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(Note: I'm reorganizing this list and moving each notice to individual wiki pages for better organization, starting with the oldest. The current list (and the new one) are in reverse chronological order. When a date is missing from the notice, I'm using the name or company name of the notice instead)
* [[Legal/Infringement Notices/31 March 2010|31 March 2010]] - Miranda Adria* [[Legal/Infringement Notices/Donia Al khatib|Donia Al khatib]]* [[Legal/Infringement Notices/Elizabeth Rupp|Elizabeth Rupp]]* [[Legal/Infringement Notices/Sayaka Fujita|Sayaka Fujita]]* [[Legal/Infringement Notices/Ferret Company|Jeanne Carley's Ferret Company]]* [[Legal/Infringement Notices/23 March 2010|23 March 2010]] - Keara Contartesi* [[Legal/Infringement Notices/19 March 2010|19 March 2010]] - John Wayne* [[Legal/Infringement Notices/18 March 2010 2|18 March 2010]] - Rachel Anderson* [[Legal/Infringement Notices/18 March 2010|18 March 2010]] - Ferrari
* [[Legal/Infringement Notices/17 March 2010|17 March 2010]] - NBA
* [[Legal/Infringement Notices/13 March 2010|13 March 2010]] - NBC Universal
Burberry Limited<br>Horseferry House<br>Horseferry Road<br>London SW1P 2AW
Tel: +44 (0) 203 367 3451<br>Fax: +44 (0) 203 367 4909 <br><br> <br> ---- <br> Hello,<br> <br>Here's the full statement:<br> <br>"I believe in good faith that the use of the material that I claim infringes on my copyright is not authorized by law. All of the information contained in my DMCA Notice is accurate, and under penalty of perjury, that I am the owner of the exclusive copyright right that is being infringed."<br> <br>Thank you,<br>Miranda <br>______________________________________ Miranda Adria @ http://www.mirandaadria.com <br> <br>> Date: Wed, 31 Mar 2010 16:39:39 -0700<br>> From: ecompton@mozilla.com<br>> To: neugotisch@hotmail.com<br>> Subject: Re: Copyright Violation<br>><br>> Dear Ms. Barredo,<br>><br>> Thank you for your email. Before we can take any action on your request, we need to receive a notice that complies with the requirements of the DMCA. You can find those requirements by scrolling down to the Digital Millennium Copyright Act Notice section on this page: http://www.mozilla.com/en-US/about/legal.html. In particular, you must include a statement (i) that you believe in good faith that the use of the material that you claim infringes your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) that all of the information contained in your DMCA Notice is accurate, and under penalty of perjury, that you are either the owner of, or a person authorized to act on behalf of an owner of, the exclusive copyright right that is being infringed.<br>><br>> Once we receive a DMCA compliant notice we will take down the reported Persona and forward your notice to the person who posted it.<br>><br>> Sincerely,<br>><br>> Liz Compton<br>> Mozilla<br>><br>> ----- Original Message -----<br>> From: "Miranda Adria" <neugotisch@hotmail.com><br>> To: dmcanotice@mozilla.com<br>> Sent: Wednesday, March 31, 2010 4:01:34 PM<br>> Subject: Copyright Violation<br>><br>> Hello,<br>><br>> My name is Cristina Barredo d/b/a Miranda Adria. I am writing to report the theft of one of my images, which was used to create a Mozilla Persona without my permission.<br>><br>> My hand-written and scanned signature is attached as an image to this email.<br>><br>> Here is the work that was stolen from me: http://bitchinblack.deviantart.com/art/BLACK-MAGIC-WOMAN-73954652<br>> Here is the link where the infringing upload is located: http://www.getpersonas.com/en-US/persona/86358<br>><br>> My full information is as follows:<br>><br>> Cristina Maria Barredo<br>> [street address removed]<br>> Jupiter, FL 33458<br>><br>> Cell: [phone number removed]<br>> Email: neugotisch@hotmail.com<br>><br>> I, in good faith as the owner of copyright to this particular image, did not allow this person to alter my work and create a Mozilla Persona with it. Therefore, this Persona infringes on my copyright.<br>><br>> Please remove it ASAP<br>><br>> Thank you,<br>> Miranda<br>><br>> ______________________________________<br>><br>> Miranda Adria @ http://www.mirandaadria.com <br> <br> ---- <br> I'm writing you to inform you that this persona http://www.getpersonas.com/en-US/persona/5473 is based on an image of mine that can be found on my deviantart account http://donia.deviantart.com/art/Kyoko-Wallpaper-8910489 and that I've published on July 2004.