Letter from American Idol Attorneys to Geek 2 Geek

June 11, 2007

Greenberg Traurig
Attorneys at Law
Los Angeles Office
2450 Colorado Avenue
Suite 400E
Santa Monica, CA 90404

June 11, 2007

Spencer Koppel
445 E. North Water St. Apt 1504
Chicago, IL 60611

Re: GEEK IDOL

Dear Mr. Koppel

This firm represents FremantleMedia North America, Inc. ("FremantleMedia"), the owner with and/or through related or affiliated companies of the trademark AMERICAN IDOL. Fremantle Media has been using the AMERICAN IDOL mark in connection with the immensely popular "American Idol" television talent competition, in addition to a variety of other goods and services, since at least as early as June 2002. FremantleMedia also owns numerous U.S. registrations and applications for AMERICAN IDOL, and marks incorporating the wording "American Idol" (collectively, the "AMERICAN IDOL Marks"), a list of which is enclosed herewith for your reference.

As you may be aware, "American Idol" is one of the most successful and popular television series of all time. Having recently concluded its sixth season, the series has consistently dominated and broken records for television broadcast ratings, attracting millions of viewers to the FOX television network. Through many years of use and the expenditure of significant sums and efforts, the distinctive AMERICAN IDOL Marks have achieved fame and represent enormous value and goodwill to our client. As such, our client diligently protects those rights.

It has been brought to FremantleMedia's attention that you have recently filed an Intent-To-Use application to register GEEK IDOL in connection with "entertainment services, namely conducting contests." We also note that you have already begun using the GEEK IDOL mark on your website located at to advertise your talent contests.

Given the striking similarities between GEEK IDOL and our client's AMERICAN IDOL Marks, as well as the obvious similarities between the services in connection with both parties' marks, consumers will most likely believe that your services are connected to or affiliated with FremantleMedia or that FremantleMedia has, to some degree, sponsored or endorsed your services. As such, your use of GEEK IDOL will most likely cause confusion, mistake, and/or deception among the consuming public regarding the source or sponsorship of your services, and will give the false impression that your services are associated with FremantleMedia and/or "American Idol" in violation of our client's rights. As such, your use of GEEK IDOL constitutes trademark infringement under both the Federal Lanham Act and the common law. In addition, since AMERICAN IDOL is a famous mark under the Lanham Act, your use of GEEK IDOL would also constitute dilution of our client's marks and unfair competition.

Accordingly, FremantleMedia hereby demands that you immediately cease and desist from using GEEK IDOL, and any confusingly similar marks in connection with your services and withdraw your application to register the GEEK IDOL mark. You should be aware that our client's remedies for these violations include, without limitation, immediate and permanent injunctive relief, compensatory and punitive damages, and an award for attorney's fees and costs incurred in obtaining such remedies. Your prompt attention to this matter is required. Please confirm to us in writing no later than June 18, 2007, that you will comply with the foregoing cease and desist demand. If we have not received such written confirmation by that date, we will be left with no choice but to take action to preserve and protect our client's rights in this matter.

The foregoing is not intended to be a complete statement of FremantleMedia's position and should not be construed as a waiver of any of FremantleMedia's rights or remedies, all of which are expressly reserved.

Very truly yours,

/s/

Christina Liu

My response dated June 18, 2007:

Dear Ms. Liu:

I received your letter regarding the use by my firm of GEEK IDOL. You refer to striking similarities between the services offered by GEEK IDOL as a problem in that consumers will most likely believe that your services are connected to or affiliated with your client or that to some degree, your client has sponsored or endorsed our services. You express concern that the use of Geek Idol will give the false impression that our services are associated with American Idol.

You further state that, “In addition, since AMERICAN IDOL is a famous mark … your use of GEEK IDOL would also constitute dilution of our client’s marks and unfair competition.”

