Pantone Color Chart
As you may be aware, Pantone, Inc. ("Pantone") is renowned in the field of color presentations, communication, specification, and reproduction (the "Services"), and in industries that utilize the Services, including the graphic arts, electronics and printing industries. Pantone has adopted and developed trademarks and service marks that have acquired substantial recognition and goodwill for designating the high quality Services of Pantone, including the marks PANTONE®, PANTONE MATCHING SYSTEM®, owned by Pantone (the "Pantone Marks"). In addition to the Pantone Marks, Pantone is the owner of all copyright and trademark rights subsisting in the PANTONE MATCHING SYSTEM, including the PANTONE color names and numbers from the PANTONE MATCHING SYSTEM (the "Pantone Property").
It has recently come to our attention that you are using the Pantone Marks and other Pantone Property in its on its Internet Web site located at www.degraeve. (the "Web Site") without the permission of Pantone (the "Infringing Usages"). The Infringing Usages suggest that Pantone has endorsed, sponsored, or otherwise approved your use of the Pantone Marks and other Pantone Property within its on its Internet Web site located at www.degraeve.com notwithstanding that Pantone has not granted any such approval.
The Infringing Usages constitute, in our view, a violation of Pantone's proprietary rights, and threaten to harm the reputation of Pantone, as consumers will attribute the Infringing Usages to Pantone. We accordingly believe that the Infringing Usages constitute both a trademark infringement, which is prohibited under the Lanham Act (the federal trademark statute), as well as under state trademark and unfair competition law, and copyright infringement, which is prohibited under the federal Copyright Act.
Pantone permits certain third parties to use the Pantone Marks and related Pantone Property pursuant to written license agreements. As no valid licensing arrangement exists, we must insist that you cease the Infringing Usages. Accordingly, we hereby demand that you immediately cease use of the Pantone Marks and other Pantone Property on, and in connection with the on its Internet Web site located at www.degraeve.com and any other unauthorized products or services offered. We are confident that you will appreciate that Pantone cannot risk the considerable goodwill and value that it has developed in its trademarks, copyrights, and related proprietary rights.
PANTONE®
