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gaia February 25, 2015 VIA EMAIL AND OVERNIGHT DELIVERY Jason Schwendinger Tektek Foundation 1305 Hill Drive Boscobel, Wisconsin 53805 Phone: 608-628-7380 Email: mail@jasonschwendinger.conm RE: Unauthorized use of Gaia Interactive, Inc. "Gaia") Intellectual Property Mr. Schwendinger: As you and Tektek Foundation (Tektek') are aware, Gaia owns and operates Gaia Online, which has grown into one of the largest online forum communities in the world. Gaia has invested substantial time, effort and resources in creating and promoting its website, www.gaiaonline.com (the 'Gaia Site), as well as the games, avatars and other products and services available on the Gaia Site (the Gaia Copyrighted Materials). Gaia has also invested substantial time, effort and resources in creating and promoting the Gaia Online™ mark (the-Gaia Mark). The Gaia Site, the Gaia Copyrighted Materials and the Gaia Mark are valuable assets of Gaia and are closely identified with the high quality services and products of Gaia. Gaia has become aware that Tektek, on its website tektek.org (the Tektek Site"), uses and displays the Gaia Copyrighted Materials and the Gaia Mark. Tektek's use and display of the Gaia Copyrighted Materials on the Tektek Site is an infringement of Gaia's rights under Title 17 of the United States Code. Tektek's use of the Gaia Mark is likely to create the false impression that the Tektek Site and the products and services offered on the Tektek Site were created or are controlled by Gaia and accordingly is likely to result in consumer confusion. Such misuse of the Gaia Mark constitutes a violation of Section 43(a) of the Lanham Act. Under Section 43(a) of the Lanham Act, a company may be liable for certain damages for using in commerce any name that is likely to cause confusion regarding the origin of the company's goods or services. Accordingly, Gaia requests that Tektek immediately: (1) cease current use and display and refrain from future use and display of any (2) cease current use and display and refrain from future use and display of the (3) remove from publication any materials or references to "Gaia Online in of the Gaia Copyrighted Materials Gaia Mark or any variation thereof, and promoting its goods or services.

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Page 1 of takedown notice against Tektek.org


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Uploaded Mar 11, 2015 at 06:52AM EDT

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Gaia Online

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