Sega Wants to Spank Me!
The following text is the most recent letter that I have received from "Fross Zelnick Lehrman & Zissu, P.C.", lawyers representing SEGA. It voices their objection to my use of the domain name "sega-saturn.com" and is a follow-up to letters that started around the end of last year. I have included some own personal remarks (which are in bold/italics) in the letter below.

September 2, 1998

Re: Objection to domain name registration of Sega-saturn.com domain name (Our Ref: KSS USA TS-97/4234)

Dear Zdyrko:

As you know, we have been corresponding with you since November 1997 in an effort to obtain a transfer of the sega-saturn.com domain name from you to our client, Sega Enterprises, Ltd. Although you have on two occasions represented to me on the telephone that you would cooperate, you have failed to complete, sign and return to us the necessary Registration Name Change Agreement so that we can finalize the transfer. Meanwhile, you are continuing to use the mark for a website that is not authorized or affiliated with Sega Enterprises, Ltd., and which produces a likelihood of confusion with our client's registered SEGA SATURN trademark.

Your site is sub-titled "Your number one information source for Sega's Saturn and PC games". Your site also contains a statement that "this site features a wealth of news, reviews, previews and cheat codes for one of the best consoles currently available, the SEGA SATURN". It has links to many other video game pages and features Sega's own logo in the top left hand corner of the site with a hyperlink to Sega's home page. your site also lists news and press releases issued by Sega and its affiliated companies. All of this is likely to cause users of the site to believe that they have reached a page that is associated with or endorsed by Sega, when this is not the case.

(Of course...it will only cause the readers that are freaking IDIOTS to believe this, because the site also clearly states that "SEGA-SATURN.COM is not endorsed, sponsored, nor otherwise affiliated with SEGA Enterprises." But, I can see where this might confuse some people. "Sure, it says that this site isn't endorsed by Sega, but that might just be a lie! Sega has lied to us a million times in the past, maybe this is just another one of their lies!")

Given your non-responsiveness, we have no choice but to proceed with instituting the Network Solutions Inc. ("NSI") Domain Name Dispute Policy (Revision 03, effective February 25, 1998), and this notice is being sent to you in accordance with Section 8 (b) of that policy.

For purposes of this policy, it is hereby clearly stated that Sega Enterprises, Ltd. believes that the registration and use of the sega-saturn.com domain name by you as described above violates its trademark rights by creating a likelihood of confusion among consumers that your site is associated with Sega or one of its affiliated companies, in violation of 15 U.S.C. Sections 1114 (1) and 1125 (a) of the U.S. Lanham Act. In the alternative, your use of the sega-saturn.com domain dilute the distinctive quality of our client's SEGA and SATURN trademarks.

(Dilutes the quality of the trademarks??????? How the frick (really wanted to use a naughty word here)....well, who cares.... How the fuck can I dilute the quality of those trademarks any more than they already have? I'm not the one who released three consecutive systems/add-ons that have failed miserably in the United States. I'm not the one who decided to prematurely kill the Sega Saturn while it still had some hope and some life still left in it. I'm not the one who lost over 200 million dollars during the last fiscal year on the Saturn. I'm not the one who decided have a surprise launch for the system and NOT have enough games ready for it. I'm not the one failed to give third parties the proper support needed to release quality games. I'm not the one who publicly stated that the Saturn was not in Sega's future plans at LAST year's E3. I'm not the one who thinks that simply releasing Shining Force III Scenario 1 (it's NOT a complete game!) is enough to appease U.S. gamers. If anything, Sega has diluted the quality of its own name and trademarks. Up until now, I have done nothing but support them and their system. All on my own time and with my own money.

And, once again, the only people that will be confused into thinking that this site is endorsed or affiliated with Sega are the total GIMPS. It says clearly on the main page, "SEGA-SATURN.COM is not endorsed, sponsored, nor otherwise affiliated with SEGA Enterprises." How the hell can ANYONE with a brain still think that this site is in some way endorsed or affiliated with Sega???

This letter is without prejudice, and all rights are reserved.

Very truly yours,

J. Allison Strickland

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