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Legal/Infringement Notices

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SOVICHMINCH LLP LEGAL AND PROFESSIONAL COUNSELORS 10099 Chesapeake Drive, Suite 100, McCordsville, Indiana 46055 Telephone: 317.335.3601 Facsimile: 317.335.3602 WWW.SOVICHMINCH.COM

Via Email; Fax and First Class Mail March 19, 2010 Mr. Harvey Anderson Mozilla Corporation 650 Castro Street, Suite 300 Mountain View, CA 94041

Re : Unauthorized Use o f John Wayne Intellectual Property.

Dear Mr. Anderson,

This firm represents John Wayne Enterprises, LLC ("JWE"), proprietor of the trademarks, rights of association, sponsorship and endorsement as well as the rights of publicity in and to the globally recognized celebrity, the late John Wayne and is so registered as the successor-in-interest with the office of the Secretary of State of California in accordance with the requirements of California Civil Code Section 990, 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 arising out of or relating to the unauthorized use of John Wayne's rights of publicity, including, but not limited to his name, image, likeness, signature, voice and persona and any and all other rights appurtenant thereto, (such as trademarks, service marks, copyrights and rights under the laws of unfair competition) conferred by statute, federal and/or common law, or in equity. JWE also is the proprietor of federal copyright registrations for the various quotes of the late John Wayne as well as trademark registrations in and to the name John Wayne (collectively "JW Property")

We have recently been informed that the following seller is impermissibly creating, selling and/or offering for sale various "personas" featuring the JWE Property. More specifically, the infringing content is located on your site in the following locations / by the following sellers: http://www.getpersonas.com/en-US/persona/68147 by a mrmason.

Such unauthorized use of the aforementioned protected intellectual property is in contravention to JWE's aforementioned rights and must be addressed. To that end, 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 copyright/trademark owner, i.e. JWE, its agent, or the law. Further, I aver, under penalty of perjury, that the above information is accurate and that I am authorized 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 immediate reply so that this matter can be resolved in an amicable and expeditious manner. I may be reached directly via email atcmsovich@sovichminch.com. via fax 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 rights or remedies at law or in equity of John Wayne Enterprises, LLC, all of which are hereby expressly reserved.

Cordially, Christine M. Sovich, Esq. Sovich Minch LLP

cc: Mr. Ethan Wayne, President / John Wayne Enterprises Ms. Sherry Leysen, Licensing Director / John Wayne Enterprises

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~~VIA E-MAIL (dmcanotice~~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, Rachel Anderson 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.

~~March 17~~Sincerely, ~~2010~~

Liz Compton ~~Re: Unauthorized Use of NBA Intellectual Property~~Mozilla

----- Original Message ----- From: "Rachel Anderson" <silverstars1@gmail.com> To ~~Whom It May Concern~~:dmcanotice@mozilla.com Sent: Thursday, March 18, 2010 9:53:34 AM 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 Â§ 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: A painting that I created and is copyright to me titled Pixie Dust. 2. The material appears at this website address: http://www.getpersonas.com/en-US/gallery/Designer/oldphotogurl 3. The material appears on my Official Web site at this address: Pixie Dust - http://www.silverstars.us/go/view.php?image=artwork/pixie_dust.jpg 4. My contact information is as follows: Rachel Anderson P.O. Box 3896 Ithaca, NY 14852 607-592-0411 (My agent) 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 http://silverstars.us ---- 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 ---- VIA E-MAIL (dmcanotice@mozilla.com) March 17, 2010 Re: Unauthorized Use of NBA Intellectual Property To Whom It May Concern: I write on behalf of NBA Properties, Inc. (“NBAP”) in connection with the unauthorized use of intellectual property belonging to the National Basketball Association (the “NBA”) and its member teams used prominently in FireFox personas (“the Infringing Content”).

NBAP maintains the exclusive worldwide right to license for commercial and promotional purposes all intellectual property of the NBA and its member teams, including but not limited to, the words, names, nicknames, identifying slogans, symbols, emblems, uniform designs, logos, game action photographs, game action video, trade dress colors, and other identifications of the NBA and its member teams, including the Los Angeles Lakers and Miami Heat (collectively, “NBA Intellectual Property”). No commercial use can be made of NBA Intellectual Property without the prior written consent of NBAP.

The Infringing Content features NBA Intellectual Property, including, the NBA and its member teams logos.

