Legal/Infringement Notices/Play First

PlayFirst, Inc.
303 2nd St Ste 520, North Tower
San Francisco, CA 94107

Notice of Copyright & Trademark Infringement

February 11, 2014

SENT VIA E-MAIL

Mozilla Corporation
Dmcanotice@mozilla.com

RE: DMCA Notice re PlayFirst, Inc.’s Copyright and Trademark

Dear Sir or Madam,

I write on behalf of PlayFirst, Inc. (“PlayFirst”) to submit a copyright and trademark infringement notification regarding developer Playtouch’s application, Café Paris which has infringed upon PlayFirst’s copyrighted and trademarked rights. Please find the requested information below per Mozilla’s DMCA Notice and Trademark Notice requirements.

1. Electronic Signature
Hung Chang
Attorney for PlayFirst, Inc.
I ,Hung Chang, represent that I am attorney for and is authorized to act behalf of the exclusive owner, PlayFirst, of the allegedly infringed upon copyright and trademark interest.

2. Intellectual Property Rights Infringed

PlayFirst has enjoyed the full protection under all applicable copyright laws as registrant with the United States Copyright Office under registration numbers including but not limited to TX0006353444 (Diner Dash), PA0001610237 (Cooking Dash), TX0006419388 (Dinner Dash 2: Restaurant rescue), TX0006483889 (Diner Dash: Flo on the go), VA0001381322 (Flo (as appears in Dinner Dash)), VA0001381320 (Flo (as appears in Diner Dash 2: Restaurant Rescue)).

PlayFirst also owns the following registered trademarks:

PLAYFIRST (U.S. Reg. No. 78728393), DASH (U.S. Reg. No. 3,719,384), DASH (U.S. Reg. No. 3,719,385), DINER DASH (U.S. Reg. 3,127,997), WEDDING DASH (U.S. Reg. No. 3,386,893), FITNESS DASH (U.S. Reg. No. 3,5 55,176), PARKING DASH (U.S. Reg. No. 3,555,175), COOKING DASH (U.S. Reg. No. 3, 555,174), DINER DASH FLO ON THE GO (U.S. Reg. No. 3,520,560), FASHION DASH (U .S. Reg. No. 3,555,167), DIAPER DASH (U.S. Reg. No. 3,617,222), DAIRY DASH (U.S. Reg. No. 3,513,966), DOGGIE DASH (U.S. Reg. No. 3,541,440), and DINER DASH SIZZLE & SERV E (U.S. Reg. No. 3,528,090). In addition, DINER DASH is a registered trademark in Canada (TMA677,886), the E.U. (CTM Reg. No. 4483541), Japan (Reg. No. 5002947), and Korea (Reg. No. 40-0728617).

PlayFirst has also built the “Dash” franchise into one of the most successful application franchises with three top 100 Gross Ga mes: Diner Dash®, Cooking Dash®, and Wedding Dash®, which together totaled over 100 million play sessions to-date in 2010. In addition, Diner Dash now boasts more than half-a -billion downloads. As such, PlayFirst has built a very strong and world-renowned bra nd around DASH, which covers video games and iPhone Apps across a wide variety of genres.

3. Description of Infringing Material

Playtouch’s application, Café Paris, made unauthorized use of PlayFirst’s copyrighted intellectual property by, including but not limited to, use of look-alike characters, graphics and gameplay found in its DASH game series. The harm done to PlayFirst is further worsened by the developer’s trademark infringement by use of a developer name that is likely to cause customer’s confusion as PlayFirst’s affiliation, connection or sponsorship of the infringing app.

The above referenced app, Café Paris, is available for download at: https://marketplace.firefox.com/app/cafe-paris?src=featured.

4. Contact Information

Hung Chang, Esq.
303 2nd St Ste 520, North Tower
San Francisco, CA 94107
(415) 848-5800
hung@playfirst.com

I have good faith belief that the disputed use identified above is not authorized by the copyright owner, its agent, or the law.

I, Hung Chang, state under the under penalty of perjury, that the above information in the notice is accurate and that I am authorized to act on behalf of PlayFirst, Inc. the exclusive owner of the infringed rights listed above.

For these reasons, please act expeditiously to take down the infringing app identified in Section 3. Please feel free to contact me directly if you have any questions.

Thank you.

Respectfully,
Hung Chang
Attorney for PlayFirst, Inc.