To address these concerns, without discussing them nor agreeing that they are valid, I would be willing to include in all material that Geek Idol is in no way affiliated nor endorsed by American Idol or any of its associated companies.

Very truly yours,

Spencer Koppel

President

Their response:

August 16, 2007

Dear Mr. Koppel

This letter responds to your facsimile dated June 18, 2007.

As you may know, our client has expended tremendous resources in teh promotion of the AMERICAN IDOL Marks and the "American Idol" television shiw. Our client is also greatly appreciative of the public response to the goods and services under the AMERICAN IDOL Marks and acknowledges that this response has played a huge role in building the goodwill and fame of these marks. It is partly because of this loyalty to its viewers that our client must enforce its trademark rights to maintain the integrity of the AMERICAN IDOL brand. Our client is also obligated by law to monitor all unauthorized uses of identical and confusingly similar marks in order to maintain protection of its own marks, regardless of whether or not a third party consciously intends to harm our clients.

In your facsimile dated June 18, 2007, you stated that you would be willing to include statements that our client has not endorsed or sponsored your services. While we appreciate this gesture, we do not believe that these types of statements will minimize the impact of a likelihood of confusion regarding teh source of the goods and services. Moreover, our client is particularly concerned that such statements do nothing to ddress the problem of dilution. In particular, we note that the term "IDOL" is the dominant feaure of our client's famous AMERICAN IDOL marks. Due to our client's substantial efforts, the term "IDOL" has developed secondary meaning with the public in connection with our client's contests and competitions. Your adoption of the term GEEK IDOL to promote contests draws upon teh goodwill and secondary meaning created by our client in its AMERICAN IDOL Marks and specifically in the term "IDOL." We further note that there exist a multitude of terms other than "IDOL" which you could have adopted in connection with your services. The fact that you specifically chose the term "IDOL" for use in connection with your contests is more than likely a result of the popularity and goodwill associated with our client's famous marks. This is a classic form of trademark dilution, which is prohibited by law.

We further note that our position is supported by the decision of the United States Patent and Trademark Office to issue an Office Action refusing registration of the GEEK IDOL mark on the grounds of likelihood of confusion with a variety of our client's AMERICAN IDOL Marks and other related prior pending applications.

Accordingly, we must insist that you abandon the GEEK IDOL application and cease all further use of the term "IDOL" in connection with your services, including on your website. Our client does not wish to shut down your website or the contests that you offer, but must demand that you use a term other than "IDOL", or any other confusingly similar or typographical variation of this term, to promote your goods and services.

Please confirm in writing by August 23, 2007 that you will comply with teh foregoing demand. If we do not hear from you by this date, we will consider future legal action.

The foregoing is not intended to be a complete statement of FreemantleMedia's position and should not be construed as a waiver of any of FreemantleMedia's rights or remedies, all of which are expressly reserved.

Very truly yours,

/s/

Christina Liu

Response

August 23, 2007 

Christina Liu

Greenberg Traurig

2450 Colorado Avenue, Suite 400E

Santa Monica, CA 90404

Dear Ms. Liu:

I received your letter demanding that I cease the use by my firm of GEEK IDOL. I must say, I am puzzled by the amount of attention you have paid to my small contest when I note how many “IDOL” contests are regularly taking place around the country, and in many instances have done so for several years. Based on this, I thought that my offer to include a disclaimer was more than reasonable.

Nevertheless, based on my limited resources and the realities of the American legal system where even if I win, I lose, I cannot reasonably justify the continued dollar and time cost to fight an entity with deep pockets and a powerful law firm. I am forced to capitulate to your demands. Despite this, neither you nor your client should consider that this is in any way, shape, or form, an admission that your position has any merit.

I have instructed the firm that manages my web site to remove all references to the Geek Idol contest. You will, I hope, understand that I don’t control this firm, and am at the mercy of their work schedule, so it may not have been accomplished by the time of your receipt of this letter.

Very truly yours,

Spencer Koppel

President

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