<br>Since the author didn't ask me for permission and my name has been cut out of the image I'm asking you to remove it as soon as possibile. I believe in good faith that the use of the material that infringes my copyright is not authorized by law, or by me; and all of the information contained in my DMCA Notice is accurate, and under penalty of perjury, I'm the owner of the exclusive copyright right that is being infringed.. <br>Thank you<br>Donia Al khatib [street address removed]<br>00176 - Roma<br>Italy<br>[phone number removed]<br><br> ---- <br> To Whom It May Concern, I, Elizabeth Rupp, certify under penalty of perjury, that I am the owner of certain intellectual property rights. The items or materials listed below are not authorized for use at the domain of ([infringing website domain here]) and therefore infringes my rights as copyright owner. I hereby demand that you act expeditiously to remove or disable access to the material or items claimed to be infringing. Infringing material that I demand be disabled or removed in consideration of the above: http://www.getpersonas.com/en-US/persona/84813 Location of ORIGINAL WORKS: http://wildspiritwolf.deviantart.com/art/Veterinary-Shield-Wolf-Tattoo-100475379 This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future. Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately. I am providing this notice in good faith and with the reasonable belief that the rights I own are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved. Should you wish to discuss this with me please contact me directly. Thank you. Elizabeth Rupp<br>[street address removed]<br>Aurora, IL 60505
<br>[phone number removed]
<br>Simbacub32@aol.com<br> <br> ---- <br> 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&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&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> ---- <br> 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, One of my copyrighted images (a ferret with bunny ears) is being used<br>illegally here: https://addons.mozilla.org/en-US/firefox/search?q=ferret&cat=personas&appid=1&pp=5 I 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. To 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. Thank you, <br>Jeanne Carley<br>Jeanne Carley's Ferret Company<br>http://www.ferretcompany.com<br>P.O. Box 7161<br>Redwood City, CA 94063<br>650 851-3750<br>jeanne@ferretcompany.com<br><br> ---- <br> The copyrighted work at issue is the image that appears in the Persona "Retro Notes" and it was uploaded by user "Listig" on 6/22/2009. The URL where the copyrighted material is located is here: http://www.getpersonas.com/en-US/persona/32757 You can reach me at enju001@gmail.com for further information or clarification. My phone number is [phone number removed] and my mailing address is [street address removed], Columbia, SC 29210. I, Keara Contartesi, believe in good faith that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that 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. Keara Contartesi<br>March 23, 2010<br> <br> ---- <br> SOVICHMINCH 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> Re : Unauthorized Use o f John Wayne Intellectual Property. Dear Mr. Anderson, This firm represents John Wayne Enterprises, 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 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") 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 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. Please know that the above disputed use(s) are not authorized nor licensed by the<br>copyright/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. Thank you for your prompt attention to this matter. I look forward to your<br>immediate reply so that this matter can be resolved in an amicable and expeditious<br>manner. I may be reached directly via email atcmsovich@sovichminch.com. via fax<br>at (317) 335-3602 or via telephone at (317) 335-3601 x 102. Nothing 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. Cordially, <br>Christine M. Sovich, Esq.<br>Sovich Minch LLP cc: Mr. Ethan Wayne, President / John Wayne Enterprises<br>Ms. Sherry Leysen, Licensing Director / John Wayne Enterprises<br><br> ---- <br> Dear Liz, Yes, under penalty of perjury, I am the owner of the exclusive copyright right that is being infringed. I appreciate your quick response. Sincerely,<br>Rachel Anderson <br>On Thu, Mar 18, 2010 at 5:05 PM, Elizabeth Compton <ecompton@mozilla.com> wrote: Dear Rachel, 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. Sincerely, Liz Compton<br> Mozilla ---- Original Message -----<br> From: "Rachel Anderson" <silverstars1@gmail.com><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> ---- <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> WINSTON & STRAWN LLP<br><br>ANDREW P. BRIDGES<br>(415) 591-1482<br>abridges@winston,com<br>101 CALIFORNIA STREET<br>SAN FRANCISCO, CALIFORNIA 94111-5894<br>(415) 591-1000<br>FACSIMILE (415) 591-1400<br>www.winston.com<br><br> March 24,2010<br><br> VIA E-MAIL: gianluca.massimei@nctm.it<br><br> Mr. Gianluca Massimei<br>NCTM Studio Legale Associato<br>Via Bissolati, n, 76<br>00187 Rome<br>Italy<br><br> Re: Mozilla CorporationlIP: Your letter for Ferrari S.p.A<br><br> Dear Mr. Massimei:<br><br>I represent Mozilla Corporation, which has asked me to respond to your letter of<br>18th March, which you directed to Mozilla's address for Digital Millennium Copyright Act<br>notifications.