A Letter From Some Nice Lawyers

Gowlings, Strathy and Henderson Barristers and Solicitors

Dear Sirs:

Re: "I AM" Advertising

We are the solicitors for MacLAREN McCANN Canada Inc., the advertising agency for Molson Breweries.

Molson Breweries is the owner of the trade-mark "I AM" which is being used extensively in their "I AM" advertising campaign. The trade-mark is also the subject of an application (Serial No. 756,146) to obtain a trade-mark registration for the trade-mark "I AM" for use in connection with brewed alcoholic beverages. The application was filed on May 31, 1994. Since that time, Molson Breweries has developed and promoted the "I AM" ad campaign. In conjunction with the campaign, Molson Breweries has extensively used a number of print ads. Molson Breweries owns the copyright in and to the "I AM" print ads used in the campaign.

It has come to our client's attention that one of the posters you are currently using bears the title "I AM". Your poster has been used in connection with the opening of your foodstuffs store called Sustenance. We are advised that these posters have been seen in the City of Toronto and are posted on the Internet. In particular, we note that the "I AM" script in your poster is an exact copy of the image and the font used in many of our clients' print and broadcast executions. Further, we note that the text of your ad states "I AM...lethargic, lactose intolerant, chronically constipated, asthmatic, flatulent, hypoglycemic, depressed, and I smell bad." So that there can be no misunderstanding, a copy of the offending posters

is attached hereto.

Your unauthorized reproduction of our theme line and its typeface "I AM" constitutes copyright infringement. Your use of the trade-mark "I AM" in connection with the poster which is confusingly similar to the "I AM" print ads used by Molson Breweries constitutes passing off. Your activities are an actionable violation of our client's rights.

Considering that Molson Breweries' products have a tremendous reputation and following in the minds of the Canadian public, your association of your "I AM" ad with health problems creates a very poor representation of Molson Breweries' product. In short, these representations go far beyond any conceivable parody and are disparaging of Molson Breweries' trade-mark, advertising campaign and business.

We demand therefore that within five business days of the date hereof (by June 11, 1996) you confirm to us in writing that you have ceased all use of the above-mentioned poster. Within the same period, we also expect to receive from you your confirmation that the poster as it exists on your internet web-site is removed. Within the same time period, we also require that you provide to us detailed information with respect to your current inventory of posters and any orders for the poster which have yet to be filled. We also require from you your undertaking that you will not use a similar poster which is confusing with our clients' "I AM" campaign in the future.

If you undertake to do those things listed in the preceding paragraph within the time period of this demand our client will waive its right to compensation. If the above-mentioned demands are not complied with in the period set out, we will return to our client for instructions to commence action against you. In the context of any such action, our client can seek an injunction, compensatory damages, an accounting of the profits earned by you through your acts of infringement, an assessment of the damages suffered by our client, interest and costs.

However, we trust that this matter can be resolved quickly and without the need for extensive and expensive litigation.