Hi,

I received a Cease and Desist letter today from the lawyer of PAC-MAN. Do you think they are just trying to scare me, or do they have grounds to say this is copyright infringement?
Thanks.

Thanks. Here is what they wrote verbatim:

Trademark Infringement and Dilution of PAC-MAN®

Dear Mr. Smith:
We are writing on behalf of our client, NAMCO BANDAI Games Inc. (“NBGI”), a global leader in the
development and production of electronic entertainment-based media.
NBGI is the owner of the world famous mark PAC-MAN® and numerous composites thereof in
connection with a wide range of products and services. Since 1980, our client has used the PAC-MAN®
mark in virtually every major channel of trade and multi-media avenue, so much so that the mark has
become not only famous under law, but has achieved iconic status in U.S. and global culture. Indeed,
NBGI has spent tremendous sums of money and resources branding and marketing its goods and
services under the PAC-MAN® mark in order to attain such fame and reputation, and is thus among our
client’s most important assets.
Our client recently discovered that you have filed the following application with the U.S. Trademark
Office, against which we have filed a formal Letter of Protest with the Office of the Director:
Mark PACK-MEN
Goods and
Services
Class 35: Moving and relocation services, namely, planning and implementing moves of homes
and offices
Filing Basis Intent-to-Use
Serial Number 85/657,347
Filing Date June 20, 2012
Mr. Loren Edwin Smith
July 31, 2012
Page 2
We also discovered that you have registered the name Pack-Men Relocation Services, LLC with the
Secretary of State of North Carolina, and are in fact conducting business under the ‘Pack-Men
Relocation” name.
We will be clear, Mr. Smith. Any use of or claim of rights to the PAC-MAN® mark or variant thereof,
such as “Pack-Men,” for any product, services or activity constitutes actionable infringement in
violation of federal trademark law, state statutory laws and common law unfair competition laws.
Moreover, given the fame of the PAC-MAN® mark, such actions also give rise to claims of trademark
dilution under federal and state anti-dilution laws. Given that you had to be aware of NBGI’s rights,
your actions can only be characterized as willful and intentional, thus heightening our client’s rightful
claims to damages should it decide to pursue this matter in a court of law.
On behalf of our client, we demand that you immediately cease and desist from all uses or intended uses
of the “Pack-Men” mark and name and/or any composite thereof. To this end, and without limitation,
you must permanently remove it from any and all advertising and promotional materials in all forms of
media, including print and electronic media, blogs, letterhead, business cards, physical signage, and any
other place or thing in which the mark may appear. This also includes any uses in social media sites or
as part of any hashtags or URLs. In addition, our client demands that you immediately expressly
withdraw your U.S. Trademark Application No. 85/657,347 and surrender or otherwise cancel your
corporate registration with the office of the Secretary of State of North Carolina.
NBGI is very serious about protecting its rights and preventing further harmful and unlawful activities.
Accordingly, on its behalf, we demand that we receive confirmation that you have ceased all use or
intended use of the “Pack-Men” mark and name or composites and variants thereof, or that appropriate
steps toward that end have been taken, together with your promise to refrain from such infringing
actions in the future, within fourteen (14) days of the date of this correspondence. If we do not hear
back from you within this time frame, we will assume that you are not going to comply NBGI’s
demands and our client will explore all its legal remedies.
Nothing in this letter should be construed as a waiver of any rights, claims, or remedies of NAMCO
BANDAI Games Inc., all of which are expressly reserved.

Thanks!