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UC Davis Seal – please have this item removed - http://www.getpersonas.com/en-US/persona/70520 : unauthorized use of a visual coming from the Work of Hergé257885
Judy Martin | Enforcement & Compliance Assistant
IMG College and The Collegiate Licensing Company - an IMG Company
Magali Soubras<br>Legal Department<br> <br>MOULINSART SA<br>Avenue Louise, 162<br>1050 Bruxelles<br>Tel. : +32 2 626 24 21<br>Fax. : + 32 2 646 14 59<br>
"This email and any attached files are confidential and may be legally privileged. It may contain information protected by intellectual property rights. Any reproduction or adaptation of its attachments must first be authorised in writing by Moulinsart SA, the exclusive worldwide owner of all exploitation rights regarding the work of Hergé.The sender is in no way liable for any errors or omissions in the content of this message, or any damages which may arise as a result of email transmission.Do not hesitate to contact us [legal@moulinsart.be], should you need any further information."
<br>Dear Sir,-----Original Message-----<br>From: Elizabeth Compton [mailto:ecompton@mozilla.com]<br>Sent: jeudi 27 mai 2010 19:58<br>To: Magali Soubras<br>Subject: Re: MOULINSART DMCA
Dear Ms. Soubras,
We are in receipt of your DMCA notice. Because the name of a Persona does not necessarily mean that the design is infringing and because new Personas are added and old ones removed on a regular basis, we must require rights holders to identify the specific Personas that are allegedly infringing rather than simply search results. We hope you understand the need for this requirement and we are ready to take down the Personas you identify as soon as we receive the needed information.
Original Message -----<br>From: "Magali Soubras" <magali.soubras@moulinsart.be><br>To: dmcanotice@mozilla.com<br>Sent: Thursday, May 27, 2010 6:08:14 AM<br>Subject: MOULINSART DMCA
<br>
<br>
Pleas find enclosed our DMCA regarding unauthorized reproduction of elements coming from the Work of Hergé.
Sincerely yours,
<br>
<br>
MOULINSART SA<br>Avenue Louise, 162<br>1050 Bruxelles<br>Tel. : +32 2 626 24 21<br>Fax. : + 32 2 646 14 59
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<br>
"This email and any attached files are confidential and may be legally privileged. It may contain information protected by intellectual property rights. Any reproduction or adaptation of its attachments must first be authorised in writing by Moulinsart SA, the exclusive worldwide owner of all exploitation rights regarding the work of Hergé.The sender is in no way liable for any errors or omissions in the content of this message, or any damages which may arise as a result of email transmission.Do not hesitate to contact us [legal@moulinsart.be], should you need any further information."<br><br>
MOULINSART
1. Signature:
2. The exclusive rights of MOULINSART SA are being violated by material available upon your site at the following URL : http://www.getpersonas.comfenUSfgalleryfAllfsearch?<br>p=TINTIN&search.x=O&sear
3. MOULINSART SA is the exclusive worldwide owner of all exploitation rights related to the Work of HERGE, and notably of the rights to reproduce, to adapt and to represent strips,<br>characters, names and symbols coming from the well-known comic strip series "The Adventures of TlNTlN"<br>Each use of the work of Herge must be submitted to the prior written authorisation of Moulinsart SA.<br>The visuals available on the website as well as the opportunity to download them are not authorized by MOULINSART SA.
4. Contact information:<br>MOULINSART SA<br>Avenue Louise, 162<br>1050 Brussels<br>Belgium<br>+32 2 626 24 21<br>magali.soubras@moulinsart.be
5. We have a good faith belief that the use of this material in such a fashion is not authorized by the copyright holder, the copyright holder's agent, or the law.
6. Under penalty of perjury in a United States court of law, we state that the information contained in this notification is accurate, and that I am authorized to act on the behalf of the exclusive rights holder for the material in question.
I hereby request that you remove or disable access to this material as it appears on your service in as expedient a fashion as possible. Thank you.
Regards,<br>Magali Soubras<br>MOULINSART SA<br>162 AVENUE LOUISE - B-1050 BRUXELLES - TEL. (322) 6262421- FAX (322) 644 53 67<br>info@moulinsart.be<br>RCB 488174 - TVA 430 246 468 - COMPTE DEXIA 068 2287581 57<br>www.tintin.be<br>
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Original Message -----<br> From: "Arun Dhir" <agentarun@gmail.com><br> To: "Elizabeth Compton" <ecompton@mozilla.com><br> Sent: Monday, May 10, 2010 3:41:56 PM<br> Subject: Re: A Firefox Persona uses my artwork
DMCA Notice:
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Original Message -----<br> From: "Arun Dhir" < agentarun@gmail.com ><br> To: dmcanotice@mozilla.com<br> Sent: Friday, May 7, 2010 5:35:00 PM<br> Subject: A Firefox Persona uses my artwork
Hi, I'm Arun Dhir and a few years ago, I created a design based upon Pink Floyd's Dark Side of the Moon. It can be found here: http://megamanexev3.deviantart.com/art/Dark-Side-of-the-Moon-2-66374154
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>
Dear Liz
<br>This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the addressee of this e-mail please do not copy or forward it or otherwise use it or any part of it in any form whatsoever. If you have received this email in error please notify the system manager on Information.Security@burberry.com.
References in this Data to "Burberry" are references to Burberry Group<br>plc, a company incorporated in England and Wales with registered number<br>03458224 whose registered office is at Horseferry House, Horseferry Road, London, SW1P 2AW<br>and where the context requires, includes its subsidiaries and<br>associated undertakings.<br>************************************************************************************<br>
From: Jeff Warren<br>Sent: 14 May 2010 15:22<br>To: 'Elizabeth Compton'<br>Subject: RE: Trade Mark Notice
**********************************************************<br>
Dear Elizabeth Another Burberry persona has been uploaded: http://www.getpersonas.com/en-US/persona/212114 Can these not be stopped before they are live on the site? Regards<br>Jeff Warren<br>Counsel - Intellectual Property 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> Dear Liz Can you please have this persona removed as it reproduces the Burberry<br>Check, Burberry word mark and our copyright protected advertising photos<br>without our permission: http://www.getpersonas.com/en-US/persona/220078 <br>Regards<br>Jeff Warren<br>Counsel - Intellectual Property 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>
Many thanks. Regards<br>Jeff Warren<br>Senior IP Counsel - Intellectual Property
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>
Dear Liz
Can you please have this the following persona removed as it reproduces the Burberry<br>Burberry Check, Burberry word trade mark and our copyright protected advertising photos<br>without our permissionauthorisation:
http://www.getpersonas.com/en-US/persona/220078265832
<br>Regards<br>Jeff Warren<br>Senior IP Counsel - Intellectual Property
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>
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.
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>
<br>
<br>
<br>
<br>
<br>
<br>
FERRARI S.p.A.<br>c/o NCTM Studio Legale Associate Via Bissolati, n. 76 00187 Rome (Italy)
<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:
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>
<br>
Best wishes,
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>
