have removed the offensive link to the official ELLE magazine website from the ELLEONEARTH website.
The word ELLE is not copyright-able -only the typeset - words like "he", "she", "it" are not trademark-able. ELLEONEARTH is not ELLE. It is an entirely different term, coined by me...
Secondly, my father did a bit more than just "shoot several covers" for the magazine and I am entitled to talk about it publicity, as long as I tell the truth or what cannot be proven as not the truth.
The logo type on my book cover is distinctly different in color, style and tone from the ELLE logo, which is after all just a plain old Didot typeface, and was in fact originally designed (and later modified by my own father) to copy and emulate the one from VOGUE!!!
Such liberty of graphic design legally falls directly under the fair use heading of
"parody" fully protected by the 1st Amendment.
|----- Original Message -----
From: ADMIHFP email@example.com
Cc: Fabienne Sultan firstname.lastname@example.org
Caroline COUDERT email@example.com
Sent: Thursday, September 09, 2004 8:29 AM
Subject: ELLEONEARTH.com - i US 2004/19
I am writing to you in the name and on behalf of company HACHETTE FILIPACCHI PRESSE, a company affiliated to the group HACHETTE FILIPACCHI MEDIAS, owner of all the business elements and goodwill relating to the magazine ELLE, which title is internationally well known by reason of its seniority (first coined, adopted and used in November 1945 in the specific graphical presentation enclosed) and the importance of its distribution worldwide.
ELLE magazine with 36 editions available in 90 countries – the US edition launched in 1985 - selling around 62 million copies per year, with 20 million regular readers and a global readership of over 80 million, is the world’s leading fashion and lifestyle magazine.
HACHETTE FILIPACCHI PRESSE has also developed specialized editions derived from ELLE in the field of cooking, such as ELLE DECO, ELLE CUISINE, ELLE A TABLE, ELLE WONEN, ELLE A LA CARTE, etc.
In the field of multimedia, ELLE.com is the ELLE Interactive Network Portal providing access to all 13 ELLE web sites in 12 countries and 8 different languages.
The trademark ELLE has been recognized as a famous trademark in many countries and especially in United States, United Kingdom, Canada, Taiwan, Japan, China and Korea.
It has come unexpectedly to our attention that you, either yourselves or through your company have registered on 15 July 2004 the domain name ELLEONEARTH.com, similar to our ELLE trademarks. The registration of this domain name constitutes an infringement of our aforementioned rights, which can not be tolerated.
The registration of this name on the Internet could suggest a connection or some other affiliation between HACHETTE FILIPACCHI PRESSE and your business.
Furthermore, our famous logo ELLE is reproduced in the same way on your website, associated with the term “EARTH” which is written in the same characters that our logo ELLE.
Therefore, a confusion can appear in the consumer’s mind between our famous trademark ELLE and your use of the ELLE denomination. The consumer will associate our magazine to your website when he will see our ELLE logo on your website.
The fact that your father was a photographer who has shot several covers of our ELLE magazine does not authorize you to reproduce our ELLE logo on your website.
Therefore, in order to obviate the need for further action on our part, I hereby demand that you immediately cease any use of our ELLE trademark on your website and strike off the domain name ELLEONEARTH.com.
Awaiting to hear from you on this matter.
HACHETTE FILIPACCHI MEDIAS
Industrial Property Departement
In charge of domain names
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