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Legal/Infringement Notices

3,819 bytes added, 22:25, 28 September 2010
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Dir sirs,<br>I've been a big fan of Firefox and have enjoyed using and creating <br>Personas. However, I've found a Personas using my creation without my <br>approval and I'd request Mozilla to take down that from Personas gallery <br>asap. Please refer following details, and it would be highly appreciated <br>if you could take appropriate action.<br> <br>Personas infringing my right: http://www.getpersonas.com/ja/persona/70901<br>My creation: <br>http://www.pixiv.net/member_illust.php?mode=medium&amp;illust_id=6077937<br> <br>As you can see, Personas http://www.getpersonas.com/ja/persona/70901 is <br>using graphics created by me <br>http://www.pixiv.net/member_illust.php?mode=medium&amp;illust_id=6077937, <br>but I've never granted reuse right to this Personas author and will <br>never approve.<br> <br>My contact information are as follows.<br>Name: Sayaka Fujita (female)<br>Address:[street address removed] Gifu 501-6015 JAPAN<br>Phone: [phone number removed]<br>e-mail: du_ki@hotmail.co.jp<br> <br>I believe in good faith that the use of the material that I claim <br>infringes my copyright is not authorized by me. In addition, all of the <br>information above is accurate, and under penalty of perjury, that I am <br>either the owner of the exclusive copyright right that is being infringed.<br> <br>It would be great if you could disable this Personas ASAP. If you need <br>any more information, please let me know.<br> <br>Best regards,<br>Sayaka Fujita / du_ki@hotmail.co.jp<br><br>
 
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Harvey Anderson<br>Mozilla Corporation<br>650 Castro Street, Suite 300<br>Mountain View, CA 94041<br>Email: dmcanotice@mozilla.com<br>Phone Number: 650-903-0800<br>Fax: 650-903-0875
Hello Mr. Anderson,
SOVICHMINCH LLPOne of my copyrighted images (a ferret with bunny ears) is being used<br>LEGAL AND PROFESSIONAL COUNSELORS<br>10099 Chesapeake Drive, Suite 100, McCordsville, Indiana 46055<br>Telephoneillegally here: 317.335.3601 Facsimile: 317.335.3602<br>WWW.SOVICHMINCH.COM
Via Emailhttps://addons.mozilla.org/en-US/firefox/search?q=ferret&amp; Fax and First Class Mail<br>March 19, 2010<br>Mr. Harvey Anderson<br>Mozilla Corporation<br>650 Castro Street, Suite 300<br>Mountain View, CA 94041<br>cat=personas&amp;appid=1&amp;pp=5
Re : Unauthorized Use o f John Wayne Intellectual PropertyI want to convey to you that in good faith the use of the material above<br>infringes on my copyright, is not authorized by law, or by me, the<br>copyright owner; and, that all of the information contained in my DMCA<br>Notice is accurate, and under penalty of perjury, that I am the owner of<br>the exclusive copyright right that is being infringed.
Dear MrTo that end I am attaching a pdf of the images from my 2001 Ferret<br>Calendar, Famous Ferrets. You will see that the April image is the ferret<br>with the bunny ears. These images are registered with the Federal<br>Copyright Office. Please remove this image as it's use is illegal under<br>the Federal Copyright Act and advise the user of the violation. Also<br>please notify me when the image has been removed. Anderson,
This firm represents John Wayne EnterprisesThank you, LLC ("JWE"), proprietor of the<br>trademarks, rights of association, sponsorship and endorsement as well as the rights<br>of publicity in and to the globally recognized celebrity, the late John Wayne and is so<br>registered as the successor-in-interest with the office of the Secretary of State of<br>California in accordance with the requirements of California Civil Code Section 990,<br>and its successor legislation under Civil Code Section 3344.1.
