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Dear Mr Pickett
Offensive Website
We act for the Commonwealth of Australia, represented by Centrelink. We have been instructed by our client to write to you concerning a webpage for which we understand you are responsible.
The website in question is located at the website HYPERLINK "http://homepage.mac.com/jasonpickett/centreflunk1.html" http://homepage.mac.com/jasonpickett/centreflunk1.html. The webpage on that website, as at 4 May 2005 and, we understand, at other times, displayed the Centrelink protected name and protected symbol (as those terms are defined in the Commonwealth Services Delivery Agency Regulations).
As you are well aware, this website is not the official website of Centrelink. The website infringes the intellectual property of the Commonwealth, it breaches copyright and the use of the "centrelink" name and logo was unauthorised and breaches the Commonwealth Services Delivery Agency Act 1997. The content of the webpage was false and offensive and may infringe other rights of the Commonwealth or breach other legislation
We have contacted markmonitor.com, the organisation based in the US which our investigations revealed hosted the website, and brought the matter to their attention.
Whilst you may wish to exercise your right to express your opinion, the Commonwealth does not accept that you may do so in the manner illustrated by the offensive webpage. Accordingly, Centrelink requires that you take immediate steps to remove the webpage from public access and that you do not again publish the webpage, or any webpage that:
is substantially similar to the offending webpage;
uses the Centrelink name or logo;
breaches Centrelink's trademark rights or copyright; or
could in any way be interpreted as an official or authorised Centrelink website.
Centrelink takes this matter very seriously and is considering its position in relation to any action that it might take in relation to the publication on the internet of the offending website. Centrelink, on behalf of the Commonwealth of Australia, reserves exercising or pursuing any or all of its rights.
Please contact the writer by return email or telephone on the numbers provided below should you have any questions about this letter.
Yours faithfully
Michael Will
Partner
(02) 6263 6349
michael.will@sparke.com.au
