally registered mark.
We remind you that the BARDEX mark only identifies C. R. Bard, Inc. prescription medical products, namely urological catheters, and it is not associated with enemas, enema equipment or any other products. Your use of BARDEX in connection with erotic fiction in the medical fetish field is likely to mislead consumers into believing that the activities of your website are somehow affiliated with our client, or that our client has somehow sponsored, approved, or authorized the use of the BARDEX trademark.
Accordingly we request your remove improper references to BARDEX from the story, its source code script, and on search engine listings by November 8, 2004, and provide written confirmation of your compliance. If the refereces are not removed and we do not hear from you or your attorney, we will recommend our client institute a lawsuit, without further notice, and that damages to the fulletst extent provided by law as well as costs associated with the lawsuit, be demanded.
Very truly yours,
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT, P.C.Roberta S. Bren
Enclosure(s): Print-outs
cc: C.R. Bard, Inc.