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NETHERLANDS PATENT OFFICE
EUROPEAN PATENT B TRADEMARK ATTORNEYS
OpenWijs.nI Foundation Attn: Mr. F. Hoff
Guards Avenue July
6213 LONDON resume
by regular mail, by registered mail and by MAIL
Hague, October 7, 2011 A3023593BX
OPLC / www.openwijs.nl
Hoff Dear Sir,
Please refer to our letter dated August 5 this year on the above issue and UVV reaction end of last August 11
First, that as you will not understand bad joke. We have received explicit instructions from One Laptop per Child Ass0ciati0n, inc. (Hereinafter "OLPC"), Cambridge, USA to alert you to the fact that they did consent to use its brands and even serious objections to the use of its marks by OpenWijs.ni Foundation.
Naturally We need your feedback to OLPC reported and, consequently, they asked us to contact you again to record.
Client has indicated that you and your business partner indeed OLPC (Matt Keller, Walter de Brouwer, Bernie Innocenti, SJ, and many others involved in OLPC) have approached since early 2008. However, it also shows that contrary to what you provided notice, OLPC will not consent to the brands of OLPC to use.
As previously informed, is OLPC the owner of various trademark registrations worldwide, including the following European brands:
- OLPC (wordmark), registration number 1042710, registered in class 9 and 41 - (trademark), registration number 0965684, registered in Class 9
-(trademark), registration number 0937054, registered in class 9, 36, 41
and 42 and
- (figurative), registration number 0934470, registered in Class 36.
That the use OpenWijsnI Foundation does not trade connection takes place in its entirety
not alter the fact that your use violates the brands without permission of OLPC OLPC place.
EUROPEANPATENT & TRADEMARK ATTORNEYS
If you have documentation showing that you have explicit permission from OLPC, we receive such documentation like. In the meantime, and if necessary we summon you here again to immediately any signs Ven / varringwekkend similar or identical to the trademarks of OLPC to Ven / vijderen. Especially all the characters and OLPC "brands serving your website Ven / vijderd be. In addition and if necessary we hereby summon you also in future to refrain from any infringement of the trademark rights of OLPC. Lastly OLPC involves you in your statements to third parties the impression that you are in any way connected with or sponsored by OLPC.
Please look at this again 14 October 2011 by signing the enclosed statement confirming OpenWijs.nl that effective immediately all use of the above signs will stop and keep stopped.
If we are by the same date no satisfactory response has been received that all characters of the site are wwwogenwisnl Ven / vijderd and have not signed the declaration received , then considering client matter for review by a competent court to submit, with all rights will be reserved including the right to claim damages.
Client still has confidence in the positive outcome of this issue and therefore sees your affirmative response with interest.
Sincerely, Dutch Ocîrooibureau
Tel: 070 3312538
Fax: 070 3527589
SIGNED UNDER THE
OpenWÌjsnI Foundation, with its principle place of business and registered at Gardeiaan 7, 6213 CV Maastricht, The Netherlands, after HereIn to be Referred to as
1. One Laptop per Child Association HereIn after to be Referred to as "OLPC", is the
proprietor of the following Community Trademark Registrations OLPC (word mark),
O registration number 1042710 in classes 9, 41, 'è yx (device mark) , registration
number 0965684 in class 9, 1 to y 'xl (device mark), registration number 0937054 2% in classes 9, 36, 41, and 42 (device mark), registration number 0934470
in class 36.
2. That overused HAS OpenWijs.nI signs are identical to the registered trademarks orOLPC
without prior permission fromOLPC.
1. That They Will abstain from Using Signs That are identical and / or similar to the registered trademarks or OLPC And That They Will remove all! identical and similar signs, and in Particular all the signs from their website OLPC wwwogenwiisn!
2. That here with undergraduate They take to abstain from any use or signs That can be oonsidered
identical or similar to the registered trademarks or OLPC now and in the future.
1. This declaration Shall be valid worldwide.
2. This declaration for Subsidiaries Shall Be validate Also, assignees and / or successor or
OpenWijs.n |. OpenWijs.nI under takes to pass on obligations assumed under this agreement to the Possible successor or OpenWijsnI
3. If any stipulation of this declaration is declared null and void or has been set aside, That Shall
not affect the validity of the other stipulations of this declaration. That in case the parties Shall Enter key in mutual consultation to replace the stipulation or the stipulation That Has Been Set aside with a valid stipulation With The Same Affect as the stipulation is null and void or That Has Been Set aside.
4. This declaration Shall Be governed by Dutch law Exclusively.
5. Arising from this agreement, all disputes, include disputes Regarding existence and
validity, Shall Be the adjudicated Exclusively by competent court in The Hague.
In witness whereof, drawn up in duplicate and signed by