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Elemental Films, Ltd. notices placed on archived Xenite news stories

July 31, 2008 at 23:19:52 During the height of fan interest in the Peter Jackson "Lord of the Rings" movies, Xenite.Org and other fan sites reported on an independent film studio's fantasy movie projects. We have modified those archived articles to include a special notice.

Elemental Films® has no plans to produce any of Sam Balcomb's, Raiya Corsiglia's, or Sam Nazarian’s projects. Elemental Films® is a registered trademark. All Rights Reserved. Any infringements of this federally protected trademark will be pursued to the full extent of the law. Monetary damages will be assessed for any and all trademark infringements.

In the year 2000 Xenite.Org and other fan sites were contacted by independent American film-maker Sam Balcomb concerning a movie project called "Elessar". Subsequent communications with Balcomb's studio, at the time operating out of Los Angeles, CA under the name "Elemental Films", led to extensive reporting for a second film, "Ancanar".

All articles posted to Xenite.Org were written in a good faith understanding that Sam Balcomb's film studio was doing business under the name "Elemental Films". However, we have now been contacted by Shereen Noon, President of Elemental Films, Ltd., an independent film studio based in Scotland. Elemental Films, Ltd. has registered the name "Elemental Films" as a trademark and per international accords is enforcing its rights and prerogatives.

To the best of our knowledge, Sam Balcomb is now doing business as Rainfall Films, LLC. Xenite.Org, its owners, operators, staff, and volunteers have no knowledge of any business relationship, past or present, direct or otherwise, between Elemental Films, Ltd. and Rainfall Films, LLC.

At no time was it Xenite.Org's intention to represent any agent, organization, or entity as "Elemental Films" in such a way as to diminish, dilute, or infringe upon the registered trademark holder's rights.

Because the news articles using the name "Elemental Films" (referring to the American studio, not the trademark owning studio in Scotland) were published mostly in the period 2000-2001, it did not make sense that the articles should be amended to use the current name of Sam Balcomb's studio (which claims the "Ancanar" film among its projects).

Nonetheless, recognizing the possible harm that continued misapplication of the trademark might inflict upon Elemental Films, Ltd. rights, Xenite.Org has agreed to post and keep in place the disclaimer cited above. This disclaimer will remain embedded in our archived content indefinitely.

It should be understood that historical uses of the name "Elemental Films" on Xenite.Org (and in content that Xenite.Org distributed to other Web sites) did not in any way refer to the correct trademark owner, Elemental Films, Ltd., the only company legally entitled under international law to operate by that name.