Consent agreement notice to all owners and operators of domain names which are confusingly similar with the following trademarks owned by toei animation co., ltd. ("owner") of 3-2-17 ginza, chuo-ku, tokyo 104, japan and licensed by funimation productions, ltd. ("funimation") of 6851 n.e. loop 820, #247, fort worth, tx 76180:
Dragon ball®, dragon ball z®, yamcha®, goku®, krillin®, trunks®, frieza®, vegeta®, gohan® and dragonball gt tm , super saiyan tm , ginyu tm , dbz tm , cell tm , piccolo tm , goten tm , gogeta tm , vegito tm , majin boo tm , mr. Boo tm , great saiyaman tm , android 16 tm , android 17 tm , android 18 tm , and android 19 tm.
Be advised that your domain name may be confusingly similar to trademarks owned by toei animation, ltd. And licensed by funimation productions, ltd. And you may be infringing upon the trademarks of toei. Be further advised that if you have posted graphic images (audiovisual, still, moving) from the dragon ball, dragon ball z or dragon ball gt animated television and home video series that you may be infringing the copyrights of toei. Therefore, you are requested to cease and desist from your infringing activities. This will include changing the domain name of your internet site to a name which is not confusingly similar to toei's trademarks. Consent agreement: funimation is prepared to offer you a consent agreement by which it will consent to your continued use of your site name, subject to certain limitations and obligations. Please study the entire text of the consent agreement and return a signed copy of it to internet consent manager, Funimation productions, ltd., 6851 n.e. loop 820, #247, fort worth, tx 76180.
This consent agreement ("agreement") is entered into between domain name holder, as set forth on the following form, and funimation productions ltd. ("funimation") of 6851 n.e. loop 820, #247, fort worth, tx 76180, the exclusive licensee, generally within english speaking north america, australia and new zealand, of the english language version of:
(a) the following trademarks (the "marks"): dragon ball®, dragon ball z®, yamcha®, goku®, krillin®, trunks®, frieza®, vegeta®, gohan® and dragonball gt tm , super saiyan tm , ginyu tm , dbz tm , cell tm , piccolo tm , goten tm , gogeta tm , vegito tm , majin boo tm , mr. Boo tm , great saiyaman tm , android 16 tm , android 17 tm , android 18 tm , and android 19 tm ; and
(b) the exclusive copyrights (the "copyrights") in those animated english language television and home video series (and each program thereof) entitled "dragon ball", "dragon ball z" and "dragon ball gt", including the music and soundtracks thereof (the "programs").
Toei animation co., ltd. ("toei") of 3-2-17 ginza , chuo-ku, tokyo 104, japan , is the owner of the marks, the copyrights and the programs.
Funimation is the operator and owner of internet sites presently registered under the following domain names of dragonballz.com, funimation.net, funimation.com, zstore.com and dbzstore.com, which, together with any other domain names registered or to be registered by funimation or owner based upon the marks, or upon marks to be registered in connection with the stories and characters of the programs, shall be referred to as the "funimation sites."
Domain name holder is the owner and operator of internet sites originating in english speaking north america , australia and/or new zealand under the domain names listed on the following registration form (the "site").
The parties agree as follows:
1. Consent. Funimation hereby consents to domain name holder utilizing a domain name which is confusingly similar to funimation's sites which are based on funimation's and owner's marks. Funimation also consents to domain name holder's use of images from the english programs in english speaking north america, australia and/or new zealand (but only as still visual images or animated images not to exceed 60 seconds in length) on and in connection with the creation and maintenance of the site solely on the world wide web, i.e., internet, and solely for the purpose of promoting the enjoyment of the programs and developing a fan base for the programs and/or selling merchandise if authorized to do so pursuant to a separate license agreement.
2. This agreement shall entitle domain name holder to hold the site out as part of the funimation - dragon ball z network.
