E-Mail #2, 18th Feb 1999

LeBoeuf, Lamb, Greene & MacRae

125 West 55th Street
New York, NY 10019-5389
E-Mail Address: vpolak@llgm.com

February 17, 1999


Mr. Andrew Bednarz

re: Infringement of "Tetris" trademark, copyright and other rights (http://www.geocities.com/Hollywood/2430/bedsoft.html)
Dear Mr. Bednarz:

I am writing regarding your above-referenced website and its infringement of the trademark, copyright, and look and feel rights of The Tetris Company L.L.C. ("The Tetris Company") and its licensor in and to the Tetris game.

It has recently come to our attention that you have rereleased your Tetris-based game, simply changed the name of the game from "Bedtris" to "Bedter" and continue to distribute the game and offer it for downloading from the Internet.

The Tetris Company and its licensor have the exclusive right to the copyright in the look and feel and trade dress of the Tetris game. Accordingly, The Tetris Company and its licensor enforce these rights against the unauthorized distribution of the Tetris game or any game that is substantially similar to the Tetris game, whether or not such games are offered under a trademark confusingly similar to "Tetris" (i.e., even if the game is called "Bedter") and whether or not the games are sold or offered for free.

You are distributing an unauthorized version of a Tetris-based game, "Bedter." Your distribution of the Tetris-based game constitutes infringement of the look and feel and trade dress of the Tetris game.

Accordingly, we demand that upon receipt of this letter, you cease and desist from displaying, offering, or distributing any Tetris-based games, including but not limited to "Bedter," including on the Internet, and including but not limited to the above-referenced URL location and that you acknowledge your agreement to cease and desist from such activities by countersigning this letter in the space provided below and returning it to this office with 10 days.

This letter is without prejudice to all further rights of The Tetris Company or its licensor, including, but not limited to, rights to injunctive relief, profits, damages, royalties, and attorney's fees.

Very truly yours,
Vivian Polak