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February 25, 2015 Mr. Jason Schwendinger Page 2 of 2 Please note that Gaia's objective is to protect its intellectual property. To that end, while Gaia is prepared to take the necessary actions to do so, Gaia would prefer to resolve this matter promptly and amicably Accordingly, Gaia asks that by March 25, 2015 you please provide us with a written response (a) indicating Tektek's intention to comply with Gaia's requests above on or before March 31, 2015 and (b) confirming that Tektek will take no further actions that infringe Gaia's rights Please note that Gaia's proposal in this letter is for settlement purposes only and is without prejudice to any of Gaia's rights. Gaia expressly reserves all rights and remedies under all applicable laws. Thank you for your attention to this matter. Sincerely Veronica Waite General Manager, Gaia Online Gaia Interactive, Inc.

Page 2 of takedown notice against Tektek.org


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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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Uploaded Mar 11, 2015 at 08:14AM EDT

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