October 21, 1993
VIA AIRBORNE
Mr. Eric Bickernicks
15 Somewhere Avenue
Whoknowsville, ZQ 12345
Dear Mr. Bickernicks:
It has recently come to our attention that you have filed a clearance form dated May 17, 1993 with Broadcast Music Inc. ("BMI") for a composition entitled "Ren and Stimpy Theme." As I am sure you are aware, "The Ren & Stimpy Show" is an animated program appearing on NICKELODEON, a cable programming service. All rights, including but not limited to all copyrights, in the theme song for "The Ren & Stimpy Show," also known as the "Dog Pound Hop," are held by Music By NICKELODEON Inc., successor in interest to Music By Video Inc. Moreover, "The Ren & Stimpy Show" is a registered trademark of Viacom International Inc. ("Viacom"). Therefore, we are extremely concerned over the discovery of your filing with BMI, and hereby demand that you immediately: (i) forward to us an audio cassette and/or lead sheet of your composition; (ii) cease using Viacom's Ren & Stimpy trademark; (iii) withdraw your clearance form from BMI; (iv) take all further steps necessary to avoid infringement of the intellectual property rights held by Music By NICKELODEON Inc. and/or Viacom; and (vi) tender any moneys wrongfully received by you or on your behalf on account of the infringement of any of Music By NICKELODEON Inc.'s and/or Viacom's rights. We ask that you advise us no later than Thursday, October 28, 1993 that you intend to comply with these demands, so that additional immediate steps to enforce our rights will be unnecessary.
Please be advised that the foregoing is not intended to be a complete statement of the facts or the law relevant to this matter, nor of our legal and equitable rights and remedies, and nothing hereinabove stated or omitted shall be deemed a waiver or limitation of any rights, remedy or cause of action of any kind whatsoever, all of which are hereby expressly reserved.
Sincerely,
cc: Marvin Berenson, Esq.
Alison Smith
Michael Tortora
6969 Broadway New York, New York 10036-5797 (212) 258-6969