Webvan recently learned of your web site located at www.artvansf.com. We are extremely concerned by several things appearing on your site. First, the logo used on your web site is nearly identical to Webvan's logo. In fact, it appears as though you have simply copied Webvan's logo and made only a few minor changes to it. The only differnces are that you have changed the grocery bag in the Webvan logo to a painting, and changed the Webvan name to "artvansf" (a name which is very similar to that of Webvan). Copies of the logos as they appear on the Webvan home page and your home page are enclosed for your reference.
Second, the home page of your web site contains a phoographic image of the distinctive Webvan vehicle used by Webvan to deliver goods. As you know, Webvan has used this image extensively in print advertising, including newspapers, magazines, billboards and on the Internet. The photgraph on your web site has been slightly altered (the Webvan logo has been replaced with the ArtVanSF logo), but it is unmistakably Webvan's distinctive vehicle. Moreover, the image on your web site appears to have been copied directly from Webvan copyrighted advertising materials. A few samples of Webvan's copyrighted advertisements picturing the Webvan vehicle are enclosed for your reference.
As you should know, the Webvan name, Webvan logo and images of the Webvan vehicle are protected by federal and state trademark laws, as well as United States copyright law. The unauthorizd copying and use of Webvan's logo and images of the Webvan vehicle constitute infringement (apparently willful infrilngement given the closeness of the copies). As you may be aware, in infringement claims, the owner is entitled to injunctive relief as well as attourney's fees and the recovery of monetary damages.
Webvan, of course, would like to resolve this matter amicably. Toward theat end, we request that you immediately cease and desist use of the logo currently on your web site, as well as any other similar logo, and remove all images of the Webvan vehicle. Your prompt attention and response to this matter will avoid the need for further action.Silncerely,