3. Limitations. Domain name holder's site shall use the marks and/or programs only as set forth in this agreement. Domain name holder's site shall be of a quality satisfactory to funimation. Funimation shall have the sole right, but not the obligation to determine whether use of the marks and/or the programs on the site are of satisfactory quality. Domain name holder shall not alter, modify or mutilate the programs or marks in any way without funimation's prior written consent except as necessary to cause the marks and images from the programs to appear in digitized form on the site. Domain name holder shall not hold up the marks or the programs or any part thereof for ridicule or derision. Domain name holder shall not have any adult, obscene or profane, pornographic or indecent material on the site or any linked site. This agreement does not authorize domain name holder to sell merchandise or products or services or advertising of any kind relating to the marks or the programs.
4. Links and banners. As directed by funimation from time to time, domain name holder shall continually place a page link to the funimation sites and/or funimation's advertising banner, in a prominent size and position on each page of the site. Each banner shall include a link to one of the funimation sites. Domain name holder grants funimation the right to place on the funimation sites, links to the site, at funimation's discretion. Upon registering as an affiliate, such links and/or banners will be supplied in the following internet page.
5. Marks. Domain name holder agrees to comply with any requirements established by funimation or toei concerning the style, design, display and use of the marks. Domain name holder agrees to give proper copyright notice in connection with the use of the programs and the copyright as follows in a visible place on the site: ©2001, bird studio/shueisha, toei animation. Licensed by funimation productions, ltd. All rights reserved, or as otherwise directed by funimation.
6. Termination. This agreement shall terminate upon written notice from either domain name holder or funimation upon 10 days notice or immediately (upon notice) if domain name holder fails to meet any of the terms of this agreement. Upon and after termination, any and all rights granted to domain name holder hereunder shall revert to funimation and funimation and owner shall be free to pursue all their remedies against domain name holder for copyright infringement, trademark enforcement, unfair competition and any and all other causes of action.
7. Ownership. Domain name holder recognizes and acknowledges that the marks, the copyrights, the programs and all rights therein and goodwill pertaining thereto belong exclusively to funimation and/or toei, as their interests may appear, that all rights resulting from domain name holder's use of the marks and the copyrights inure to the benefit of funimation and toei. Except for the limited consent granted herein, no rights are being granted in the marks or the copyrights. All rights are reserved.
8. Indemnification. Domain name holder agrees that funimation shall have no liability, and domain name holder will indemnify, defend, and hold funimation harmless against any and all damages, liabilities, attorneys' fees or costs incurred by funimation in defending against any third-party claims or threats of claims arising from the activities of domain name holder, or domain name holder's use of the programs, the marks and/or the copyright. Funimation may, at its own expense, appear through counsel of its own choosing.
9. Policing of mark. Domain name holder agrees to inform funimation of the use of any marks similar to the marks and any potential infringements of funimation's mark which come to its attention.
10. Relationship of the parties. This agreement creates no agency relationship between the parties hereto, and nothing herein contained shall be construed to place the parties in the relationship of partners or joint venturers, and domain name holder shall have no power to obligate or bind funimation or toei in any manner whatsoever. However, domain name holder shall be considered an affiliated company for the purposes of establishing trademark rights in the marks based on domain name holder's use thereof, and domain name holder's use of the marks shall inure to the benefit of funimation.
11. Miscellaneous. Domain name holder may not assign, transfer, or sublicense this agreement without the prior written consent of funimation. This consent agreement contains the entire agreement between the parties relating to the subject matter hereof, and all prior proposals, discussions or writings are superceded hereby. The terms of this consent shall be binding upon and shall inure to the benefit of the parties and their successors, heirs and assigns. Domain name holder acknowledges that it has read and accepts funimation's terms and conditions of use.
12. Amendment. Funimation may amend this agreement. Such amendment shall become effective upon domain name holder being given written notice of such amendment.
13. Arbitration. All claims, disputes or other matters in controversy, arising out of or related to this agreement, including, without limitation, claims in the nature of tort, deceptive trade practice, breach of warranty or breach of contract, shall be decided by binding arbitration in accordance with the commercial arbitration rules of the american arbitration association ("aaa"). The location of any arbitration proceedings shall be fort worth , texas . The parties expressly agree that the expedited arbitration procedures under the aaa commercial arbitration rules shall apply. Nothing in this section 14 will prevent a party from seeking injunctive relief against the other party from any judicial or administrative authority pending the resolution of a dispute by arbitration.