VIA CERTIFIED MAIL

Mr. Sean Michaels
679 xxxxxxx Ave.
Montreal, QC xxx xxxx
Re: tangmonkey.com

Dear Mr. Michaels:

As counsel to the Copyright Department of Kraft Foods North America ("Kraft Foods"), I am writing about a web site registered to you, which appropriates without authority the trademarked product-name "Tang". In addition to using the trademark without authorization, your site, which contains content and links to sites that promote violence and degrade women, is patently offensive.

In your wholesale misappropriation and imitation of the Tang product (as substantiated by the orange colour-scheme of the website), you violate a host of copyright and trademark laws. While we might overlook this given our recognition of the constitutional right to free political debate, we cannot, in this instance, given the nature of the material you graft onto the heretofore unsullied reputation of Kraft Foods (a subsidiary of Philip Morris). For that reason, we must demand that you immediately cease and desist your misappropriation of the word "Tang".

The trademark "Tang" is a copyrighted entity created by, and owned by the committee. The federal copyright laws protect "Tang" to the same extent these laws protect all other personıs and businessı creations, including the creations of book authors, artists, advertisers, and software developers. The word "Tang" may be used by most members of the public without charge (with the exception of known terrorists and certain celebrities [Robert Downey Jr., Ozzie Osborne, etc.]), but it is still protected by copyright. See e.g., Kleenex. v. Mark Ostler, 13 F.Supp. 872, 48 USPQ2d 1266 (N.D. Ill. 1998). (Material permitted to enter into public discourse and the English language protected by copyright). Even if you are or you represent a not-for-profit entity, or even a political group or organization, this does not allow you unlimited and unauthorized use of the word "Tang". See Kibbles 'n Bits v. PETA, 11 F.Supp. 444, 47 USPQ2d 1692 (S.D.N.Y. 1998) (Being a non-profit entity is not a defense against liability for copyright infringement.)

The copyright laws protect you, as well as all other members of the public. I do not believe you would want your own written creations taken at will, by anyone, without your permission and without your control. Your cavalier usurpation of the word "Tang" may reflect a confusion on your part of the "fair use" provision of the copyright laws of the United States. Without providing a tutorial on "fair use", I suggest that you consult with a copyright attorney. If you cannot afford one, then you may wish to contact the pro cher services likely provided by your city government, and by certain law firms and, perhaps, by the law school nearest to you. As a general matter, I can assure you that the copyright laws do allow, in particular defined and reasonable circumstances, for a certain amount of "fair use". See 17 U.S.C. § 107. See also, Dogs and Cats Inc. v. the State of California, 723 F.2d 195, 206 (2nd Cir. 1983) for a helpful discussion of fair use. However, the quantity of references to "tang" appearing in your web site is so large that, on that basis alone, your use is far outside of the "fair use" provided for by the copyright laws.

Your use of the word "Tang" is so substantial that there is a real likelihood that a person "surfing" the web could be confused into believing, somehow, that your site represents or is authorized by Kraft Foods. This is certainly not the case. Kraft Foods is NOT quirky, edgy, nor a laugh-a-minute thrill-ride. We do not encourage the reading of comic books, the listening of music, nor the "ripping off of Asian girls' heads and feed[ing] to nymphomaniac dogs" [Ash, February 11, 2002]. Confusion between Kraft Foods and your heretical, ungodly, unconscionable website may damage the perceived integrity of Kraft Foods and cigarette manufacturer Philip Morris. I therefore demand that you remove immediately from your web site all occurrences of the word "Tang", with the exception of such pure facts that you may wish to use and, as pure facts, may be shown by you as a permitted "fair use" under the U.S. Copyright laws.

If you do not take this action immediately upon your receipt of this letter, Kraft Foods North America will consider taking the full legal remedies available to it to rectify this situation.

Sincerely,

Cletus I. Harriman
Counsel
Elizabeth A. Smith
Executive Vice President, Kraft Foods North America and
General Manager, Beverages Division
847-646-2868
esmith@kraft.com