No More Pokemon

Well, I received a letter today (October 29, '99)  from an attorney representing Nintendo. It seems that they don't like me posting pics of any bootleg Pokemon toys. I'm not sure if they believe I am selling the toys or not. But I believe that the impression is given that I am promoting the sale and distribution of Pokemon bootleg products. I don't understand what the big deal is. I am only posting pics of toys from my own personal collection. How is this hurting Nintendo? 
I personally believe that this site gives other toy collectors the opportunity to see what counterfeit items are out there. That way, if collectors see them,  they can avoid purchasing them. 
 I can't get my scanner to work right now. But I will have the actual letter up shortly. In the meantime, here is the text of the letter:

Mr. Xxxxx Xxxxxxxx
123 Any Lane Rd
Anywhere, USA

RE: Nintendo Of America

Dear Mr. xxxxxxxx, 
We represent Nintendo Of America Inc. It has come to our attention that you are using unauthorized copies of Nintendo’s Pokemon characters, designs,  and products on your Web site, From looking at your site, it is clear that you are aware that you are advertising and promoting the sale of counterfeit goods, in violation of Nintendo’s rights. This letter constitutes a demand that you immediately cease violating the intellectual property rights of Nintendo.

Nintendo is the owner of numerous copyrights for the Pokemon characters, designs, and products. As the owner of these copyrights, Nintendo has the exclusive right under U.S. law to authorize copies of its characters and designs. In addition to its copyright protection, Nintendo has rights under federal and state trademarks laws. Your activities with respect to the advertising and distribution of counterfeit Pokemon products violate federal and state laws concerning trademark protection and unfair competition. This is our notice to you to immediately cease using unauthorized copies of Nintendo’s Pokemon characters, designs and products. 

In short, your activities at the Web site constitute both copyright and trademark infringements in violation of 17 U.S.C 101 et seq., and 15 U.S.C. 1114, 1115, and 1116 and other applicable federal and state laws. Insofar as your conduct appears to be deliberate, many of the penalties may be more severe than in the case of infringing conduct that is not willful and deliberate.

We will be monitoring your Web site to confirm that you are in compliance with the law and reserve all of Nintendo’s rights to take all steps necessary to protect Nintendo’s intellectual property rights. We hope, however, that such a conflict can be avoided. If you have any questions please have your lawyer contact me at (xxx) xxx-xxxx
Very truly yours, 
Cooley Godward LLP

Signature of author
Anthony M Stiegler

Now I can certainly understand Nintendo's need to protect the copyrights. But isn't this a bit of overkill? What do you think?
Email me your opinion.

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