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Infringement of DIBELS TrademarkKotin, Crabtree & Strong, LLP December 1, 2005 Sid Glassner, Executive Director By Express Mail Re: Infringement of DIBELS Trademark This firm represents Sopris West Educational Services, Inc. ("Sopris West"), of Longmont, Colorado, exclusive publisher of DIBELS materials under license from Dynamic Measurement Group, Inc. ("DMG"), of Eugene, Oregon. We are authorized to act in this matter by DMB as well as by Sopris West. DMG has registered the DIBELS trademark and service mark in the U. S. Patent and Trademark Office, and accordingly owns the exclusive right to use the DIBELS mark throughout the United States. It owns Registration No. 2771559 for use of the mark in "Educational research; educational testing; instruction in the field of literacy and early literacy skills, monitoring and assessment of student progress and outcomes," and other services. It also owns Registration Nos. 2750275 and 2729165 for related goods and services. It has come to the attention of Sopris West and DMG that the Vermont Society for the Study of Education matintains a web page with the URL www.vsse.net/dibels. The banner at the top of this page says "DIBELS Clearinghouse," and immediately below that, "Welcome to the new DIBELS Site." Our clients understand that your organization opposes DIBELS, and they have no intent to suppress negative comment, however much theymay disagree with it. But your use of the DIBELS mark as described above gives the false impression that your site is somehow official, or officially sanctioned. Furthermore, your use of the mark appears calculated to attract traffic to your website without indicating clearly up front your position on DIBELS. For example, a recent Google search for "DIBELS: turned up the following statement from your website as hit #28--a fairly high ranking given that the total number of hits was in the hundreds or perhaps thousands: Educators and parents: We welcome first-hand accounts of how DIBELS has impacted. . . . We welcome examples of how DIBELS drives homework and curriculum. . . . We must insit that you revise your web page to make clear that it is not a "DIBELS Clearinghouse" or "the DIBELS site" but rather an anti-DIBELS clearinghouse and site. We decline to suggest the exact words to use, although we hope and trust that you will refrain from the vulgarisms that are used by some other negative websites. As part of your revision of your site, please alter the language quoted above so that any Google searcher will see ab initio that your site is noto pro-DIBELS. Thank you for your prompt attention to this matter. Yours sincerely, William S. Strong Kotin, Crabtree & Strong, LLP
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