| EDWARD EVANS & Co.
INCORPORATING CLEVELAND & JOHNSON
and HOUGHTON & JOHNSON
| Chartered Patent Agents
European Patent Attorneys
| Patents, Designs, Copyright,
Licensing and Trade Marks
T.L JOHNSON, B.Sc., M.I.M., M.I.T.M.A., C.P.A., E.P.A.
53-64 Chancery Lane,
London, WC2A 1SD
TELEPHONE: 0171 405 4916
Our reference MAL/wh/A7731
Date 21 October 1998
Re: 7-ELEVEN Infringement on the World Wide Web
We act for the Southland Corporation, the owners of the trade mark 7-ELEVEN both in the United Kingdom and in a great many other countries of the world.
It has recently come to our clients attention that you are operating an Internet Web Site with the address http://www.irational.org/7-11/ which closely imitates our clients official 7-ELEVEN home page located at http://www.7-eleven.com
We have advised our clients that the use of our clients 7-ELEVEN trade mark amounts to trade mark infringement and to passing-off. We have further advised our clients that your imitation of their own Internet pages constitutes a clear breach of our clients copyright. It is clear that actual confusion is occurring and in this connection we refer to the e-mail message dated 2 June 1998 from a Mr Foaad-Haghighi enquiring about the possibility of leasing a 7-ELEVEN store which closed in Tucson, Arizona.
Unless we receive from you undertakings in the form attached to this letter within 10 days from the date of this letter our clients will take all steps open to them in the English High Court to prevent the misuse and misappropriation of their intellectual proprety rights, without further warning to you.
The Southland Corporation
cityplace, 2711 North Haskell Avenue
United States of America
In consideration for your company refraining from
instituting proceedings in the English High Court
for trade mark infringement for passing-off and for
copyright infringement I, Heath Bunting, of Top Flat,
2 Neals Yard, Covent Garden, London WC2 hereby solemnly
and irrevocably undertake as follows:
1. I will immediately stop infringing your company's
registered trade marks.
2. I will immediately stop passing-off my web site
as or for that of your company.
3. I will immediately remove from the World Wide Web
those pages appearing at http://www.irational.org/7-11/,
at http://www.ljudmila.org/7-11/ and those at the
Dated this ____________ day of ______________1998