The Infringing Content is being made available for download without authorization at:

L.A. Lakers V1.0 http://www.getpersonas.com/en-US/persona/76763

Detroit Pistons NBA Revised http://www.getpersonas.com/en-US/persona/81530

Los Angeles Lakers http://www.getpersonas.com/en-US/persona/87858

Boston Celtics NBA http://www.getpersonas.com/en-US/persona/91188

NBA Chicago Bulls http://www.getpersonas.com/en-US/persona/99424

Detroit Pistons NBA v2 http://www.getpersonas.com/en-US/persona/95489

the los angeles lakers http://www.getpersonas.com/en-US/persona/105620

NBA True Blue http://www.getpersonas.com/en-US/persona/102005

NBA Team Shirts http://www.getpersonas.com/en-US/persona/107699

sct nba http://www.getpersonas.com/en-US/persona/116166

Accordingly, we ask that you immediately remove the unauthorized use of NBA Intellectual Property on or in connection with the Infringing Content, including the immediate removal of the themes from the FireFox website.

I have good faith that use of the material in the manner complained of is not authorized by the NBA, NBA Properties, Inc, its agents or the law, and that the information in this notice is accurate.

I declare under penalty or perjury under the laws of the United States of America that I am authorized to act on behalf of all the aforementioned entities.

If you have any questions, please contact me and the information provided above.

Sincerely,

Ayala Deutsch Senior Counsel & Chief Intellectual Property Chief NBA Properties, Inc. 645 Fifth Avenue New York, NY 10022 Email: dmca@nba.com

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~~-----~~BEGIN PGP SIGNED MESSAGE----- Hash: SHA1

Reference ID No. 14-20878082

You are being contacted on behalf of NBC Universal and its affiliates ("NBC Universal") because your Internet account was identified as having been used recently to illegally copy and/or distribute the copyrighted movies and/or television shows listed at the bottom of this letter. This notice provides you with the information you need in order to take immediate action that can prevent serious legal and other consequences. These actions include:

1. Stop downloading or uploading any film or TV shows owned or distributed by NBC Universal without authorization; and

2. Permanently delete from your computer(s) all unauthorized copies you may have already made of these movies and TV shows. The illegal downloading and distribution of copyrighted works are serious offenses that carry with them the risk of substantial monetary damages and, in some cases, criminal prosecution.

Copyright infringement also violates your Internet Service Provider's terms of service and could lead to limitation or suspension of your Internet service.

An industry website, www.respectcopyrights.org, offers step-by-step instructions to ensure that your Internet account is not being used to violate the copyright laws. The site also can point you to an array of legal choices for enjoying movies and TV shows online. You can also learn there how movie theft damages our economy and costs thousands of Americans their jobs.

If, after visiting www.respectcopyrights.org you still have questions, or if you believe you have received this notice in error, you may contact NBC Universal by email at antipiracy@nbcuni.com or by calling (818) 777-4876. Please cite the Reference ID noted at the top of this letter in the subject line of any email or voicemail you may leave. You should take immediate action to prevent your Internet account from being used for illegal activities. Today, there are many ways to enjoy movies and TV programs legally. The undersigned has a good faith belief that use of the NBC Universal Property in the manner described herein is not authorized by NBC Universal, its agent or the law. The information contained in this notification is accurate. Under penalty of perjury, the undersigned is authorized to act on behalf of NBC Universal with respect to this matter.

~~This letter is not~~ The undersigned has a ~~complete statement~~ good faith belief that use of the NBC Universal~~'s rights~~ Property in ~~connection with this matter~~the manner described herein is not authorized by NBC Universal, ~~and nothing~~ its agent or the law. The information contained ~~herein constitutes an express or implied waiver~~ in this notification is accurate. Under penalty of ~~any rights~~perjury, ~~remedies or defense, all~~ the undersigned is authorized to act on behalf of ~~which are expressly reserved~~NBC Universal with respect to this matter.

~~Sincerely~~This letter is not a complete statement of NBC Universal's rights in connection with this matter,and nothing contained herein constitutes an express or implied waiver of any rights, remedies or defense, all of which are expressly reserved.