<br><br> The personas and add-ons that your letter refers to are the products ofMozilla<br>users, not Mozilla. Mozilla hosts user-generated material that it does not create, as do many<br>companies with an online presence. Mozilla does not charge for the user-generated content and<br>makes no money from it.<br><br> Mozilla takes intellectual property rights seriously and is prepared to take prompt<br>action to take down materials that have a proper notice of infringement made against them.<br>Unfortunately your letter makes claims that refer only generally to "cars, trademarks, logotypes,<br>designs, models, [and] trade names" of Ferrari as the basis of its intellectual property rights. The<br>letter also fails to identify any particular personas or add-ons that contain or constitute<br>infringements. This information is extremely important in order for Mozilla to assist Ferrari.<br>Mozilla is not in a position to maintain or consult a database (if any exists) of all marks and other<br>intellectual property of every company, or of any company in particular, and it is not in a<br>position to determine what personas or add-ons may offend rights of others. Mozilla therefore<br>depends on IP rights holders to identify both the specific IP right that has been violated and the<br>specific material or activity that violates those rights. Your letter does not provide any of that<br>information but simply leaves it to Mozilla to guess what actions Ferrari wants Mozilla to take.<br>Please send me (1) the URL of each challenged item or activity together with (2) an<br>identification of a specific intellectual property right (for example a mark and a corresponding<br>registration) that you believe the challenged item or activity infringes. Upon receipt of that<br>information, Mozilla will be in a position to take action on this occasion. If Mozilla does not<br>receive the information within 30 days, it will consider the current letter withdrawn.<br><br> For your information, here are the elements of a notification that Mozilla<br>normally expects from an intellectual property claimant. U.S. copyright law explicitly requires<br>copyright holders to provide the information. Mozilla believes that it provides a very useful<br>guideline for holders of other rights, such as trademark rights, as well.<br>o Physical or electronic signature of person sending notice<br>o Identification of the work claimed to be infringed or, if multiple protected works at a<br>single online site are covered by your notification, a representative list of works at that<br>site<br>o Identification of the material that is claimed to be infringing or to be the subject of<br>infringing activity and that is to be removed or access to which is to be disabled, and<br>information reasonably sufficient to permit us to locate the material. Generally this will<br>require, at a minimum, complete and accurate URL(s) of the challenged material.<br>o Statement that you have a good-faith belief that use oftl).e material in the manner<br>complained of is not authorized by the rights owner, its agent, or the law<br>o Statement that the information in the notification is accurate<br>o Statement under penalty of perjury that you are authorized to act on behalf of the owner<br>of an exclusive right that is allegedly infringed<br><br> Mozilla will need substantially all that information in order to proceed with<br>respect to future notices. As I stated, on this occasion only we need the information I have<br>identified by (1) and (2) above. Please bear in mind that, when Mozilla disables access to<br>material on the basis of notices of claimed infringement, Mozilla will consider a notice sender as<br>responsible if Mozilla incurs any liability because of its conduct in reliance on a wrongful notice.<br>For that reason, Mozilla urges notice senders to pay careful attention to the potential<br>consequences of their notices.<br><br>Mozilla stands ready to assist Ferrari as I have discussed above. Please do not<br>hesitate to contact me if you have any further questions.