以下是我们的云路由调控中心，与UGG律师团的对话。

首先声明一点，我们是文明人，是讲法律的

---------- Forwarded message ----------

From: Sven Olaf Kamphuis

Date: 2010/5/4

Subject: Re: xil****e.com IP: 195.191.102.55; Our File No. 90316; UGG Trademark Infringement

To: Justin Gaudio < 该E-mail地址已受到防止垃圾邮件机器人的保护，您必须启用浏览器的Java Script才能看到。 >

Cc: " 该E-mail地址已受到防止垃圾邮件机器人的保护，您必须启用浏览器的Java Script才能看到。 " < 该E-mail地址已受到防止垃圾邮件机器人的保护，您必须启用浏览器的Java Script才能看到。 >, , Stephanie Torrisi < 该E-mail地址已受到防止垃圾邮件机器人的保护，您必须启用浏览器的Java Script才能看到。 >

Hi there. (Just one reply to ALL of your emails).

As we have already told one of your colleguas (or you?) by phone a few weeks ago,

We won't take any action at all.

We supply the chinese company in the IP whois (as it's -their- ip range) with internet routing services.

The customer appears to be a chinese ISP providing hosting facilities to third party websites on their own infrastructure.

Just for your information (as i'm quite sure you are unaware of it)

European ISPs are not liable nor legally obliged to take any steps, including answering notice-and-takedown emails.

In our case, this is explained in article 8 of the german "telemediengesetz".

There are ofcourse a few exceptions to that (not modifying the transferred information, not initiating the transfer of data, not selecting the ip addresses, and not cooperating with the customer in criminal activity) none of which apply, and no, providing them with internet service does not constitute "cooperating with the customer in whatever the customer or their customers do", so no need trying that either... in case of any

doubt, we've been there did that took it to court and got the t-shirt several times.

We could even challenge the "Trademark infrigement" claim as the sites seem to mention the word "replica" and it's china and so forth, but really, there is no need to, as it's none of our concern.

I can't say for sure wether the customer's customers are actually breaking any law or not, considering that they operate from china and ofcourse, we don't know anything about chinese law, and it's not up to us to interfere with that anyway... (I have severe doubts wether US trademarks would hold any value in the peoples republic of china)

Now, if they are selling stuff to the US, i'm quite sure your customs department would be of better service to you.

In short, I see no other option but for you to try to get the customer so far as to somehow get his customers to change this situation...

German law applies to our carrier services to this customer

Chinese law applies to the services provided by him to his customers

So i'd advise you go go and try there, as we will simply provide internet routing to whomever pays the bill. (as is our explicit right by law).

All customer information in this email is public knowledge and can be found in whois. (as ofcourse, we would not be able to make any statements on that otherwise).

Furthermore, your emails look like they are generated in an automated fashion, and refer to laws not applicable to us, nor our clients, nor their clients, which, under EU regulations, constitute "mass unsollicited commercial email", which, IS illegal. (just as a reminder)...

We shall not utter any issues about potential frivolous legal threats, as they are targetted towards the customers, not to us, which to our best knowledge, are not subject to your trademark regulations.

Anyway, we cannot help you with that.

--

Greetings,

Sven Olaf Kamphuis,

Confidential: Please be advised that the information contained in this

email message, including all attached documents or files, is privileged

and confidential and is intended only for the use of the individual or

individuals addressed. Any other use, dissemination, distribution or

copying of this communication is strictly prohibited.

On Mon, 3 May 2010, Justin Gaudio wrote:

Dear Sir:

Our firm represents Deckers Outdoor Corporation, 495-A South Fairview Ave., Goleta, CA, United States ("Deckers") in trademark and copyright matters.  Deckers is known in the trade as UGG Australia and owns the UGG trademark for footwear, clothing, outerwear, bags, and other goods.  UGG is a registered trademark in China (Reg. No. 880518), Japan (Reg. No. 2,097,985), the United States (U.S. Reg. No. 3,050,925), European Community (E.C. Reg. No. 001409721; E.C. Reg. No. 006335632) and more than 70 other countries around the world.  Deckers maintains a website at <uggaustralia.com> where genuine UGG® goods are sold using its UGG trademark, including UGG sheepskin boots.

Our investigation indicates that your company is leasing server space for the website at <xil****e.com>.  The operator of this website is infringing Deckers' trademarks, and on information and belief is selling counterfeit UGG® products.  Infringing use of the UGG mark occurs throughout the website at <xil****e.com> including unauthorized use of the UGG trademark to promote sales of look-a-like and/or counterfeit boots for sale.

Deckers has not authorized the use of its UGG trademark on the webpage located at <xil****e.com>, and these uses therefore infringe Deckers' UGG trademark registrations in China, the U.S., and other countries where this website operates.  Accordingly, Deckers requests that you act expeditiously to remove or disable access to the website at <xil****e.com> and further requests that you provide us with all available contact information you have pertaining to the owner and/or operator of the website.

If you have any questions regarding this matter, please contact us.  Due to the very serious nature of this matter, we ask that you contact us within 48 hours to advise us of what actions you will take.

Yours truly,

/Justin R. Gaudio/

Justin R. Gaudio

Justin R. Gaudio

Greer, Burns & Crain, Ltd.

300 South Wacker Drive, Suite 2500

Chicago, IL 60606

Phone (312)987-2922 | Fax (312)360-9315

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