A PICTURE IS WORTH A THOUSAND WORDS:
All
Quotations are from letters sent to UAC by Stephen Filler, Esq, 400
Madison Ave, 14th Floor, NY, NY 10017 www.nylawline.com
"....it is apparent that (UAC) violated Roma's copyright......because a) they (UAC) had access to Roma's copyrightable material.......and b) their (UAC's) work is substantially similar to Roma's...material" UAC_Letter_2_page 1 paragraph2 .....Additionally (UAC's) 'knockoff' of Roma's material is a (federal) trade dress violation....and violates numerous state statutes." UAC_Letter_2 page1 paragraph 3
"There is a vast amount of demonstrable evidence that both the graphic artist who designed the UAC materials and the individuals who commissioned and approved the UAC materials had access to or were in possession of (Roma's) datebook and the Artwork." UAC_Letter_2 page1 paragraph 4
Federal Law "provides....that 'any person who, or in connection with any goods or services...uses in commerce any...symbol or device...or any false designation of origin...which...is likely to cause confusion, or to cause mistake or to deceive as to the affiliation, connection, or association of such person with another person, or as to the original, sponsorship or approval of his...goods, services or commercial activities by another person....shall be liable'......UAC Letter_2_Page3_Paragraph2
"There is strong likelihood of confusion because the trade dress is highly distinctive, UAC has intended to 'cash in' on Roma's reputation and good will.....and there is evidence that many who have viewed UAC's material were confused about the source." UAC Letter_2_Page3_Paragraph 5
"UAC acted in bad faith by adopting its graphic material 'with the intention of capitalizing on [Roma's] reputation and goodwill and any confusion between [UAC's promotional material] and the senior user's [Roma's] product' ". UAC Letter_2_page4_paragraph1
UAC's "persistence in violating Roma's rights and refusal to make any reasonable attempt to resolve this dispute seem designed to force the parties into a protracted public litigation that is in neither party's interest." UAC Letter _2 _ page4_paragraph5
Letter #1 Page 1 Letter_#1_Page_2
Letter_#2 Page 1 Letter_#2_Page_2
Letter_#2_Page_3 Letter_#2_page_4