AOL, SkyMall Monday and My First Cease & Desist Letter

Dear Mr. Barish,

This firm represents AOL Inc. and its affiliates (collectively “AOL”).  Our client has asked us to contact you regarding the blog column SkyMall Monday.

As the author of the column, you know that SkyMall Monday has been used continuously since at least as early as 2008 with a series at AOL’s Gadling blog, e.g.,  http://www.gadling.com/2008/10/13/skymall-monday-the-slanket/   It has come to our attention that, after your departure from AOL, you began writing a blog at Sherman’s Travel called SkyMall Monday.  http://blog.shermanstravel.com/tag/skymall/

I am writing because your Blogger Agreement with AOL, executed on October 8, 2008, (see attached) prohibits you from, among other things, using content from AOL on third party sites.  See, for example, Section 5.3 of the Blogger Agreement.  By continuing to write a column at a third party site under the name SkyMall Monday you are in breach of your Blogger Agreement.

We assume this was an oversight on your part and you will immediately agree to stop using the column name SkyMall Monday.  So that I can advise my client I request that you contact me to confirm that you have complied with this request.

I look forward to hearing from you.


Jim Davis
Partner