<br><br> Very truly yours,<br>Andrew P. Bridges<br> ***************************************<br> NCTM<br>Studio Legale Associate<br> Avv. Suite Ricci<br>Avv. Gabriele Consiglio<br>Avv. Paolo Lazzarino Aw. Gianluca Massimei <br>Rome, May 28th, 2010 <br>By mail at: abridges@wimtott.com <br>Mr. Andrew P, Bridges <br>WINSTON&STRAWN LLP<br>1 01 California Street <br>RE: Ferrari S.p.A./Mozilla Corporation (our ref. 82274) <br>Dear Mr, Bridges,<br>by this letter in the name and on behalf of FERRARI S.p.A, (FERRARI) of Maranello, following your previous e-mail dated March 24, 2010, we wish to represent you as follows.<br>With reference to your request n. 1, please find hereunder the URL of some of the web pages where are published images reproducing Trademarks, Logos, Logotypes, the Models, Designs, Trade Names of FERRARI:<br>https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas<br>https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas&show=20&page=2<br>https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas&show=20&page=3 <br>https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas&show=20&page=4<br>https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas&show=20&page=5<br>https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas&show=20&page=6 https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas<br>https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas&show=20&page=2<br>https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas&show=20&page=3<br>https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas&show=20&page=4<br>https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas&show=20&page=5<br>https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas&show=20&page=6<br>http://www.getpersonas.com/en-US/gallery/All/search?p=ferrari&search.x=0&search.y=0<br>http://www.getpersonas.com/en-US/gallery/All/search/2?p=ferrari<br>http://www.getpersonas.com/en-US/gallery/All/search/3?p=ferrari Please also note that:<br>(i) this list can not be considered exhaustive;<br>(ii) each of the above URL refers to web pages containing further links which enable the downloading of the various graphic themes.<br>According to your request n. 2, as you may know, FERRARI is the registered owner of a considerable number of Trademarks, Logos, Logotypes, the Models, Designs, Trade Names.<br>For such reason, is not possible to indicate all the IPRs (Intellectual Property Rights) illegitimately reproduced in the images used for the "Add-ons" and "Personas" services . In any case, please find attached some short-lists of the principal Trademarks, Logos, Logotypes, the Models, Designs, Trade Names of exclusive property of FERRARI, with a specific reference to the US market.<br>To this purpose you can also consult the data banks both of the International Organizations and Agencies specialized in IPRs. in particular WIPO (World Intellectual Property Organization) and OHIM (Office of Harmonization for the Internal Market - Furopean Union), and of the National Patent and Trademark Offices. Therefore, without prejudicing or waiving rights of FERRARI to seek further remedies or relief, we DEMAND again your client to comply with the following: <br>(i) immediately remove from each of your web sites all the pictures, images and any other multi-media content reproducing Trademarks, Logos, Logotypes, Models, Designs, Trade Names and any other distinctive sign of exclusive property of FERRARI S.p.A, and/or look alike them;<br>(ii) immediately and forever desist from any use of Trademarks, Logos, Logotypes, Models Designs, Trade Names and any other distinctive sign of exclusive property of FERRARI S.p.A. and/or look alike them;<br>(iii) immediately deactivate the applications "Personas** and "Add cms", and any other which enables the downloading of images, pictures and any other multi-media content reproducing Trademarks, Logos, Logotypes. Models, Designs, Trade Names and any 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 identity of the subjects involved in the realization of the images, pictures and any other multi-media content reproducing Trademarks, Logos, Logotypes. Models, Designs, Trade Names and any other distinctive signs of exclusive property of FKRRARI S.p.A. and/or 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) by you or by any entity under your control or associated to you, reserved the right to ask for a further compensation;<br>(vii) pay the sum of € 3.000,00 in contribution to our client's costs.<br>Our client would prefer to resolve the matter with you amicably without the need for instituting legal proceedings. However, please TAKE NOTICE that, if we do not receive your written confirmation entirely agreeing to the above obligations by June 4th 2010, by way of your countersignature to the letter below, our client will entrust our local lawyers to pursue the matter further. Yours faithfully. <br> FERRARI S.p.A.