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[MD1] Creative’s Side on Goo

From: “Rick Myllenbeck” (RickM@creaf.com)
Subject: Re: Creative Labs Forces Goo to Close

As you know, there has been a great deal of discussion in the last couple
of days claiming that Creative Labs forced Goo Software out of business by
filing a trademark action against it.

This is untrue.

Creative has filed no lawsuit against Goo. Creative has taken no steps that
could conceivably have forced Goo out of business. Goo’s claims to the
contrary on its Website are false.

All Creative has done to date with respect to Goo is to send correspondence
to Goo’s management objecting to Goo’s use of the terms “Spam Blaster” and
“Cache Blaster.” Such correspondence is routine and in good faith. Creative
owns a family of trademarks (thirty two registered in the U.S. alone)
containing the word “Blaster.” Our concern is that Goo is using the
goodwill associated with our family of marks. In addition we are concerned
that Goo is creating potential consumer confusion and, independently,
diluting the strength of our family of marks.

On two occasions last month Creative sought to begin a dialogue with Goo to
amicably resolve these issues. In response, Goo refused even to discuss the
matter, stating (literally) “go ahead and sue us.” Goo further asserted
that such litigation would do it no harm as it claimed to have only $500 in
its bank account.

It is unfortunate that Goo has taken our legitimate expression of concern
on this routine trademark issue and used that concern as a pretext for what
apppears to be Goo’s independent, unrelated decision to go out of business.
In any event, we hope the above addresses any concerns that may have been
raised about this matter.

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