~~Mark Ishikawa CEO~~Sincerely, ~~BayTSP inc. c/o NBC Universal Anti-Piracy Technical Operations 100 Universal City Plaza Universal City, CA 91608~~

~~tel~~Mark Ishikawa CEO, BayTSP inc. ~~(818) 777~~ c/o NBC Universal Anti-~~4876~~Piracy Technical Operations ~~fax (818) 866-2026~~100 Universal City Plaza ~~antipiracy@nbcuni.com~~Universal City, CA 91608

tel. (818) 777-4876 *pgp public key is available on the key server at http://pgp.mitfax (818) 866-2026 antipiracy@nbcuni.~~edu~~com

** For any correspondence regarding this case, please send your emails to antipiracy@nbcuni.com and refer to Notice IDpgp public key is available on the key server at http: ~~14-20878082~~//pgp. ~~If you need immediate assistance or if you have general questions please call the number listed above~~mit.edu

Title: Couples Retreat Infringement Source: BitTorrent Initial Infringement Timestamp: 13 Mar 2010 03:04:53 GMT Recent Infringement Timestamp: 13 Mar 2010 03:04:53 GMT Infringing Filename: Couples Retreat[ENG]DVDrip[2009]-aXXo**For any correspondence regarding this case, please send your emails to antipiracy@nbcuni.~~avi Infringing File size~~com and refer to Notice ID: ~~714080258 Infringers IP Address: 63.245.220.224 Infringers DNS Name: guest~~14-~~224~~20878082.mvIf you need immediate assistance or if you have general questions please call the number listed above.~~mozilla.com Bay ID: adbde0ca3a3a351c3043417f9be060a21bfb6585|714080258 Port ID: 13974~~

Title: Couples Retreat Infringement Source: BitTorrent Initial Infringement Timestamp: 13 Mar 2010 03:04:53 GMT Recent Infringement Timestamp: 13 Mar 2010 03:04:53 GMT Infringing Filename: Couples Retreat[ENG]DVDrip[2009]-aXXo.avi Infringing File size: 714080258 Infringers IP Address: 63.245.220.224 Infringers DNS Name: guest-224.mv.mozilla.com Bay ID: adbde0ca3a3a351c3043417f9be060a21bfb6585|714080258 Port ID: 13974

- ---Start ACNS XML <?xml version="1.0" encoding="iso-8859-1"?>

<Infringement xmlnssi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="http://mpto.unistudios.com/xml/Infringement_schema.xsd"> <Case> <ID>20878082</ID> <Status>Open</Status> </Case> <Complainant> <Entity>NBC Universal</Entity> <Contact>Mark M. Ishikawa, c/o NBC Universal Anti-Piracy Technical Operations</Contact> <Address>100 Universal City Plaza, Universal City, California 91608 United States of America</Address> <Phone>818-777-4876,818-866-2026</Phone> <Email>antipiracy@nbcuni.com</Email> </Complainant> <Service_Provider> <Entity>Mozilla Corporation</Entity> <Address></Address> <Email>dmcanotice@mozilla.com</Email> </Service_Provider> <Source> <TimeStamp>2010-03-13T03:04:53.000Z</TimeStamp> <IP_Address>63.245.220.224</IP_Address> <Port>13974</Port> <DNS_Name>guest-224.mv.mozilla.com</DNS_Name> <Type>BitTorrent</Type> <UserName></UserName> <Number_Files>1</Number_Files> <Deja_Vu>No</Deja_Vu> </Source> <Content> <Item> <Title>Couples Retreat</Title> <FileName>Couples Retreat[ENG]DVDrip[2009]-aXXo.avi</FileName> <FileSize>714080258</FileSize> <URL>http://tracker.publicbt.com:80/announce</URL> </Item> </Content> </Infringement> - ---End ACNS XML -----BEGIN PGP SIGNATURE----- Version: 8.0

iEYEARECAAYFAkuesF4ACgkQvmTY1IeHkqERugCgoJAtVip9fLD5utT5ja+CN24C syYAoKUotvC7YhaQeLyRaNA0AyIpIVL3 =bkgz -----END PGP SIGNATURE-----

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Electronic Notice of Claimed Infringement ~~Date: 03/12/10~~

~~Harvey Anderson Mozilla Corporation 650 Castro Street, Suite 300 Mountain View, CA 94041 Email~~Date: ~~dmcanotice at mozilla dot com Phone Number: 650-903-0800 Fax: 650-903-0875~~03/12/10

