Legal/Infringement Notices/18 March 2010

NCTM
Studio Legale Associate

A vv. SallIe Ricci
Avv. Gabriele Consiglio
A vv. Paolo Lazzarillo
Avv. Giallluca Massimei

Rome, March 18th 2010

By e-mail at:dmcanotice@mozilla.com
By fax at: 001 6509030875
MOZILLA CORPORATION
650 Castro Street, Suite 300
Mountain View, CA 94041 U.S.A.)
To the kind attention of:
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
world-renowned manufacturer of luxury sports car, which has granted us all the necessary powers for the
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
"Personas" and "Add Ons", for the customization of the browser FIREFOX, of the mail client
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
reproducing FERRARI Cars, Trademarks, Logos, Logotypes, Designs, Models, Trade Names, although
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
"Trademarks"), the Logos (the "Logos"), the Logotypes (the "Logotypes"), the Models (the "Models"),
the Designs (the "Designs"), the Trade Names (the "Trade Names"), reproduced in such images and
pictures.

These registrations provide our client with protection against any misuse of its Trademarks,
Logos, Logotypes, Models, Designs, Trade Names and of any sign and shape that is similar to them.
We have advised our client that the unauthorised exploitation of pictures, images and any other
multi-media content reproducing Trademarks, Logos, Logotypes, Models, Designs, Trade Names and any
other distinctive signs of exclusive property of FERRARI S.p.A. and/or look alike them, constitutes an
infringement as well as passing off.

Therefore, without prejudicing or waiving rights of FERRARI to seek further remedies or
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
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;
(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;
(iii) immediately deactivate the applications "Personas" and "Add ons", 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;
(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 FERRARI S.p.A. and/or
look alike them;
(v) undertake to pay the sum of € 500,00 for each downloading of such browse themes;
(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;
(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
legal proceedings. However, please TAKE NOTICE that, if we do not receive your written confirmation
entirely agreeing to the above obligations by March 25, by way of your countersignature to the letter
below, our client will entrust our local lawyers to pursue the matter further.

Yours faithfully.
Best regards.

Avv. Santa Ricci
Avv. Gabriele Consiglio
Avv. Paolo Lazzarino
Avv. Gianluca Massimei

FERRARI S.p.A.
clo NCTM Studio Legale Associato
Via Bissolati, n. 76
00187 Rome (Italy)

I, in my capacity of legal representative of ________ _
give the undertaking set out in the above letter and will comply with these immediately.
Signed: ____________ _
Name: ______________ _
Date: _____________ _

ROMA VERONA LONDON
Via Agnello, 12
20121 Milano
Via Bissolati,76 Via di Monserrato,25
00187 Roma 00186 Roma
Stradone Porta Palio, 76
37122 Verona
BRUXELLES
Rue de Spa, 30
1000 Bruxelles
St Michael's House
I George Yard, Lombard Street
tel. +39 02 72551 I EC3V 9DF London
fax +39 02 72551501
tel. +39 06 6784977 tel. +3906 6810071
fax + 39 06 6790966 fax + 390668805488
tel. + 39 045 8097000
fax +39 045 80970 I 0
tel. + 32 (0) 2 2854685
fax +32 (0) 2 2854690 tel. +44 (0) 2073759900
fax +44 (0) 2079296468
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
******************************************

WINSTON & STRAWN LLP

ANDREW P. BRIDGES
(415) 591-1482
abridges@winston,com
101 CALIFORNIA STREET
SAN FRANCISCO, CALIFORNIA 94111-5894
(415) 591-1000
FACSIMILE (415) 591-1400
www.winston.com

March 24,2010

VIA E-MAIL: gianluca.massimei@nctm.it

Mr. Gianluca Massimei
NCTM Studio Legale Associato
Via Bissolati, n, 76
00187 Rome
Italy

Re: Mozilla CorporationlIP: Your letter for Ferrari S.p.A

Dear Mr. Massimei:

I represent Mozilla Corporation, which has asked me to respond to your letter of
18th March, which you directed to Mozilla's address for Digital Millennium Copyright Act
notifications.

The personas and add-ons that your letter refers to are the products ofMozilla
users, not Mozilla. Mozilla hosts user-generated material that it does not create, as do many
companies with an online presence. Mozilla does not charge for the user-generated content and
makes no money from it.