As counsel for JWE, our firm pursues and prosecutes all claims and causes of action<br>arising out of or relating to the unauthorized use of John WayneJeanne Carley<br>Jeanne Carley's rights of publicity,Ferret Company<br>including, but not limited to his name, image, likeness, signature, voice and personahttp://www.ferretcompany.com<br>and any and all other rights appurtenant thereto, (such as trademarks, serviceP.O. Box 7161<br>marksRedwood City, copyrights and rights under the laws of unfair competition) conferred byCA 94063<br>statute, federal and/or common law, or in equity. JWE also is the proprietor of650 851-3750<br>federal copyright registrations for the various quotes of the late John Wayne as welljeanne@ferretcompany.com<br>as trademark registrations in and to the name John Wayne (collectively "JW<br>Property")
We have recently been informed that the following seller is impermissibly creating,<br>selling and/or offering for sale various "personas" featuring the JWE Property. More<br>specifically, the infringing content is located on your site in the following locations /<br>by the following sellers: http://www.getpersonas.com/en-US/persona/68147 by a<br>mrmason.---
Such unauthorized use of The copyrighted work at issue is the aforementioned protected intellectual property is image that appears in<br>contravention to JWE's aforementioned rights the Persona "Retro Notes" and must be addressed. To that end,<br>we ask that Mozilla expeditiously remove the infringing products from its websiteit was uploaded by user "Listig" on 6/22/2009.
Please know that The URL where the above disputed use(s) are not authorized nor licensed by the<br>copyrightcopyrighted material is located is here: http://trademark owner, iwww.egetpersonas. JWE, its agent, or the law. Further, I aver, under<br>penalty of perjury, that the above information is accurate and that I am authorized<br>to act on behalf of the owner of the copyrightcom/en-US/persona/trademark interest involved.32757
Thank you for your prompt attention to this matter. I look forward to your<br>immediate reply so that this matter You can be resolved in an amicable and expeditious<br>manner. I may be reached directly via email atcmsovichreach me at enju001@sovichminchgmail.comfor further information or clarification. via fax<br>at (317) 335-3602 or via telephone at (317) 335-3601 x 102My phone number is [phone number removed] and my mailing address is [street address removed], Columbia, SC 29210.
Nothing contained herein or omitted here from constitutes a waiver of any I, Keara Contartesi, believe in good faith that use of the<br>rights copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or remedies at the law or in equity of John Wayne Enterprises, LLC, all of which<br>are hereby expressly reserved.
CordiallyI swear, <br>Christine M. Sovichunder penalty of perjury, Esqthat the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.<br>Sovich Minch LLP
cc: Mr. Ethan Wayne, President / John Wayne EnterprisesKeara Contartesi<br>Ms. Sherry LeysenMarch 23, Licensing Director / John Wayne Enterprises<br>2010<br>
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Dear LizSOVICHMINCH LLP<br>LEGAL AND PROFESSIONAL COUNSELORS<br>10099 Chesapeake Drive,Suite 100, McCordsville, Indiana 46055<br>Telephone: 317.335.3601 Facsimile: 317.335.3602<br>WWW.SOVICHMINCH.COM  Via Email; Fax and First Class Mail<br>March 19, 2010<br>Mr. Harvey Anderson<br>Mozilla Corporation<br>650 Castro Street, Suite 300<br>Mountain View, CA 94041<br>
Yes, under penalty of perjury, I am the owner of the exclusive copyright right that is being infringed. I appreciate your quick responseRe&nbsp;: Unauthorized Use o f John Wayne Intellectual Property.
