Legal/Infringement Notices/Eyeo GmbH
Denelle Dixon-Thayer
Mozilla Corporation
331 E. Evelyn Avenue
Mountain View, CA 94041
USA
Dear Ms. Dixon-Thayer,
I like to inform you about a violation of Eyeo GmbH´s IP-rights by one or more extensions 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. It feels sad that we have to do this but apparently not everyone believes in the spirit of a fair open source environment as we do.
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;
è 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. We do also own the IE extension Simple Adblock (used in the US) and Domain simple-adblock.com
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;
1) https://addons.mozilla.org/en-US/firefox/addon/simple-adblock/
Reasons:
The author was contacted some weeks ago and asked 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.
He replied and agreed. Despite several follow-up emails from our side, we never heard back from him and no modification was done.
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
(see user comment: "Wips software tracks what youre browsing and sends it to a Czechoslovakian server to be collected and sold to the highest bidder. google 'wips spyware' and educate yourself"
and also:
“more wips.com extensions to look out for... https://addons.mozilla.org/en-US/firefox/search/?q=wips.com
More information on how WIPS.COM TRACKS AND SELLS YOUR PERSONAL DATA...
www.howtogeek.com 
Warning: Your Browser Extensions Are Spying On You
The internet exploded Friday with the news that Google Chrome extensions are being sold and injected with adware. But the little-known and much more important fact is that your extensions are spying on you and selling your browsing history to shady corporations. HTG investigates.”
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 by just having a P removed at the end.
3) Its confusingly similar to our domain and app simple-adblock (simple-adblock.com)
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).
2) Its fraudulent! Their privacy policy is not compliant with EU law. If personal third party information are sold, the seller has to have the EXPLICIT consent of the relevant person. This is not the case here. The user comments also clearly show that the users are not OK with that behavior.
Therefore: This app should be removed by Mozilla.
If you need any more details please let me know.
2) https://addons.mozilla.org/de/firefox/addon/simpleblock/
The logo used to promote this app is confusingly similar to our protected APB logo. For more details see above.
3) https://addons.mozilla.org/en-US/firefox/addon/osm-adblocker
The logo used to promote this app is confusingly similar to our protected APB logo. For more details see above.
4) https://addons.mozilla.org/de/firefox/addon/adblock-lite
The app is called Adblock++ Lite . It is confusingly similar to our protected Adblock Plus TM. For more details see above.
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 complaints.
Kind regards
RA Kai Recke
General Counsel
Eyeo GmbH
Im Klapperhof 7-23, 50670 Cologne, Germany
Fon: +49 (0) 221-6306960-9
Fax: +49 (0) 221 -6306960-5
VAT-ID: DE279292414, District Court Cologne: HRB 73508
Managing Directors: Wladimir Palant, Till Faida
www.eyeo.com
