I am in receipt of your August 29, 2001 letter in connection with the
above-rferenced matter. In response to your request for a declaration,
I state as follows:
1. I am properly authorized to execute this document on behalf of the
Anti-Defamation League, (hereinafter the "Anti-Defamation League")
and declare that all statements made of my knowledge are true and that
all statements made upon information and belief are believed to be true.
2. The Anti-Defamation League is the ownwer of the trademark ADL and
has been using said trademark for more than nine decades in connection
with its educational services in the field of civil rights and combating
prjudice and racism.
3. The Anti-Defamation League is the owner of federal trademark
Registration No. 1,776,315 for "ADL Anti-Defamalion League" which
is valid, subsisting and in full force and effect.
4. Registration No. 1,766,315 for ADL Anti-Defamation League is
incontestible and serves as prima facie evidenceof the Anti-Defamation
League's exclusive right to use ADL in connection with the services
set forth in that registration.
5. Through decades of the Anti-Defamation League's extensive nationwide
use and promotion of said mark, including an internet site located at
www.adl.org, the public has come to identify ADL exclusively with the
Anti-Defamation League and exclusively with its educational services in
the field of combating bigotry.
6. Upon information and belief, the organization called the American
Defense League is an organization dedicated to "documenting how the
Jewish community is destroying our investment in America".
7. The American Defense League website, located at
www.americandefenseleague.com, contains material that infringes the
Anti-Defamation League's ADL mark. Specifically, the website refers to
the American Defense League organization as "ADL."
8. The unauthorized use of the Anti-Defamation League's federally
registered trademark is unlawful and constitutes trademark infringement,
unfair competition, and dilution under the Latham Act and applicable
state and common law.
9. On July 19, 2001 outside intellectual property counsel for the
Anti-Defamation League sent a letter to Mr. Boris Pribich apprising him
of the infringing behavior (a copy of which is annexed as Exhibit A).
No formal response was received from Mr. Pribich.
10. The undersigned declares under penalty of perjury that the above
statements are true to the best of his/her knowledge and information
and are based in part on the records of the Patent and Trademark
Office which can be found at www.tarr.usptogov.
