May 3rd, 2002



well I am testing This new live journal Client for my Ipaq and I hope I Can read this post later.
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Happy Birthday From TELUS!

TELUS Corporation
Floor 32S 10020 - 100 Street


May 3, 2002

NRG Online
#110 - 175 Vaughan Road
Toronto Ontario
M6C 2M4

Attention: Kevin Costelloe

Dear Sir;

Re: <>
Trade-mark Infringement

The domain <> has been brought to
our attention, given that it is identical or confusingly similar to TELUS'
own domain name and registered trade-mark. We understand that you are the
Administrative Contact of the Registrant NRG Online.

TELUS has invested considerable time and money into the promotion and
marketing of the TELUS brand, and it is a valuable corporate asset.
Therefore, we vigorously pursue misappropriations, and unauthorized or
improper uses of same. In addition to the improper registration of the
domain name, <>, we consider your
use of the term "TELUS" in the domain name to be an infringement of TELUS'
trade-mark rights and consequently your continued use is causing, or is
likely to cause, confusion in the marketplace. Such confusion will
negatively impact TELUS' business interests and accordingly, will not be

Further, as you are no doubt aware, TELUS is Canada's second largest
communications service provider, having its head office in British Columbia.
Your physical offices are located in Toronto, Ontario, where TELUS has a
major presence. We note that you registered the domain name on April 3,
2002, making it extremely unlikely that you were unaware of TELUS'
operations at the time of the registration of the domain name, especially
given that the website located at
<> is a clear duplication of our
<> website and your website, in fact, references the
same at the bottom of the page. The similarities between your website and
our <> website makes it clear that you
have duplicated the design; layout and organization; color scheme; and
visual elements of the TELUS website, which constitutes a breach of TELUS'
copyrights. Further, your website includes an unauthorized duplication of
our registered trade-mark. Unauthorized use of a registered trade-mark is
prohibited by law, and we insist that you immediately remove, from public
view, all reproductions of our trade-mark.

It appears to us that the website located at
<> is not intended as a viable commercial site and,
therefore there are no legitimate rights to the domain name itself. As
such, we maintain that your actions in relation to that website demonstrate
bad faith.

TELUS is currently assessing the damages that it has suffered due to your
improper registration of the domain name and your infringement of TELUS'
trade-mark. Your continued use of the domain name will only add to the
damages we incur. Nevertheless, in an effort to amicably settle this
dispute, if you:

a) immediately transfer to us, without any payment requirement
whatsoever, the offending domain name, and all other domain names you may
have secured incorporating the TELUS trade-mark or name to TELUS; and
b) provide TELUS with your written confirmation that you will not
now, or at any time in the future, register any domain name that include a
trade-mark owned by TELUS, on or before May 8, 2002,

TELUS is prepared accept such actions as satisfactory resolution of the
dispute and will not seek further remedies against you.

Please be advised, however, that unless you immediately stop the offending
action, and agree to provide us with the foregoing, we will take all
measures available to us to resolve this matter and prevent further negative
impacts on TELUS' business interests. Should we be required to take legal
action to resolve this matter, we will be seeking costs against you.

Please govern yourself accordingly.

Karen Kennedy
Intellectual Property Manager
TELUS Legal Services
Phone (780) 493-3089
Fax (780) 493-3083

Delivered via courier to physical address listed above and by e-mail to
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