SincerelyDear Mr. Anderson,<br>Rachel Anderson
This firm represents John Wayne Enterprises, LLC ("JWE"), proprietor of the<br>On Thutrademarks, rights of association, Mar 18sponsorship and endorsement as well as the rights<br>of publicity in and to the globally recognized celebrity, 2010 at 5:05 PMthe late John Wayne and is so<br>registered as the successor-in-interest with the office of the Secretary of State of<br>California in accordance with the requirements of California Civil Code Section 990, Elizabeth Compton &lt;ecompton@mozilla<br>and its successor legislation under Civil Code Section 3344.1.com&gt; wrote:
Dear RachelAs counsel for JWE,our firm pursues and prosecutes all claims and causes of action<br>arising out of or relating to the unauthorized use of John Wayne's rights of publicity,<br>including, but not limited to his name, image, likeness, signature, voice and persona<br>and any and all other rights appurtenant thereto, (such as trademarks, service<br>marks, copyrights and rights under the laws of unfair competition) conferred by<br>statute, federal and/or common law, or in equity. JWE also is the proprietor of<br>federal copyright registrations for the various quotes of the late John Wayne as well<br>as trademark registrations in and to the name John Wayne (collectively "JW<br>Property")
Thank you for your email. Before we can take action under the DMCA, you need to correct one item in your notice. The required statement, as specified in the DMCA, needs to state, under penalty of perjury, We have recently been informed that you are either the owner offollowing seller is impermissibly creating, <br>selling and/or a person authorized to act on behalf an owner ofoffering for sale various "personas" featuring the JWE Property. More<br>specifically, the exclusive copyright right that infringing content is being infringed. You only state below under penalty of perjury that located on your notice is true and correct. Could you make that one correction please? We will then take down site in the Persona described below and forward your notice to following locations /<br>by the person who posted itfollowing sellers: http://www.getpersonas.com/en-US/persona/68147 by a<br>mrmason.
SincerelySuch unauthorized use of the aforementioned protected intellectual property is in<br>contravention to JWE's aforementioned rights and must be addressed. To that end,<br>we ask that Mozilla expeditiously remove the infringing products from its website.
Liz ComptonPlease know that the above disputed use(s) are not authorized nor licensed by the<br> Mozillacopyright/trademark owner, i.e. JWE, its agent, or the law. Further, I aver, under<br>penalty of perjury, that the above information is accurate and that I am authorized<br>to act on behalf of the owner of the copyright/trademark interest involved.
----- Original Message -----Thank you for your prompt attention to this matter. I look forward to your<br> From: "Rachel Anderson" &lt;silverstars1@gmail.com&gt;immediate reply so that this matter can be resolved in an amicable and expeditious<br> To: dmcanoticemanner. I may be reached directly via email atcmsovich@mozillasovichminch.com. via fax<br> Sent: Thursday, March 18, 2010 9:53:34 AM<br> Subject: DMCA at (317) 335-3602 or via telephone at (317) 335- Copyright Infringement Report3601 x 102.
To Whom It May ConcernNothing contained herein or omitted here from constitutes a waiver of any of the<br>rights or remedies at law or in equity of John Wayne Enterprises,LLC, all of which<br>are hereby expressly reserved.
I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA)Cordially, <br>Christine M. This letter is a Notice of Infringement as authorized in § 512(c) of the U.S. Copyright Law. I wish to report what I feel in good faith is an instance of Copyright Infringement. The infringing material appears on the Service for which you are the designated agent. You are registered with the U.S. Copyright Office as the Designated Service Provider Agent to receive notifications of alleged Copyright infringement with respect to users of the Service for which you are the Designated AgentSovich, Esq.<br>Sovich Minch LLP
1cc: Mr. The material which I contend belongs to meEthan Wayne, and appears illegally on the Service is the following:President / John Wayne Enterprises<br> A painting that I created and is copyright to me titled Pixie DustMs.Sherry Leysen, Licensing Director / John Wayne Enterprises<br><br>
2. The material appears at this website address:<br> http://www.getpersonas.com/en-US/gallery/Designer/oldphotogurl---
3. The material appears on my Official Web site at this address:<br> Pixie Dust - http://www.silverstars.us/go/view.php?image=artwork/pixie_dust.jpgDear Liz,
