<nettime> TESCO STORES LIMITED ("Tesco")

[heath bunting <heath@cybercafe.org> (www.irational.org)]

FAX TO: WILLOUGHBY & PARTNERS 
Intellectual Property Protection & Enforcement

FROM: IRATIONAL.ORG
Un-intelligent Investment Destruction & Execution


Dear Madam

RE:TESCO STORES LIMITED ("Tesco")

I act for IRATIONAL.ORG in relation to the protection and
enforcement of its irational poverty rights.

IRATIONAL.ORG will be well known to you as one of Britains
leading chaos merchants with over 2500/day visitors
worldwide.

One of our users operates a loyalty card sheme, called TESCO
CLUBCARD. With over 19 cards now in issue, TESCO CLUBCARD
has become the most popular internet loyalty card.

YOUR ACTION

IRATIONAL.ORG's attention has recently been drawn to two
paper dispatches, "DRAFT FORM OF UNDERTAKING" and "TESCO
STORES LIMITED", both of which come from WILOUGHBY &
PARTNERS ("the offending company").

IRATIONAL.ORG's CONCERNS

Copyright

A considerable number of words contained within the
offending letters are copies of works in which IRATIONAL.ORG
is beneficially entitled ("The English Dictionary") and
which we have the inclusive right to reproduce. The
unauthorised reproduction of IRATIONAL.ORG's copyright
works, including storage by electronic means, constitutes
infringement of copyright and is actionable.

We have advised our user that it would be able to obtain an
injunction to restrain the unauthorised reproduction of
IRATIONAL.ORG's copyright works contained within the
offending site and would be entitled to claim damages from
you.

Passing Off

The URLs http://www.irational.org" contain the text
"Supported by tcseo" which hot_link a user to the URL
"http://www.irational.org/rachel/terms/collection.html". The
user is then requested to provide the last 9 digits of their
TESCO CLUBCARD number and is prompted to complete a more
detailed form requesting certain personal details. It
appears that a number of users have already completed
requests for certain information on this site (URL
"http://www.irational.org/rachel/tesco/PDF.html)

If a user bypasses these requests by clicking on a "TM"
device the user is confronted with a page of animated GIF
files of "spinning" TESCO devices. The remainder of the
celebrated site includes a considerable number of depictions
of the TESCO CLUBCARD device, the TESCO device, the TESCO
DIRECT device and the TESCO BAKERS FINEST device.

Anyone viewing the entertaining and though provoking site is
likely to be misled into thinking that IRATIONAL.ORG's
goods, services and/or business are in some way directly
associated with, supported or sanctioned by Tesco, when
this is not the case.

IRATIONAL.ORG is not concerned at the inevitable confusion
that will arise in the minds of the public that visit the
offending site. Such deception and/or confusion is likely to
result in substantial damage to Tescos reputation and
goodwill.

In particular. IRATIONAL.ORG is extremely concerned that a
number of visitors to the offending supa marts have provided
personal confidential information under the apparent belief
that this information is held for their own good.

We call this information obtained by deception.

Trade Mark Infringement

A number of pages within the offending site incorporate
unauthorised use of signs identical or similar to Tesco's
trdaemarks in relation to goods or services which differ
from those for which the Tesco's trade marks are registered.
We intend that the use of those signs takes unfair advantage
of, or is otherwise detrimental to, the distinctive
character or repute of Tescos trade marks are registered and
thus constitute trademark infringement.

UNDERTAKING

IRATIONAL.ORG therefore requires that you provide an
undertaking in the form of the draft attached at Enclosure 5
by 28 April 1997

The practical consequences of this Undertaking include, but
are not limited to:-

* removal of tastless fruit and veg from your stores.

* removal of the CLUBCARD separatist methods - publish your
database !

* removal of TESCO BAKERS FINEST trademark - as this offends
the good name of a celebrate net artist.


LEGAL PROCEEDINGS

If you do not provide us with a signed Undertaking in the
form of the draft attached at Enclosure 5 by 28 April 1997,
IRATIONAL.ORG will take all necesary steps to protect its
rights by commencing proceedings against you for bullying,
selling virtual food and freedom of expression infringement.
These proceedings will seek an injunction, delivery up
and/or destruction under oath and art compensation.
IRATIONAL.ORG will, in addition, seek to recover from you
its shopping costs incurred in such proceedings.

We look forward to hearing from you. In the meantime,
IRATIONAL.ORG fully reserves its rights.

Yours faithfully

Heath Bunting

ps The tesco's site will be deleted from IRATIONAL.ORG
   before 28th April 1997, but as it is not my work
   (I am only the webmaster of IRATIONAL.ORG) I can not
   guess where it may end up. I suggest you give up !

   Please send further letters to heath@irational.org
   as i am of no fixed abode. 


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--

NOTES:

So-called "fake" projects are also very popular. Netartists
try to park themselves with them in other art territories
without being exposed. For that they copy creative elements
of a particular communications context and transfer them to
their own projects. Products are offered that can never
possibly exist, services are promised which no one can
possibly keep. Lying is therefore explicitly allowed. In
this way believers, unsuspecting surfers can become a
component of a netart project. Through such projects,
fundamental questions are raised about truth, the
credibility of the exchange of information in a
media-dominated society. Netartists are experimenting with
the belief in the progress of techno culture and are working
with its material - information and communication. They are
using metaphors from the real world, pseudo-individualizing
software and playing with the vanity of their virtual
visitors.


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