AMERICAN YOUTH SYMPHONY RESPONSE TO CEASE AND DESIST LETTER (CEASE AND
DESIST LETTER BELOW)
Fabian Milburn
Senior Vice President
Business Operations
Oxygen Media Inc.
Dear Mr. Milburn,
On June 10, 2007, we received your Cease and Desist Letter (transcribed below), dated June 1,
2007, demanding that we immediately refrain from the use of Oxygen logos and use of the term
"The Oxygen Network" in association with our program America's Hot Musician, ironically set to
air on the Oxygen Network, Saturday July 7, 2007.
We are not prepared to contest any legal standing to continue to use the THE OXYGEN
NETWORK, OXYGEN, OH!, and OH! OXYGEN against the wishes of your network and therefore
must provide this written assurance that American Youth Symphony and its program America's
Hot Musician will comply with your demand.
We give this assurance amidst a bazaar set of circumstances in that Oxygen Media Inc. has
known about our usage of said logos and trade name from as early as February, 2007, and has
facilitated selling us a paid time slot where such usage would be necessary. Even more peculiar,
is the fact that we just met with your Director of Development on Friday, June 5 in New York,
concerning programming the show for additional time slots at which time we left a rough cut of
Episode One; in this meeting or a prior phone conversation the day prior, there was no mention
of the Cease and Desist Letter.
Additionally the date of your letter comes, literally, the day following our full payment of the debut
episode; again, the debut is set to air on July 7,2007.
We must advise you that in complying with this demand, Oxygen Media Inc has put us in an
extremely difficult situation not only regarding the integrity of our program which involves young
musicians across America who have already begun taping, but with our advertisers,our ability to
procure immediate future advertisement and other current contractual obligations.
Sincerely,
Gregory Charles Royal
Artistic Director
American Youth Symphony`
Producers of
America's Hot Musician
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CEASE AND DESIST LETTER
Dear Sir/Madam:
As you know, Oxygen Media, LLC ("Oxygen") owns and operates a 24-hour cable television
network which is now available in more than 70 million households throughout the United States
and the Caribbean. Oxygen also owns and operates www.oxygen.com
We recently learned that American Youth Symphony began advertising that the AMERICA'S HOT
MUSICIAN program is coming the THE OXYGEN NETWORK on July 7, 2007. In addition, you
have incorporated OH! OXYGEN in that advertisement as well as on the home page and other
portions of your website, www.americashotmusician.org . You must have prior written permission
to use any of Oxygen's marks, which was never obtained.
Therefore we ask that AMERICAN YOUTH SYMPHONY immediately cease and desist in its use of
THE OXYGEN NETWORK, OXYGEN, OH! and OH! OXYGEN including, but not limited to use on
press materials, signs, brochures, flyers, catalogs, magazines and on-line advertisements.
Please send to Oxygen Media, within ten business days AMERICAN SYMPHONY'S written
assurance that it will comply with our demands.
Please note that Oxygen Media does not waive and hereby reserves any and all rights and
remedies in regard to this matter. Your cooperation in amicably resolving this matter will be
greatly appreciated.
Sincerely,
Fabian F. Milburn
Senior Vice President
Business Operations