4. My contact information Yes, under penalty of perjury, I am the owner of the exclusive copyright right that is as follows:<br> Rachel Anderson<br> Pbeing infringed.O. Box 3896<br> Ithaca, NY 14852<br> 607-592-0411 (My agent)<br> I can be reached by e-mail at silverstars1@gmailappreciate your quick response.com
I have a good faith belief that the use of the material that appears on the service is not authorized by me (the copyright owner)Sincerely, my agent, or by operation of law. The information in this notice is accurate, and I am the copyright owner. I declare under the perjury laws of the United States of America that this notification is true and correct.<br>Rachel Anderson
Sincerely<br>On Thu,Mar 18, 2010 at 5:05 PM, Elizabeth Compton &lt;ecompton@mozilla.com&gt; wrote:
Dear Rachel Anderson<br> http://silverstars,  Thank you for your email. Before we can take action under the DMCA, you need to correct one item in your notice. The required statement, as specified in the DMCA, needs to state, under penalty of perjury, that you are either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed. You only state below under penalty of perjury that your notice is true and correct. Could you make that one correction please? We will then take down the Persona described below and forward your notice to the person who posted it.us Sincerely,  Liz Compton<br>Mozilla
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Original Message -----<br> From: "Rachel Anderson" &lt;silverstars1@gmail.com&gt;<br> To: dmcanotice@mozilla.com<br> Sent: Thursday, March 18, 2010 9:53:34 AM<br> Subject: DMCA - Copyright Infringement Report To Whom It May Concern,  I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA). This letter is a Notice of Infringement as authorized in § 512(c) of the U.S. Copyright Law. I wish to report what I feel in good faith is an instance of Copyright Infringement. The infringing material appears on the Service for which you are the designated agent. You are registered with the U.S. Copyright Office as the Designated Service Provider Agent to receive notifications of alleged Copyright infringement with respect to users of the Service for which you are the Designated Agent.  1. The material which I contend belongs to me, and appears illegally on the Service is the following:<br> A painting that I created and is copyright to me titled Pixie Dust.  2. The material appears at this website address:<br> http://www.getpersonas.com/en-US/gallery/Designer/oldphotogurl  3. The material appears on my Official Web site at this address:<br> Pixie Dust - http://www.silverstars.us/go/view.php?image=artwork/pixie_dust.jpg  4. My contact information is as follows:<br> Rachel Anderson<br> P.O. Box 3896<br> Ithaca, NY 14852<br> 607-592-0411 (My agent)<br> I can be reached by e-mail at silverstars1@gmail.com  I have a good faith belief that the use of the material that appears on the service is not authorized by me (the copyright owner), my agent, or by operation of law. The information in this notice is accurate, and I am the copyright owner. I declare under the perjury laws of the United States of America that this notification is true and correct.  Sincerely,  Rachel Anderson<br> http://silverstars.us<br>  ---- <br>
NCTM<br>Studio Legale Associate
A vv. SallIe Ricci<br>Avv. Gabriele Consiglio<br>A vv. Paolo Lazzarillo<br>Avv. Giallluca Massimei
Rome, March 18th 2010
By e-mail at:dmcanotice@mozilla.com<br>By fax at: 001 6509030875<br>MOZILLA CORPORATION<br>650 Castro Street, Suite 300<br>Mountain View, CA 94041 U.S.A.)<br>To the kind attention of:<br>Mr. Harvey Anderson
RE: FERRARI S.p.A. /MOZILLA CORPORATION (our ref. 82274)
Dear Sirs,
by this letter in the name and on behalf of FERRARI S.p.A. (FERRARI) of Maranello, the<br>world-renowned manufacturer of luxury sports car, which has granted us all the necessary powers for the<br>worldwide protection of its intellectual property portfolio, we wish to represent you as follows.
FERRARI became recently aware that on your web sites are available applications, as<br>"Personas" and "Add Ons", for the customization of the browser FIREFOX, of the mail client<br>THUNDERBIRD and of other MOZILLA products, by means of the downloading of browse themes.
Several of these graphic themes are dedicated to FERRARI, consisting of pictures and images<br>reproducing FERRARI Cars, Trademarks, Logos, Logotypes, Designs, Models, Trade Names, although<br>FERRARI S.p.A. never granted its consent to this purpose.
As you may know, FERRARI is the registered owner (among others) of the Trademarks (the<br>"Trademarks"), the Logos (the "Logos"), the Logotypes (the "Logotypes"), the Models (the "Models"),<br>the Designs (the "Designs"), the Trade Names (the "Trade Names"), reproduced in such images and<br>pictures.
