HELNWEIN and SCIENTOLOGY

Dear Sir :

     Our office represents Religious Technology Center ("RTC"), the L. Ron Hubbard Library, Church of Scientology International ("CSI") and Church of Scientology Flag Service Organization ("Flag"), non-profit religious corporations, with respect to intellectual property matters.  

     RTC is the owner of the confidential Advanced Technology of the Scientology religion and the holder of exclusive rights under the copyrights applicable to the Advanced Technology materials.  The Advanced Technology materials are unpublished, copyrighted works.  RTC's works include, among others, the individual works comprising levels known as "OT III" and "Class VIII Assists".  These works are registered with the United States Copyright Office under registration numbers: TXu 290 496 and TXu 593 514.

     The L. Ron Hubbard Library and Flag are also the owners of the copyrights of a number of photographs appearing in its various publications.

     RTC is also the owner of the federally registered  trademark and service marks of the Scientology religion which includes the "Scientology Cross," "Configuration of the E- meter", the signature of Mr. L. Ron Hubbard, the founder of the Scientology religion, and the "Sea Org Symbol."  These marks are registered with the United States Patent and Trademark Office under registration numbers 1,302,525; 1,012,452; 1,325,117; 2,056,778; 1,821,751, 1,334,758; 1,326,867, 0877, 948, 1,317,343.  RTC also owns the common law trademark rights to the "SeaHorse Symbol" consisting of a detailed artistic rendition of a seahorse.  CSI is the licensee of these trademarks.   

     CSI and its sub-licensees use these trade and service marks in connection with providing religious and humanitarian services and counseling, seminars, books, classes, and lectures, among others.  These marks are also used extensively on the Internet.  For example, many of these products, including a great number of books of the Scientology religion and services are promoted through various web sites, including "scientology.org", "dianetics.org", etc. 

I. Unauthorized Use of Copyrighted Materials.

     We have been advised that you have placed RTC's, the L. Ron Hubbard Library's, and Flag's copyrighted works on your website without their authorization.  These works can be found under the following URLs :

     http://www.anti-scientologie.ch/nouveau_fichier190.htm
     http://www.anti-scientologie.ch/secret-course.htm
     http://www.anti-scientologie.ch/images/croyance-ot3.jpg
     http://www.anti-scientologie.ch/images/xenu.htm
     http://www.anti-scientologie.ch/images/croyance-lrh.jpg
     http://www.anti-scientologie.ch/nouveau_fichier110.htm
     http://www.anti-scientologie.ch/images/ot3.gif
     http://www.anti-scientologie.ch/nouveau_fichier191.htm
     http://www.anti-scientologie.ch/secret-course.htm#OT%20III
     http://www.anti-scientologie.ch/margery-wakefield.htm#murduf    
     http://www.anti-scientologie.ch/images/puissance.jpg
     http://www.anti-scientologie.ch/images/clearwater.jpg
     http://www.anti-scientologie.ch/images/portrait.jpg
     http://www.anti-scientologie.ch/images/ron.jpg
     http://www.anti-scientologie.ch/images/ronadept.gif

     Your action in this regard violates United States and Swiss copyright law.  As you may know, copyright subsists in Switzerland in our client's materials by virtue of the Berne convention.  Accordingly, we request that you remove these infringements immediately.
 
     Our clients have obtained numerous permanent injunctions concerning Internet infringements of these and similar works.  In RTC v. Lerma, Case No. 95-1107-A, the court ruled in favor of RTC, permanently enjoining the defendant infringer from posting on the Internet, the same OT III work that is one of the subjects of this letter.  A jury in the United States District Court in San Jose, California assessed damages in the amount of $75,000 against a Mr. Henson for copyright infringement, for posting another of RTC's Advanced Technology works on the Internet.  Mr. Henson was also permanently enjoined by the court against further infringements. Three other United States courts have issued permanent injunctions against Internet infringements of these and related works.

     A Swedish court enjoined a defendant who infringed the OT III work (among others), in addition to finding that his actions in placing our client's copyrighted works on the Internet violated the owner's rights under Swedish copyright law. He was also fined for his illegal actions and ordered to pay $161,000 in litigation costs. Thereafter, this same infringer was separately found guilty of criminal violations of the copyright act with respect to RTC's materials. 

II. Unauthorized Use of Trademarks.

     You have also placed the above specified trademarks on your website and have done so without the authorization of our client, RTC.  These infringements can be found under the following URLs :

     http://www.anti-scientologie.ch/images/contrat-sea-org.jpg
     http://www.anti-scientologie.ch/images/e-meter.jpg
     http://www.anti-scientologie.ch/images/trs1.jpg
     http://www.anti-scientologie.ch/images/croixsci.gif

     The use of our client's trademarks in this manner violates Swiss trademark law. Trademark rights subsists in Switzerland in our client's trademarks by virtue of the Paris Convention (to which Switzerland and United States are signatories) which provides that United States citizens shall be given the same treatment in Switzerland with regard to trademark protection as that available to Swiss citizens.

     Accordingly, we request that you remove these copyrighted materials and trademarks immediately.
    
     I appreciate your prompt attention to this matter.

Sincerely,
Ava Paquette
Moxon & Kobrin
3055 Wilshire Boulevard
Suite 900
Los Angeles, California 90010
Tel: (213) 487-4468
Fax: (213) 487-5385

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