We are dismayed to announce that

has been

Legalize has been silenced, at least temporarily.

Legalize had posted a political cartoon parodying the Budweiser Frogs. Our Bud-Is-Wiser Frogs were mesmerized by a flashing, green neon Legalize sign atop a tavern and would croak "Lee", "Gull" and "Eyes" when clicked on.

On February 18, Legalize received the following e-mail. Legalize will not comment any further concerning this matter until advised otherwise by our lawyer.

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Dear Scotty J:

Our law firm represents Anheuser-Busch Companies, the exclusive owner of the BUDWEISER trademark and of the copyright and other intellectual property rights in the BUDWEISER FROGS commercials and characters.

A BUDWEISER fan recently advised our client of the use of it's trademarks and copyrighted FROG material on your site. We have reviewed your site, and we believe that your misuse of the BUDWEISER mark and of Anheuser-Busch's copyrighted material, including the scene of the Frogs facing the tavern, constitutes an infringement of Anheuser-Busch's exclusive rights.

We assume that you mistakenly believed that you have first amendment or similar protection to misuse and violate our client's protected works. The fact is, the kind of use you have made is not protected. Further, given Anheuser-Busch's major efforts to educate minors about not drinking alcoholic beverages, an association between BUDWEISER and the BUDWEISER FROGS with a substance which still is illegal in most jurisdictions on a website which no doubt would be attractive to some minors, is creating irreparable harm for Anheuser-Busch.

To make this clear: this is not about your right to have a site about legalization of marijuana. That may be protected by the first amendment. This is about the misuse of our client's valuable, protected properties, which, as I noted, is not protected.

We therefore request that you remove the violative material from your site within 48 hours of this email. This includes the use of the "Bud-Is-Wiser" name and link and the page to which it is linked. If you comply with this request, we will consider the matter closed. If not, Anheuser-Busch will have to take the necessary legal steps to end this violation of its rights.

Please email and fax me, or have your lawyer email or fax me, with confirmation that you will comply with our request. If we do not hear from you by the end of the business day this Friday, February 20th, we will assume that you are taking an adversarial position to Anheuser-Busch.

Steven M. Weinberg
Weinberg Sullivan P.C.
5060 N. 40th Street, Suite 120
Phoenix AZ 85018

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