<br>c/o NCTM Studio Legale Associate Via Bissolati, n. 76 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: Name:.<br>Date: _<br>**************************************************************************************<br> From: Bridges, Andrew P.<br>Sent: Friday, June 04, 2010 10:14 AM<br>To: Gianluca Massimei<br>Cc: Bridges, Andrew P.<br>Subject: Mozilla Corporation / Ferrari S.p.A. <br> Dear Mr. Massimei: <br> Mozilla Corporation has disabled access to the persona files that you identified in your May 28 letter. For future reference, the most effective way to transmit requests for deletion of files is set forth on the Mozilla web site at http://www.mozilla.com/en-US/about/legal.html. I have placed a copy of the relevant provisions underneath my signature block below for your handy reference. <br> If Ferrari S.p.A. has any further concerns, Mozilla would be pleased to set up a discussion between our clients’ respective business personnel at Ferrari’s request. <br> Best wishes, <br> Andrew Bridges <br> Andrew P. Bridges Winston & Strawn LLP 101 California Street, 39th Floor San Francisco, California 94111 USA tel +1 415 591 1482 fax +1 415 591 1400 mobile +1 415 420 1482 www.winston.com/abridges abridges@winston.com<br> Digital Millennium Copyright Act Notice If you are a copyright owner or an agent of a copyright owner and believe that content available by means of one of Mozilla’s websites infringes one or more of your copyrights, please immediately notify Mozilla's Copyright Agent by means of emailed, mailed, or faxed notice ("DMCA Notice") and include the information described below. You can review 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act for authoritative detail, or consult your own attorney if you need assistance. If Mozilla takes action in response to a DMCA Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Mozilla. You may be held liable for damages based on certain material misrepresentations contained in a DMCA Notice. Thus, if you are not sure content located on or linked to by the website infringes your copyright, you should consider first contacting an attorney. All DMCA Notices should include the following: *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;<br> * An identification of the copyrighted work or works that you claim have been infringed;<br> * 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;<br> * Your name, address, telephone number, and email address where we can contact you; and<br> * A statement by you: (i) that you believe in good faith that the use of the material that you claim infringes your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) that all of the information contained in your DMCA Notice is accurate, and 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. Mozilla's designated Copyright Agent to receive notifications of claimed infringement is as follows:<br>Harvey Anderson<br>Mozilla Corporation<br>650 Castro Street, Suite 300<br>Mountain View, CA 94041<br>Email: dmcanotice at mozilla dot com<br>Phone Number: 650-903-0800<br>Fax: 650-903-0875 If you fail to comply with all of the requirements of a DMCA notice, Mozilla may not act upon your notice. Mozilla will terminate a user's account if, under appropriate circumstances, they are determined to be a repeat infringer. The contact information provided above also applies to notices that are based on non-U.S. copyrights or trademarks. Only DMCA Notices, Trademark Notices (which are defined below), and international copyright or trademark notices should go to the copyright agent. Any other feedback, comments, requests for technical support, and other communications should be directed to personas at mozilla dot com (if related to Personas) or http://support.mozilla.com (for support). Please be advised that any DMCA Notices sent to Mozilla may be sent to third parties (including the accused) and posted on the Internet (including at http://www.chillingeffects.org/).<br>Trademark Notices If you are a trademark owner or an agent of a trademark owner and believe that content available by means of one of Mozilla’s websites infringes one or more of your trademarks, please immediately notify Mozilla's Copyright Agent by means of emailed, mailed, or faxed notice ("Trademark Notice") and include the information described above for DMCA notices. Mozilla handles notices it receives of trademark violations via a process very similar to the DMCA Notice process that is described above for copyrights. In addition to the DMCA Notice requirements, Mozilla requires that the entire Trademark Notice be made by the trademark owner (or her agent) under penalty of perjury.<br><br>