~~Dear~~ Harvey Anderson MozillaCorporation 650 Castro Street, Suite 300 Mountain View, CA 94041 Email:dmcanotice at mozilla dot com Phone Number: 650-903-0800 Fax: 650-903-0875

~~I, the undersigned, state UNDER PENALTY OF PERJURY that~~Dear Mozilla:

* I am, the ~~owner~~undersigned, or an agent authorized to act on behalf of the owner, of certain intellectual property rights ("IP Owner"); * I have a good faith belief that the listings identified below offer items or contain materials state UNDER PENALTY OF PERJURY that ~~are not authorized by the IP Owner, its agent, or the law, and therefore infringe the IP Owner's rights; and * The information in this notice is accurate.~~

~~Please~~ *I am, the owner, or an agent authorized to act ~~expeditiously to remove~~ on behalf of the owner, of certain intellectual property rights ("IP Owner"); * I have a good faith belief that the listings identified in below offer items or contain materials that are not authorized by the IP Owner, its agent, or the law, and therefore infringe theIP ~~addendum~~Owner's rights; and * The information in this notice is accurate.

~~I May Be Contacted At~~Please act expeditiously to remove the listings identified in the ~~Name of IP Owner: Al Rio Art Name and Title: Terry Maltos - Owner Company: Big T Productions, Inc~~addendum.~~ Address: 1340 Barnsley Walk City, State, and Zip:* Snellville, GA 30078 Email address: terry@alrioart.com Telephone: 770-978-9425~~

~~Work(s) infringed:~~I May Be Contacted At ~~Marvel Villians by~~ Name of IP Owner: Al RioArt Name and Title: Terry Maltos - Owner ~~http~~Company:~~//www~~Big T Productions, Inc.~~getpersonas~~ Address: 1340 Barnsley Walk City, State, and Zip:* Snellville, GA 30078 Email address: terry@alrioart.com~~/en~~ Telephone: 770-978-~~US/persona/71788~~9425

~~As taken from our web site here~~Work(s) infringed: Marvel Villians by Al Rio http://~~alrioart~~www.getpersonas.com/~~details.php?image_id=2165~~en-US/persona/71788

As taken from our web site here: http://alrioart.com/details.php?image_id=2165

Truthfully,

/S/: Terry Maltos

----

CAMERAPRESS

21 Queen Elizabeth Street

London SE1 2PD

+44 (0) 20 7378 1300

12th march 2010

We are writing re image of PIXIE LOTT By perou you have downloadable on your Firefox Personas site. This image is copyright Perou and is licensed via Camera Press and can only be placed anywhere with Pixie Lott’s agent’s request..

Your site is thereby infringing copright laws by displaying it and making it downloadable. Such a use would require both the photographer and the sitter’s permission and it has not been neither requested nor given.

Please now remove the image from your sight and inform the people who have downloaded it to do the same. The image is displayed at http://www.getpersonas.com/en-US/gallery/Fashion If you can forward me the details of the person who illegally supplied theimage To your site I would be grateful..

I believe in good faith that the use of the material (Pixie Lott) infringes our copyright and is not authorized by law, nor by the copyright owner, nor by ourselves who are the owner's agent; and, that all the information contained in my DMCA Notice is accurate, and under penalty of perjury, I confirm that I am authorized to act on behalf of the photographer Perou whose exclusive copyright right is being infringed.

Sincerely

Jacqui Ann Wald Editorial Director

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DCMA Notice

Harvey Anderson Mozilla Corporation 650 Castro Street, Suite 300 Mountain View, CA 94041

DCMA Notice  :

I, Lauren Bavin am the original artist and copyright holder of the following products Beyond Twilight Value Collection and Still Waters Page Kit .

These products have been used without permission in Firefox Personas located https://www.getpersonas.com/en-US/persona/122106 and https://www.getpersonas.com/en-US/persona/120915 by User Lala2010

I believe in good faith that the use of this material infringes my copyright is not authorized by law, that all of the information contained in myDMCA Notice is accurate, and under penalty of perjury, that you am the owner of the exclusive copyright right that is being infringed.

My contact details are

Lauren Bavin [street address removed] Birkenhead Auckland 0626 New Zealand Ph [phone number removed] email  : lauren@digitalscrapbookplace.com

Lauren Bavin Head Designer Digital Scrapbook Place Inc. http://www.digitalscrapbookplace.com

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