December
14, 2001
Dear Dr. Bly,
Recently I was doing a web search about Kelsey-Seybold Clinic and ran across a web site called Kelsey-Seybold Clinic-Torres Clinic. Since both the name and logo for Kelsey-Seybold Clinic belong to this organization, we are requesting that you remove the Kelsey-Seybold-Torres Clinic from the internet.
By copy of this e-mail I am also notifying our corporate compliance officer about the existence of this unauthorized use of Kelsey-Seybold Clinic's name and logo.
In advance, thank you for your cooperation.
Ann Schneider
Director, Training and Communications
Kelsey-Seybold Clinic
Ms. Schneider:
Please be aware that this "web site" you refer to is simply one page of a satirical presentation I created for our Pediatric Resident graduation program almost 2 years ago. The main site that links to the page in question is located at:
http://www.bly.cc/roast/2000/index.html
Then please refer to the following text of the Copyright Act of 1976 as it applies to satire and parody:
http://www.loc.gov/copyright/title17/circ92.html#107
If, after this review, you and your company compliance officer still feel that this site is in violation or somehow would seriously harm the reputation of Kelsey Seybold, I will remove the "offending" page and replace it with a copy of your message as an explanation to future visitors.
Thank you,
Keith P. Bly, M.D.
Galveston, TX
Nic,
Let's talk about this. I don't think that this web page should be using the name of KSC even if it is satirical. What do you think?
Ann
Ann Schneider
Training and Communications
8900 Lakes at 610 Drive
Houston, Texas 77054
(713) 442-0470 phone (713) 442-0450 fax
From: Ro, Nicholas H
Sent: Monday, December 17, 2001 8:25 AM
To: Schneider, Ann W.
Subject: RE: Kelsey-Seybold-Torres Clinic
Ann, I agree with you. Whether or not the web page is illegal is not necessarily the issue. What we have is a person utilizing the Kelsey-Seybold name and trade mark, and we prefer that it not be used in this manner. If someone made a satirical reference to you, me, Dr. Bly or Dr. Torres and then posted it in an extremely public forum, it would certainly be considered reasonable and appropriate to request that it be removed. We do not mean to offend anyone in making this request, and would very much appreciate its removal.
Dear Dr. Bly,
Below is the response that I received from our chief compliance officer. We would very much appreciate it if you would remove the web page "Kelsey-Seybold -- Torres Clinic." Thank you for your cooperation.
Ann
Ann Schneider
Training and Communications
8900 Lakes at 610 Drive
Houston, Texas 77054
(713) 442-0470 phone (713) 442-0450 fax
Sure hope these guys don't tell CBS about my "Survivor" roast the following year...