From: To: Matthew Somerville Subject: Date: 9 July 2004 15:13 Dear Mr Somerville, Thank you very much for your email of 5th July. In your e-mail you raised a number of points, which we would naturally like to address: Firstly, you said that you think your website will "lead to more people attending Odeon cinemas". However, we disagree with this as a number of Odeon customers who have used your website have become frustrated when they have found that they could not book films. They have also expressed concern that they have submitted personal data to an unofficial website. Therefore by using our Odeon trade marks on your site and suggesting that your website is in some way connected with Odeon and is easier to use, when users cannot book seats for example, a situation has arisen that confuses our customers and dissuades them from using Odeon cinemas. You claimed that you are "not collecting or storing any user data". We dispute this, but even if it were the case, the fact remains that users submit data via your website and again, by use of our logos, listings and data collection, users believe that they are submitting data only to Odeon. However, Odeon cannot know what use you make or may make of this data and whether it is secure. Furthermore, we cannot comply with the Odeon data protection and privacy policy as long as submissions can be made via your website. You also mentioned comments made by Odeon to the Independent newspaper almost a year ago. Since then, Odeon has received an increasing number of complaints from customers about your website and as instances of this confusion have increased, Odeon has been forced to re-think its position in relation to your website in order to protect its customers and its rights. Finally, you asked whether Odeon may be willing to reach a "compromise". With respect, you have been and continue to use our trade marks, listings and copyright material without ever having approached Odeon to do this. In addition, you are causing considerable confusion to our customers and may also be in breach of the Data Protection Act. We realise that you did respond to us by 5pm on Monday 5th July, but you did not comply with our request or state that you intend to do so. With very good reason, we asked you to remove all the pages of your website containing Odeon's listings, trade marks, copyright material and data submission but you have not done so. We would ask, therefore, that you immediately remove the "Accessible Odeon" part of your website from the web. Yours sincerely, Luke Vetere Marketing Director