Legal/Infringement Notices/Eyeo GmbH 2
Mozilla Corporation 331 E. Evelyn Avenue Mountain View, CA 94041 USA
Dear Mozilla team,
I like to inform you about a violation of Eyeo GmbH´s IP-rights by one extension listed in the Firefox/Mozilla ADD-ON Store.
As you may know Eyeo GmbH is the developer of Adblock Plus, the actually most popular Firefox extension (see https://addons.mozilla.org/en-US/firefox/extensions/?sort=users) used by over 18 Million Firefox users worldwide.
We duly noted that correlating with the growing success of our extension there is a growing number of copy cats that try to trick our users into using a fake extension and so harming our users security and our reputation. That’s why we feel the need to enforce our trademark rights and stop such irritations.
As requested, the necessary formalities:
A signature, electronic or physical, of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright right that is being infringed;
Please find my Signature below. If you need more details, please let me know. I am acting on behalf of Eyeo GmbH, Cologne, Germany as their General Counsel.
An identification of the TM rights that you claim have been infringed;
Please find attached a list of our registered trademarks. The complaint is mainly based upon infringement of the CTM and US TM-rights of our ABP logo.
A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Mozilla to find and positively identify that content, including the URL where it is located;
The author was contacted several times after he published his extension in the Mozilla ADD-ON Store. We kindly asked him to change the Logo and remove the term Adblock pointing out that we are not against competition but it has to be a fair one and not one based on our efforts. Also we pointed out, that we received several requests by confused users.
Despite several follow-up emails from our side, we never heard back from him and no modification was done.
We therefore had to enact legal actions against him and the regional court in Hamburg, Germany issued an injunction that prohibits the distribution of his extension as long as he uses the Logo and the Term Adblock in conjunction with his extension.
Please find the English translation of the injunction attached.
The extension therefore needs to be removed in its current form as it is a violation of our IP-rights and it is also against the Mozilla TOS because
a) Eyeo owns the rights in the term and the logo Adblock (ABP) and b) the software is used in a fraudulent way and so our users may think we have something to do with that extension and behavior c) there is a court ruling the prohibits the distribution of the extension as set out in the attached ruling.
Ad a) TM based:
1) We own the TM Adblock Plus and the APB Logo in the EU and the US and are the Applicant of several TM "Adblock" worldwide. 2) Our his Logo is very similar to ours while we claim prior rights.
Protected services are used in an identical way.
Ad b) TOS based:
1) Nr. 1 : violation of TM rights: to the extent the AMO Contribution contains any commercial identifiers such as a trademark, service mark, or trade dress, you have worldwide rights to use and to authorize the use of the artwork, designs, emblems, names, and other elements under the law (such as under fair use principles).
If you need any more details please let me know.
Your name, address, telephone number, and email address where we can contact you; See signature below.
I (i) believe in good faith that the use of the material that we claim to infringe our IP-rights is not authorized by law, or by the rights owner or such owner’s agent; and, (ii) that all of the information contained in our TM Notice is accurate, and under penalty of perjury, that Eyeo is either the owner of, or a person authorized to act on behalf an owner of, the exclusive IP-right that is being infringed.
Thank you for your time and let me know if you need any more information to process the complaint.
RA Kai Recke General Counsel