HOWARD ROSEN PROMOTION / BERGER KAHN FAX 10-23-2007:

4551 GLENCOE AVENUE SUITE 300 MARINA DEL REY, CA 90292-7925 MAILING ADDRESS: P.O. BOX 92621 LOS ANGELES, CA 90009-9998 TELEPHONE: (310) 821-9000 TELECOPIER: (310) 775-8775

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October 23, 2007 VIA EMAIL, FAX (480) 624-2599 FOLLOWED BY U.S. MAIL Legal Department Domains By Proxy, Inc. 15111 N. Hayden Rd. Suite #219 Scottsdale, AZ 85260

Los Angeles 4551 Glencoe Avenue Suite 300 Marina del Rey, CA 90292-7925 P.O. Box 92621 Los Angeles, CA 90009-9998 Phone: (310) 821-9000 Fax: (310) 775-8775    Orange County Phone: (949) 474-1880 Fax: (949) 474-7265    San Diego Phone: (858) 547-0075 Fax: (858) 547-0175    San Francisco Bay Area Phone: (415) 899-1770 Fax: (415) 899-1769

Re: Libel, Cybersquatting and Trademark Infringement by
    www.howardrosenbeware.com
    Our File No.: 53977

Dear Sir or Madam:

    We represent Howard Rosen and Howard Rosen Promotion, Inc. This letter is regarding the cybersquatting, trademark infringement and libel by howardrosenbeware.com that has damaged, and continues to damage, our client. By hiding the identity of the owner of this site through your proxy registration service, Domains By Proxy, Inc. and GoDaddy.com continue to aid and abet the tortfeasor(s) who are causing our client substantial damages.

    The website at issue is www.howardrosenbeware.com. The whois registry through Network solutions shows that the IP address involved is 74.220.207.147.

    "Howard Rosen" and "Howard Rosen Promotion" are service marks in which all right, title and interest belong to our client. These marks have been used in commerce by our client for years. These marks have long had secondary meaning in the minds of the public as a source of the services of the mark's owner.

Legal Department
Domains By Proxy, Inc.
October 23, 2007
Page 2

    It is clear that howardrosenbeware.com's use of the Domain Name is intended to (and actually does) confuse and misdirect customers seeking Howard Rosen's website to howardrosenbeware.com. This activity is actionable under federal law. Howardrosenbeware's activities are unlawful and constitute intentional trademark infringement, trademark dilution, and false designation or origin. The Lanham Act provides numerous remedies for trademark infringement and dilution, including, but not limited to preliminary and permanent injunctive relief, money damages, a defendant's profits, provision for the destruction of confiscation of infringing products, and where, as here, intentional infringement is shown. Attorneys' fees add possible treble money damages.

    Moreover, howardrosenbeware.com egregiously violates 15 U.S.C. § 1125 (d), the Anticybersquatting Consumer Protection Act, Which provides for substantial civil damages.

    The domain name of this site, howardrosenbeware.com, is clearly in violation of the ICAAN Uniform Domain Name Dispute Resolution Policy. The domain is confusingly similar to the service mark that is owned solely by our client. The owner of howardrosenbeware.com has no legitimate interests in respect to the domain name. There can be no question that howardrosenbeware.com has been registered in bad faith. The admitted sole purpose of the website is to cause our client financial damages and tarnish our client's name. The following quote is found on the home page of "howardrosenbeware.com."

The purpose of this website is to help bands, artists, managers, and recording labels who have fallen into the trap of working with Howard Rosen Promotion, Inc. and to warn bands, artists, managers, and recording labels who are considering working through Howard Rosen Promotion, Inc. to not use their services based solely on the evidence and personal experiences of bands, artists, managers, and recording labels who have worked with Howard Rosen Promotion, Inc in the past.

    See http://www.howardrosenbeware.com/index.html, last visited October 22, 2007 (Emphasis added).

Legal Department
Domains By Proxy, Inc.
October 23, 2007
Page 3

    Moreover, howardrosenbeware.com contains numerous false defamatory statements that are asserted to be facts about Howard Rosen and Howard Rosen Promotion, Inc. Since these statements are false, maliciously made, published in writing, expose our client to ridicule and have caused him damages, those statements are clearly defamatory. Moreover, the many false statements that impugn our client's fitness to conduct business are defamatory per se.

    We are hereby formally advising you that you must immediately provide to our offices the true identity and contact information for the owner(s) of the domain howardrosenbeware.com and that you immediately populate the whois database with the identities and contact information of the true owner(s) of the website. We furthermore demand that you immediately turn over the domain howardrosenbeware.com to our client, Howard Rosen.

    Our client will strongly consider every available remedy including injunctions and recovery of attorney's fees, costs and all other damages which are incurred by our client as a result of any action that is commenced against you. Please advise us in writing of your intent to fully comply with the requests herein within three (3) days from the date of this letter.

    Nothing contained or omitted from this letter is, or shall be deemed to be, either a full statement of the facts or applicable law, and admission of any fact, or a waiver or limitation of any of our client's rights or remedies, all of which are specifically retained and reserved.

Sincerely,

OWEN J. SLOANE
Partner

OJS:RMS:gi
cc:  Howard Rosen (by email)

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