Late last week, our attorneys at Carlton Fields Jorden Burt made demand on
our behalf upon Kohl's and Komen that they discontinue use of the "It's the
Pink Elephant in the Room" campaign. Unfortunately, the responses received
from Kohl's and Komen to our attorneys' letter were less than satisfactory.
Neither Kohl's nor Komen acknowledged that the campaign infringed on
METAvivor's rights, much less agreed to stop using the material. Instead,
both Kohl's and Komen claimed lack of knowledge of METAvivor's use of the
"Elephant in the Pink Room" campaign, and tried to justify their actions.
While we are disappointed in the responses, our attorneys remain more
committed than ever to our cause, to continuing to vigorously pursue
METAvivor's rights against Kohl's and Komen, and, if unable to resolve the
issues amicably, to take the dispute to the courts.
We will update you as further developments occur.
