12 April, 2013

Sotsenko Yaroslav (Vladimirovich)
Air Wing / Production Company “MSK" / 000 Aeroslava
Highway Revolution, d.114 office 26
St. Petersburg, Russia
Email: 89219214404@mail.ru

Cease and Desist Order

I. Patent Infringement:

Neoteric Hovercraft, Inc. www.neoterichovercraft.com is the owner of United States Patent No. 3887030 protecting an exclusive hovercraft design, titled the “Hovertrek™”, which features reverse thrust buckets. The design of the “Niaterek” hovercraft exhibited on the Air Wing website at http://airwing.ru/hovercrafts-models/four-seater-hovercraft-niaterek.html and manufactured and marketed by Air Wing consists of piracy of the patented Neoteric Hovercraft design. This counterfeit design was likely achieved through illegal splash molding of the Neoteric Hovertrek™ fiberglass body and hull.

As used herein, “piracy” is defined as “the unauthorized reproduction or use of a patented invention or trademarked product.”

Permission was neither asked nor granted for Air Wing to reproduce, modify, manufacture, market or sell the patented Neoteric Hovercraft design; therefore your product constitutes infringement of the proprietor’s legal patent.

Be advised that Air Wing and any or all additional entities involved in the infringing reproduction, manufacture, marketing and/or sales of hovercraft that are equipped with reverse thrust buckets or any other design, part or feature protected by United States Patent No. 3887030, are required to confirm to Neoteric Hovercraft, Inc. in writing within ten (10) days of receipt of this Cease and Desist Order that:

1) You have ceased the reproduction, manufacture, marketing and sales of all Air Wing hovercraft pirated from the Neoteric Hovertrek™ design.

2) You agree to refrain from splash molding, reproducing, manufacturing, marketing or selling at any time in the future any hovercraft with reverse thrust buckets or any other part or feature that constitutes infringement upon the protective patents owned exclusively by Neoteric Hovercraft, Inc.

3) You have commenced a recall from the worldwide market all hovercraft previously sold that were pirated from the Neoteric Hovertrek™ design and constitute infringement upon the protective patents owned exclusively by Neoteric Hovercraft, Inc.

4) You shall submit to Neoteric Hovercraft, Inc. a detailed list of the number of all products manufactured and sold by Air Wing and any of its subsidiaries that infringe upon the protective patents owned exclusively by Neoteric Hovercraft, Inc.

II. Trademark Infringement:

Neoteric Hovercraft, Inc. is the legal owner of the trademarked business name, “Neoteric”, registered in Australia in 1973, as well as the trademarked product name “Hovertrek”.  Permission was neither asked nor granted for Air Wing to utilize any version of the Neoteric trademarks, therefore the use of “Niaterek”, “Neaterek”, “Neoteric”  and “Hovertrek” on airwing.ru and on YouTube constitutes infringement of the proprietor’s legal trademark.
Be advised that Air Wing is required to submit proof in writing to Neoteric Hovercraft, Inc. within ten (10) days of receipt of this Cease and Desist Order that:

1. You have ceased the use of the name “Niaterek”, “Neaterek”, “Neoteric”, “Hovertrek” and any version of the Neoteric trademark in any and all instances in which it has been used, including on your hovercraft, your website, on YouTube and in any and all Air Wing marketing and advertising materials, online or in print.

2) You agree to refrain from utilizing the name “Niaterek”, “Neaterek”, “Neoteric”, “Hovertrek” or any modified version of the Neoteric trademarks at any time in the future.

III. Copyright Infringement:

Neoteric Hovercraft, Inc. is the proprietor of the copyrighted websites www.hovercrafttraining.com and www.neoterichovercraft.com. All rights are reserved to all material on these websites, which were published prior to the dates below, as verified by the Internet Archive www.archive.org.

            www.neoterichovercraft.com was first archived on 8 October, 1999.
            www.hovercraftraining.com was first archived on 6 December 2003.

The Air Wing website pages featuring the “Niaterek” model, verified by the Internet Archives as first published in 2012, include content that is owned and copyrighted by Neoteric Hovercraft, Inc. 

Permission was neither asked nor granted to reproduce the Neoteric website material, therefore the Air Wing website constitutes copyright infringement and is in violation of the Digital Millennium Copyright Act of 1998 [“DMCA”].

You are required to confirm to us in writing within ten (10) days of receipt of this Cease and Desist Order that:

1) You have permanently removed from airwing.ru as well as from Air Wing’s YouTube channel, any and all subsidiary or associated websites, and from all online and print advertising materials, all photographs, videos, text, graphics and any additional material that was plagiarized from  www.neoterichovercraft.com and www.hovercrafttraining.com.

2) You agree to refrain from publishing on airwing.ru as well as on YouTube, on any and all subsidiary or associated websites and in any marketing or advertising materials at any time in the future any material that constitutes infringement upon the intellectual property rights owned exclusively by Neoteric Hovercraft, Inc.

IV. Conclusion:

If Neoteric Hovercraft, Inc. is not in receipt of Air Wing’s full compliance with these demands by
22 April, 2013, we will institute national and international legal actions against Air Wing and all individuals and entities which aid or abet Air Wing in the acts of piracy and intellectual property infringements detailed in this Cease and Desist Order.

In addition, Neoteric Hovercraft, Inc. will report the acts of piracy and intellectual property infringements committed by Air Wing to The World Hovercraft Organization to publish in its Hovercraft Rip-Off Report, a notice of industrial/economic espionage and counterfeit hovercraft in the worldwide industry.

Finally, if Neoteric Hovercraft, Inc. is not in receipt of Air Wing’s compliance with this Cease and Desist Order within 10 days of receipt, we will file DMCA Complaints against airwing.ru with Google, Bing, Yahoo, yandex.ru, rambler.ru, mail.ru, qip.ru and all the major national and international search engines. It is the policy of the search engines to ban from search results any websites that violate the Digital Millennium Copyright Act by plagiarizing material from another website.

The foregoing is without waiver of any and all rights of Neoteric Hovercraft, Inc., all of which are expressly reserved herein.

Very truly yours,
Chris Fitzgerald

President and Founder
Neoteric Hovercraft, Inc.
1649 Tippecanoe Street
Terre Haute, Indiana USA 47807-2394
Email: hovermail@neoterichovercraft.com