April 6, 2015
It has come to our attention that some have registered, and are using, an Internet domain name which incorporates the designation “One Man Steely Dan,” or a designation confusingly similar thereto, in connection with musical performances in the Phoenix metropolitan area.
Dr. Martin E. Bexler has presented musical performances under the designation “One Man Steely Dan” continuously since at least March 1, 2012, and has thereby acquired common-law rights in that designation, and in any confusingly similar designation, through continuous and substantially exclusive use in the State of Arizona.
The use of a confusingly similar designation by some is likely to cause confusion among members of the public as to the source, sponsorship or affiliation of the performances in question. Such confusion has, in fact, occurred.
3. Accordingly, we must request that you cease all use of the confusingly similar designation and either transfer the domain name to our client or permit its registration to lapse, within thirty (30) days of the date of this letter.
Nothing in this statement shall be construed as a waiver of any rights or remedies, all of which are expressly reserved.
For clarity, the program has no affiliation with any similarly named performer.
cc: Gerald T. Voss, Esq.