Mozilla takes intellectual property rights seriously and is prepared to take prompt
action to take down materials that have a proper notice of infringement made against them.
Unfortunately your letter makes claims that refer only generally to "cars, trademarks, logotypes,
designs, models, [and] trade names" of Ferrari as the basis of its intellectual property rights. The
letter also fails to identify any particular personas or add-ons that contain or constitute
infringements. This information is extremely important in order for Mozilla to assist Ferrari.
Mozilla is not in a position to maintain or consult a database (if any exists) of all marks and other
intellectual property of every company, or of any company in particular, and it is not in a
position to determine what personas or add-ons may offend rights of others. Mozilla therefore
depends on IP rights holders to identify both the specific IP right that has been violated and the
specific material or activity that violates those rights. Your letter does not provide any of that
information but simply leaves it to Mozilla to guess what actions Ferrari wants Mozilla to take.
Please send me (1) the URL of each challenged item or activity together with (2) an
identification of a specific intellectual property right (for example a mark and a corresponding
registration) that you believe the challenged item or activity infringes. Upon receipt of that
information, Mozilla will be in a position to take action on this occasion. If Mozilla does not
receive the information within 30 days, it will consider the current letter withdrawn.

For your information, here are the elements of a notification that Mozilla
normally expects from an intellectual property claimant. U.S. copyright law explicitly requires
copyright holders to provide the information. Mozilla believes that it provides a very useful
guideline for holders of other rights, such as trademark rights, as well.
o Physical or electronic signature of person sending notice
o Identification of the work claimed to be infringed or, if multiple protected works at a
single online site are covered by your notification, a representative list of works at that
site
o Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material. Generally this will
require, at a minimum, complete and accurate URL(s) of the challenged material.
o Statement that you have a good-faith belief that use oftl).e material in the manner
complained of is not authorized by the rights owner, its agent, or the law
o Statement that the information in the notification is accurate
o Statement under penalty of perjury that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed

Mozilla will need substantially all that information in order to proceed with
respect to future notices. As I stated, on this occasion only we need the information I have
identified by (1) and (2) above. Please bear in mind that, when Mozilla disables access to
material on the basis of notices of claimed infringement, Mozilla will consider a notice sender as
responsible if Mozilla incurs any liability because of its conduct in reliance on a wrongful notice.
For that reason, Mozilla urges notice senders to pay careful attention to the potential
consequences of their notices.

Mozilla stands ready to assist Ferrari as I have discussed above. Please do not
hesitate to contact me if you have any further questions.

Very truly yours,
Andrew P. Bridges

NCTM
Studio Legale Associate

Avv. Suite Ricci
Avv. Gabriele Consiglio
Avv. Paolo Lazzarino Aw. Gianluca Massimei

Rome, May 28th, 2010

By mail at: abridges@wimtott.com

Mr. Andrew P, Bridges
WINSTON&STRAWN LLP
1 01 California Street

RE: Ferrari S.p.A./Mozilla Corporation (our ref. 82274)

Dear Mr, Bridges,
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.
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:
https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas
https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas&show=20&page=2
https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas&show=20&page=3
https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas&show=20&page=4
https://addons.mozilla.org/it/thunderbird/search?q=Ferrari&cat=personas&show=20&page=5
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
https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas&show=20&page=2
https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas&show=20&page=3
https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas&show=20&page=4
https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas&show=20&page=5
https://addons.mozilla.org/it/firefox/search?q=Ferrari&cat=personas&show=20&page=6
http://www.getpersonas.com/en-US/gallery/All/search?p=ferrari&search.x=0&search.y=0
http://www.getpersonas.com/en-US/gallery/All/search/2?p=ferrari
http://www.getpersonas.com/en-US/gallery/All/search/3?p=ferrari

Please also note that:
(i) this list can not be considered exhaustive;
(ii) each of the above URL refers to web pages containing further links which enable the downloading of the various graphic themes.
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.
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.
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:

(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;
(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;
(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;
(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;
(v) undertake to pay the sum of € 500,00 for each downloading of such browse themes;
(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;
(vii) pay the sum of € 3.000,00 in contribution to our client's costs.
Our client would prefer to resolve the matter with you amicably without the need for instituting 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.

FERRARI S.p.A.
c/o NCTM Studio Legale Associate Via Bissolati, n. 76 00187 Rome (Italy)

I. in my capacity of legal representative of
give the undertaking set out in the above letter and will comply with these immediately.

Signed: Name:.
Date: _
**************************************************************************************

From: Bridges, Andrew P.
Sent: Friday, June 04, 2010 10:14 AM
To: Gianluca Massimei
Cc: Bridges, Andrew P.
Subject: Mozilla Corporation / Ferrari S.p.A.

Dear Mr. Massimei:

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.

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.

Best wishes,

Andrew Bridges

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

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;
  * An identification of the copyrighted work or works that you claim have been infringed;
  * 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;
  * Your name, address, telephone number, and email address where we can contact you; and
  * 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:
Harvey Anderson
Mozilla Corporation
650 Castro Street, Suite 300
Mountain View, CA 94041
Email: dmcanotice at mozilla dot com
Phone Number: 650-903-0800
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/).
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.