From: brandprotection@mm-walmart.com
To: jephco@mac.com
Subject: Notice of Walmart Trademark Rights Infringement – walmart.horse
To Whom It May Concern:
Walmart is the owner of the well-known trademarks and trade-names Walmart and Wal-Mart. As you are no doubt aware, Walmart is the trademark used to identify products, services, activities and events related to Walmart.
In connection to Walmart proprietary rights over its well known trademark we bring to your attention the following:
You have registered, without Walmarts permission or authorization, the domain name(s) ‘walmart.horse’. The Domain Name incorporates the well known Walmart mark in its entirety, and, by its very composition, suggests Walmarts sponsorship or endorsement of your website and correspondingly, your activities.
Your use of a Domain Name that incorporates the famous Walmart mark constitutes trademark infringement and dilution of Walmarts trademark rights and unfair competition. Your use of our mark in the Domain Name is diluting use because it weakens the ability of the Walmart mark and domain name to identify a single source, namely Walmart. Further, your registration and use of the Domain Name misleads consumers into believing that some association exists between Walmart and you, which tarnishes the goodwill and reputation of Walmarts products, services, and trademarks.
In view of your infringement of our rights, we must demand that you provide written assurances within 14 days that you will:
1. Immediately discontinue any and all use of the Domain Name;
2. Immediately and permanently refrain from any use of the term Walmart or any variation thereof that is likely to cause confusion or dilution;
We look forward to hearing back from you within the above-mentioned time frame.
Sincerely,
Walmart Brand Protection
Walmart Corporate
508 SW 8th Street
Bentonville, AR 72716-0505
brandprotection@mm-walmart.com
My response:
Hello,
I would argue that Walmart.horse is an obvious parody and therefore falls under fair use. Publicly available images of a horse, a Walmart store, and comical music make it clear that the site is meant to be a joke. I would be happy to provide a disclaimer on the website explicitly stating this. If you have any requests for other animals you would like to see added to the image on the website, I would happily comply!
Thank you for your time,
Jeph Jacques
WWW.WALMART.HORSE
