Cease and Desist Notice from Fox News (21st Century Fox)

The author of the website FOXNEWSADVERTISERS.COM has been notified by this website’s hosting provider that it has received a cease and desist notice (“THE NOTICE”) from 21st Century Fox, parent company of Fox News, and owner of the trademark “FOXNEWS.COM”. An excerpt of the letter is included below as it was received from the website hosting provider.

In response to THE NOTICE, the hosting provider for this website has “Upon reviewing the site ourselves we believe any usage of the mark [FOXNEWSADVERTISERS.COM] to be nominative fair use and as such will be taking no action at this time and informing 21st Century Fox of this.”

In response to THE NOTICE, it is the position of the author of this website that the use of domain name “FOXNEWSADVERTISERS.COM”:
   1. Constitutes fair use under 17 U.S.C. Section 107 of the United States Copyright Act. Any copyrighted material is reproduced in good faith in small portions for nonprofit educational and informational purposes that consists of criticism, comment, and/or news reporting.
   2. Describes the contents of this website in a manner that is accurate and fair.
   3. Does not cause confusion among consumers i.e. No confusion between FOXNEWS.COM and its products and services with FOXNEWSADVERTISERS.COM which is a blog documenting the advertisers of Fox News.*
   4. Is not in competition with FOXNEWS.COM products and services.
      *Other websites using domain names beginning with “FOXNEWS” predate this website and have operated for many years including FOXNEWSBOYCOTT.COM (2009), FOXNEWSCOMMENTS.COM (2010) and constitute precedence. These websites are not affiliated with 21st Century Fox and/or Fox News according to a WHO IS lookup at https://whois.icann.org and yet have operated for years.

In response to THE NOTICE, acting in good faith, the author includes on the home page a Disclaimer and a Terms and Conditions of Use (“THE TERMS”) that explicitly disclaims any affiliation, approval, or suggestion there of, of this website to 21st Century Fox, its subsidiaries and affiliates including FOX NEWS, and requires all visitors to accept THE DISCLAIMER and THE TERMS. Visitors who do not agree are instructed to leave this website. The author of this website takes no further action at this time in response to THE NOTICE.

Cease and Desist Letter from 21st Century Fox (Fox News)
To Whom It May Concern:

I am writing to you on behalf of Twentieth Century Fox Film Corporation
and its related entities, including Fox News Network (collectively
“Fox”). Fox is the exclusive owner of, inter alia, U.S. Trademark Reg.
Nos. 1840919, 1924143 and 2318595 (for goods and services including
“providing on-line services”) for FOX, and Reg. No. 2469849 for
FOXNEWS.COM (all collectively the “FOX Mark”). By virtue of their
longstanding use in the United States and elsewhere, the FOX Mark has
long since become famous. Fox owns and operates the
http://www.foxnews.com/ website (the “FOX Site”).

It has come to our attention that the http://www.foxnewsadvertisers.com/
website (the “Infringing Website”), which we understand is hosted by you,
uses the FOX Mark without authorization on a site offering purported news
stories regarding advertising.

The use of the FOX Mark on the Infringing Website creates consumer
confusion because users encountering the FOX Mark and/or those familiar
with the FOX Site will assume that Fox sponsors, endorses, or authorizes
the use of the FOX Mark and/or the contents of the Infringing Website,
when it in fact does not. Accordingly, the Infringing Website violates
Fox’s trademark rights and constitutes unfair competition under the
Lanham Act. See 15 U.S.C. § 1114 and § 1025.

We hereby demand that you, as ISP for the Infringing Website, stop the
violation of the FOX IP by the infringer by removing or disabling users’
access to the infringer’s online location by March 12, 2018. We have
attempted to contact the owner of the Infringing Website, but they have
not responded to our email.
I have a good faith belief that the use of the material at the URL listed
above is not authorized by Fox, its agent, or the law and I declare under
penalty of perjury that I am authorized to act on behalf of Fox and the
information in this letter is accurate.
This email is not a complete statement of Fox’s rights in connection with
this matter, and nothing contained herein constitutes an express or
implied waiver of any rights, remedies, or defenses of Fox in connection
with this matter, all of which are expressly reserved.
/Kasimira C. Verdi/

Kasimira C. Verdi
Executive Director – Intellectual Property

21st Century Fox
2121 Avenue of the Stars Rm 761
Century City CA 90067
T 310.369.3110

Leave a Reply