NATIONAL OFFICES: 461 FROM ROAD, PARAMUS, NJ 07652-3524 (201) 599-7880 - Phone (201) 262-9097 - Fax September 1, 1995 Mr. Miles O'Neal Roadkills-R-Us Route 1, Box 558 Johnson Road Leander, TX 78641-9413 Re: Roadkills-R-Us File No. TI95-082 Dear Mr. O'Neal: Thank you for your letter dated June 23, 1995. Please be advised that it will not be sufficient for you to simply place a disclaimer on your advertising. Furthermore, unless we see that you are taking positive steps to change your company name, we will turn this matter over to our litigation counsel. Name changes for your business that I can suggest include ROADKILLS U.S.A., ROADKILLS TRUST, ROADKILLS & YOU, ROADKILLS FOR YC)U, ROADKI'ULS PLUS and the 1 4ke. Please note that we have conducted no independent search to ascertain whether these names (a) are available and (b) do not infringe upon another entity's mark. I suggest these names only insofar as the cost to change signs and the like would be minimized. Please be advised, however, that names such as ROADKILLS ARE US, ROADKILLS AND US, ROADKILLS & US, ROADKILLS FOR US, ROADKILLS 4 US, ROADKILLS BY US and the like would be considered colorable imitations of our mark and would therefore not be acceptable. For this reason, before you go to the expense of changing your company name, we request that you advise us of the new name so we can confirm that there will be no conflict. We will expect all use of ROADKILLS R US on or in signs, stationery, business cards, checks, advertising, telephone and trade directories to cease within three months. Additionally, please copy us on the amendment to your articles of incorporation or fictitious name certificate, whichever is applicable, as well as your letter to the phone company indicating your change of name. Very truly yours, TOYS "R" US, INC, signature Mavis Fowler General Attorney MF: j g
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Last updated: 25 October 2001