Re: Unlawful Use of BudGenius.com Intellectual Property
Dear Mr. Montgomery:
Please be advised that this office represents Aaron Stanz regarding the above referenced matter. You are unlawfully marketing services under the BudGenius name while passing off that
brand name as yow own. Customers are thus assuming they are getting the services of BudGenius.som, including the website placement, its quality, and several add-on services, when
these customers are actually getting something very different (and, very substandard). You are thus not only appropriating the BudGenius name, but your are severely damaging the BudGenius
brand name. You also created a company, called BudGenius, Inc., which company you incorporated after Mr. Stanz created BudGenius.com and developed its brand name, software,
products and services.
As the sole owner of the BudGenius.com intellectual property as well as its web placement, Mr. Stanz has not authorized or consented to your use of its work, services or brand
,rurn.. Mr. Stanz acquired the exclusive use of the BudGenius website, its brand name' and its services, and in lighi of your activities and the activities of your associates Wilson Igna and
Vince paul, you are making commercial use of Mr. Stanz's intellectual property in violation of federal and state law.
please be further advised that should any customers to whom you sell any servicesiproducts become injured as a result there use, we will ensure that any and all liability lies exclusively with you and anyone associated with you. on behalf of our clients, we demand that you do the following:
(1) cease and desist the use of Mr. Stanz's works by surrendering to me all written
materiaG (*tt"tt
"t
electronically or in hard copy) in your possession or in the possession of any
ofyour agents, associates, salespeople, etc.
(2) immediately cease and desist the marketing of any and all services and/or
products using the BudGenius name.
(3) provide a written description of how, where and when you obtained any and all
information regarding BudGenius;
THr Vtcenv Lew FIRM, P.A.
5963 BISCAYNE BOULEVARD . MIAMI, FLORIDA 33137
Phone: (756') 577-5057 ' Facsimile: (305) 397-1741 ' paul@vicarylaw.com
(4) provide the names, addresses and telephone numbers of the individualslcompanies
to whom you have been marketing services and/or products using the BudGenius name;
(5) agree to pay Mr. Stanz a reasonable licensing fee for your past use of the
BudGenius brand name, together with attorney's fees and other costs that Mr. Stanz has
sustained in connection with this matter.
(6) Immediately dissolve the company called BudGenius, Inc., and provide proof of
the company's dissolution.
(7) Immediately agree in writing that neither you, nor any other person or entity
acting on behalf of or in connection with you will directly or indirectly engage in further
*uuiho.i"ed use of Mr. Stanz's intellectual property; nor will you engage in funher marketing
and sales of services and products using the BudGenius name;
(S) Immediately provide your cooperation to identifu any and all parties that have any unauthorized items that contain the BudGenius name.
Please confirm your affirmative response within five (5) days of receiving this letter indicating that you have fully complied with these requirements. If I do not hear from you within that time, I have been authorized to take measures to work with local counsel in California to protect Mr. Stanz's interests.
We thank you for your immediate attention to this matter.
c.c.: Wilson Igna
Vince Paul
Very truly yours,
Pairl S. Vicary, Esq.
