Dear [Colluison Group] :

Thank you for taking the time to discuss the unauthorized distribution of "SU t-shirts" on the telephone with me earlier today. As discussed, I am forwarding some information to you with respect to DC Comics' objections to the manufacture, distribution, sale and/or offer for sale of such t-shirts. This comes from our letter as originally sent to Empire Technologies and they have complied with all of our requests. In an answer to our request numbered three below, you information was provided. Not all of the claims in this letter apply to you, rather this is to help give you an understanding of DC Comics' position, as requested by you. At this point, our goal is to make sure that the referenced t-shirts are out of distribution and/or offer for sale and that we have confiscated all remaining inventory which has been stated as "...approximately 45 shirts have been produced, but not sold" by counsel for Empire Technologies. Again, thank you for your time and consideration in this matter and I would appreciate hearing from you by no later than October 30, 3001. In the meantime please feel free to contact me should you have any questions or require any additional information.

Marc Brandon
Manager, Anti-Piracy Internet Operations
Warner Bros.
4000 Warner Boulevard
Bridge Building, 156 South #5172
Burbank, CA 91522
Tel: 818.954.6274
Fax: 818.954.7898

Re: Unauthorized Use of DC Comics' SUPERMAN Property

I am writing to you on behalf of DC Comics, the owner of all rights, including copyright and trademark, in and to the world-famous SUPERMAN character. DC Comics has licensed rights to others to use various aspects of the SUPERMAN Property including the word SUPERMAN, the visual representation of the SUPERMAN character, the S in Shield Emblem and other associated indicia in respect of a wide variety of goods and services. In view of DC Comics' ownership of these rights, no one may copy, license, exhibit, reproduce or otherwise trade on the SUPERMAN Property without the prior authorization and consent of DC Comics.

Notwithstanding this, it has come to our attention that Empire Technologies is offering for sale t-shirts which bear an image that infringes upon DC Comics' federally registered S in Shield Emblem and using DC Comics' intellectual property to advertise and promote the sale of said t-shirts on your web site located at http://www.jinxhackwear.com. Empire Technologies' use of DC Comics' property constitutes copyright infringement, as well as, trademark infringement and unfair competition, in that such use is likely to mislead the public into believing that you are licensed, sponsored or authorized by DC Comics. In addition, Empire Technologies' use of DC Comics' trademarks will dilute the distinctiveness of the SUPERMAN Property by trading upon the goodwill and reputation, which the public associates with these trademarks. DC Comics considers such conduct to be a serious violation of their rights and to be damaging to their businesses and reputations.

Accordingly, we must insist that Empire Technologies immediately cease and desist from any and all further unauthorized uses of DC Comics' SUPERMAN Property and immediately provide us with the following information, if they are inclined to resolve this matter amicably:

1) The number of objected-to t-shirts that Empire Technologies have sold and the price charged per product;

2) The number of said t-shirts Empire Technologies has remaining in inventory;

3) The name and address of the manufacturer of the objected-to t-shirts; and

4) Confirmation that any and all unauthorized uses of DC Comics' SUPERMAN Property have been discontinued.

In view of the serious nature of this matter, we anticipate your comprehensive response to this letter no later than August 1, 2001. Upon receipt, we will contact you to discuss this matter further.

This letter is written and sent to you without prejudice to any rights and remedies that may be available to DC Comics with respect to this matter.