[IMC-Tech] Re: [Imc-staff] New York Times Syndicate--trademark infringement

Gayden Wren/CORPHQ/NYTIMES wreng at nytimes.com
Tue Dec 27 11:12:27 CST 2005


Dear Mr. Lehman:

      I hope your holiday was a pleasant one.

      Reviewing our correspondence of last week, I think I may be able to
suggest a compromise that will be agreeable to all parties.  While it is
unlikely that Mr. Ivany will ever acknowledge to us his having cited a
particular posting in an effort to misrepresent himself, I see a potential
alternative route to resolution of this matter.
      I naturally applaud your reluctance to edit material posted by third
parties (though, in this case, the actual posting was your own).  I don't
agree that this should apply in the case of material based on fraud or
misrepresentation--by that logic, The New York Times should not have
removed the plagiarized material by Jayson Blair (none of which was, to my
knowledge, actually inaccurate) from its site, even after acknowledging it
to be fraudulent and misrepresented--but I can understand your point of
view.
      The original source of the IMC posting was promotional material
provided by the musician Charlie King.  Mr. King has since repudiated that
material, and I doubt that he would mind formally requesting that you
remove the citation in question from the biography of him posted on the
site.  If you received a letter or e-mail from him (or more likely his
representatives, as he is quite old and, I hear, not well) to that effect,
would you be willing to remove that citation?

      I am sorry to keep coming back to you on this, but I have been
assigned to this matter and am obliged to pursue it as thoroughly as I can.
I hope that you will agree that my suggestion addresses both side's
concerns, so that we can bring this matter to an end.

                                          Very truly yours,

                                          Gayden Wren



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