These registrations provide our client with protection against any misuse of its Trademarks,<br>Logos, Logotypes, Models, Designs, Trade Names and of any sign and shape that is similar to them.<br>We have advised our client that the unauthorised exploitation of pictures, images and any other<br>multi-media content reproducing Trademarks, Logos, Logotypes, Models, Designs, Trade Names and any<br>other distinctive signs of exclusive property of FERRARI S.p.A. and/or look alike them, constitutes an<br>infringement as well as passing off.
Therefore, without prejudicing or waiving rights of FERRARI to seek further remedies or<br>relief, we DEMAND you to comply with the following:
(i) immediately remove from each of your web sites all the pictures, images and any other<br>multi-media content reproducing Trademarks, Logos, Logotypes, Models, Designs, Trade<br>Names and any other distinctive sign of exclusive property of FERRARI S.p.A. and/or<br>look alike them;<br>(ii) immediately and forever desist from any use of Trademarks, Logos, Logotypes, Models<br>Designs, Trade Names and any other distinctive sign of exclusive property of FERRARI<br>S.p.A. and/or look alike them;<br>(iii) immediately deactivate the applications "Personas" and "Add ons", and any other which<br>enables the downloading of images. pictures and any other multi-media content<br>reproducing Trademarks, Logos, Logotypes, Models, Designs, Trade Names and any<br>other distinctive sign of exclusive property of FERRARI S.p.A. and/or look alike them;<br>(iv) disclose the number of the downloading made until now and any detail relating to the<br>identity of the subjects involved in the realization of the images, pictures and any other<br>multi-media content reproducing Trademarks, Logos, Logotypes, Models, Designs, Trade<br>Names and any other distinctive signs of exclusive property of FERRARI S.p.A. and/or<br>look alike them;<br>(v) undertake to pay the sum of € 500,00 for each downloading of such browse themes;<br>(vi) undertake to pay the sum of € 500,00 for each day of breach of the obligations sub (i-iv)<br>by you or by any entity under your control or associated to you, reserved the right to ask<br>for a further compensation;<br>(vii) pay the sum of € 1.000,00 in contribution to our client's costs.
Our client would prefer to resolve the matter with you amicably without the need for instituting<br>legal proceedings. However, please TAKE NOTICE that, if we do not receive your written confirmation<br>entirely agreeing to the above obligations by March 25, by way of your countersignature to the letter<br>below, our client will entrust our local lawyers to pursue the matter further.
Yours faithfully.<br>Best regards.
Avv. Santa Ricci<br>Avv. Gabriele Consiglio<br>Avv. Paolo Lazzarino<br>Avv. Gianluca Massimei
FERRARI S.p.A.<br>clo NCTM Studio Legale Associato<br>Via Bissolati, n. 76<br>00187 Rome (Italy)
I, in my capacity of legal representative of ________ _<br>give the undertaking set out in the above letter and will comply with these immediately.<br>Signed: ____________ _<br>Name: ______________ _<br>Date: _____________ _
<br>ROMA VERONA LONDON<br>Via Agnello, 12<br>20121 Milano<br>Via Bissolati,76 Via di Monserrato,25<br>00187 Roma 00186 Roma<br>Stradone Porta Palio, 76<br>37122 Verona<br>BRUXELLES<br>Rue de Spa, 30<br>1000 Bruxelles<br>St Michael's House<br>I George Yard, Lombard Street<br>tel. +39 02 72551 I EC3V 9DF London<br>fax +39 02 72551501<br>tel. +39 06 6784977 tel. +3906 6810071<br>fax + 39 06 6790966 fax + 390668805488<br>tel. + 39 045 8097000<br>fax +39 045 80970 I 0<br>tel. + 32 (0) 2 2854685<br>fax +32 (0) 2 2854690 tel. +44 (0) 2073759900<br>fax +44 (0) 2079296468<br>Lo studio opera nel Regno Unito come ,NCTM LLP e in Belgio come NCTM Association d'avocats. L'elenco soci e disponibile pl-esso: www.nctm.it<br><br>
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