<nettime> tESco - legal notice

[t_mould@irational.org (tm)]

>So-called "fake" projects are also very popular. Netartists try to park
>themselves with them in other art territories without being exposed. For that
>they copy creative elements of a particular communications context and
>transfer them to their own projects. Products are offered that can never
>possibly exist, services are promised which no one can possibly keep. Lying is
>therefore explicitly allowed. In this way believers, unsuspecting surfers can
>become a component of a netart project. Through such projects,
>fundamental questions are raised about truth, the credibility of the exchange
>of information in a media-dominated society. Netartists are experimenting
>with the belief in the progress of techno culture and are working with its
>material - information and communication. They are using metaphors from the
>real world, pseudo-individualizing software and playing with the vanity of
>their virtual visitors.


TESCO
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The question raised by the following letter is  - who is liable for prosecution?

rachel@irational, t_mould@irational or heath@irational?

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WILLOUGHBY & PARTNERS - Intellectual Property Protection & Enforcement

Dear Sir

TESCO STORES LIMITED ("Tesco")

We act for Tesco in relation to the protection and enforcement of its
intellectual property rights.

Tesco will be well known to you as one of Britains leading food retailers
with over 500 stores throughout England Scotland and Wales.

Our client operates a loyalty card sheme, called TESCO CLUBCARD. With over
9 million cards now in issue, TESCO CLUBCARD has become the most popular
loyalty card in the UK

YOUR SITE

Tesco's attention has recently been drawn to two internet URLs,
"http://www.irational.org.com" and "http://www.irational.org", both of which
point to the same web pages ("the offending site").

TESCO's CONCERNS

Copyright

A considerable number of images contained within the offending site are
copies of works in which our client is beneficially entitled ("Tesco's
copyright works") and which our client has the exclusive right to
reproduce. The unauthorised reproduction of Tesco's copyright works,
including storage
by electronic means, constitutes infringement of copyright and is actionable.

We have advised our client that it  would be able to obtain an injunction
to restrain the unauthorised reproduction of Tescos copyright works
contained
within the offending site and would be entitled to claim damages from you.

Passing Off

The URLs http://www.irational.org" contain the text "Supported by tesco"
which hot_link a user to the URL
"http://www.irational.org/rachel/terms/collection.html". The user is then
requested to provide the last 9 digits of their TESCO CLUBCARD number and
is prompted to complete a more detailed form requesting certain personal
details.
It appears that a number of users have already completed requests for
certain information on this site (URL
"http://www.irational.org/rachel/tesco/PDF.html)

If a user bypasses these requests by clicking on a "TM" device the user is
confronted with a page of animated GIF files of "spinning" TESCO devices.
The remainder of the offending site includes a considerable number of depictions
of the TESCO CLUBCARD device, the TESCO device, the TESCO DIRECT device and the
TESCO BAKERS FINEST device.

Anyone viewing the offending site is likely to be misled into thinking that
your goods, services and/or business are in some way directly associated with,
supported or sanctioned by Tesco, when this is not the case.

Tesco is extremely concerned at the inevitable confusion that will arise in the
minds of the public that visit the offending site. Such deception and/or
confusion is likely to result in substantial damage to Tescos reputation
and
goodwill.

In particular. Tescos is extremely concerned that a number of visitors to
the offending site have provided personal confidential information under
the apparent belief that this information is being requested directly by
OUR CLIENT.
We consider that this information has been obtained by deception.

Trade Mark Infringement

A number of pages within the offending site incorporate unauthorised use of
signs identical or similar to Tesco's trdaemarks in relation to goods or
services which differ from those for which the Tesco's trade marks are
registered. Weconsider thatthe use of those signs takes unfair advantage
of, or is otherwise detrimental to, the distinctive character or repute of
Tescos trade marks are registered and thus constitute trademark
infringement.

UNDERTAKING

Tesco therefore requires that you provide an undertaking in the form of the
draft attached at Enclosure 5 by 28 April 1997

The practical consequences of this Undertaking include, but arenot limited to:-

* removal TESCO devices from http://www.irational.org/tm/tesco

* removal of the CLUBCARD devices from
http://www.irational.org/tm/tesco/front.html

*removal of TESCO BAKERS FINEST device from
http://www.irational.org/rachel/tesco/sale.html

LEGAL PROCEEDINGS

If you do not provide us with a signed Undertaking in the form of the draft
attached at Enclosure 5 by 28 April 1997, Tesco will take all necesary steps
to protect its rights by commencing proceedings against you for passing off,
trademark infringement and copyright infringement. These proceedings
will seek an injunction, delivery up and/or destruction under oath and monetary
compensation. Tesco will, in addition, seek to recover from you its legal costs
incurred in such proceedings.

We look forward to hearing from you. In the meantime, Tesco fully reserves
its rights.

Yours faithfully

Willoughby & Partners

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