Legal/Infringement Notices: Difference between revisions

Revision as of 18:35, 10 May 2011

Here are DMCA, trademark infringement, and other related notices Mozilla has received since November, 2009. We update this list periodically.

(Note: I'm reorganizing this list and moving each notice to individual wiki pages for better organization, starting with the oldest. The current list (and the new one) are in reverse chronological order.)

03 December 2009 - PGA Tour

BY REGISTERED MAIL

anticipated by e-mail at: dincanotice@mozilla.com anticipated by fax at: 001 650 903 0875

MOZILLA CORPORATION 650 Castro Street, Suite 300 Mountain View. CA 94041 (U.S.A.') To the kind attention of: Mr. Harvey Anderson

COPY: BY REGISTERED MAIL anticipated by e-mail at: abridges@winston.com anticipated by fax at: 001 415 5911400

Mr. Andrew P. Bridges c/o Winston & Strawn LLP 101 California Street, 39th Floor San Francisco. CA 94111 (U.S.A.")

RE: FERRARI S.p.A. / MOZILLA CORPORATION (our ref. 82274)

Dear Sirs,

following our previous corrispondence, in the name and on behalf of FERRARI S.p.A. (FERRARI) of Maranello, the world-renowned manufacturer of luxury sports cars, which has granted us all the necessary powers for the worldwide protection of its intellectual property portfolio, we wish to represent you as follows.

Since last March, 2010 we have cautioned your Company against the granting of access to any application enabling the download of pictures and images reproducing FERRARI cars, trademarks, logos, logotypes, designs, models and trade names.

Notwithstanding the obligations that your Company has assumed towards our Client after our letter dated May 28lh 2010, we became recently aware that on your web site (https://addons.mozilla.org/it/firefox/; https://addons.mozilla.org/it/thunderbird) such applications are still available.

In particular these are "Personas" and "Add Ons", for the customization of the browser FIREFOX, of the e-mail client THUNDERBIRD and of other MOZILLA products, by means of the download of browse themes dedicated to FERRARI. These graphic themes consist of numerous pictures and images reproducing FERRARI cars, trademarks, logos, logotypes, designs, models and trade names, although FERRARI S.p.A. never granted its consent.

For this purpose, please find hereunder a non-exhaustive list of URL links regarding the above resources:

http://www.getpersonas.com/en-US/persona/175700

Therefore, without prejudice or waiver of FERRARI'S rights to seek further remedies or reliefs, in consideration of the reiterated infringement of the Intellectual Property Rights of FERRARI and the very high number of files, we DEMAND you to comply with the following obligations: (i) immediately disable the access to the persona files identified by the URL links sub (a-b); (ii) immediately disable the access to any persona file and to any other function 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 signs of exclusive property of FERRARI S.p.A. and/or look alikes; (iii) immediately remove from all 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 signs of exclusive property of FERRARI S.p.A. and/or look alikes ; (iv) immediately and forever desist from any use of Trademarks, Logos, Logotypes, Models Designs, Trade Names and any other distinctive signs of exclusive property of FERRARI S.p.A. and/or look alikes; (v) immediately disclose the number of the downloads made until the present date from each of the URL links sub (a-b) and from any other links which allows the download any 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 alikes; (vi) immediately disclose any details 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 alikes; (vii) undertake to pay the amount of € 2.000,00 for each download; (viii) undertake to pay the amount of Euro 2.000,00 for every breach and for each day of breach of the obligations sub (i-vii) by your Company and/or by any entity under the control of your Company and/or associated to your Company and/or controlling your Company, reserved the right to ask for further compensation and/or damages; (ix) undertake to pay the amount of Euro 1.000.000,00 for the infringement of the Intellectual Property Rights of FERRARI S.p.A., save for the right to ask for further compensation and/or damages. (x) pay the amount of € 10.000,00 in contribution to our client's costs. Our client would prefer to resolve the matter with you amicably without the need of institution of legal proceedings. However, please TAKE NOTICE that, if we do not receive your written confirmation entirely agreeing to the above obligations within November 5th 2010, by way of your countersignature to the letter below, our client will entrust our local lawyers to pursue the matter further, without sending further warning letters.

Hi,

As you can see in the correspondence below, I was adviced to file a formal complain.
I'll do my best to describe the situation shortly & clearly as I'm respectful to your precious time.
I'm the Author of LavaFox & BlackFox themes: https://addons.mozilla.org/en-US/firefox/user/4710003
This theme (GMP) is using 80-90% of the images I designed from scratch & the overall look is very similar to my theme BlackFox.
https://addons.mozilla.org/en-US/firefox/addon/239620/
Just a part of the images that are copied: Tool-bars, scroll-bars, buttons, status-bar, progress-bar Menus & more.
The author of this theme contacted me in the beginning and asked to use my themes, I made it clear that I allow him to use only the code but not ANY images that I designed.
The author doesn't seem to understand and claims that he changed many images, I made it clear that it's not enough and asked him to take the theme off AMO until he will replace ALL the images that I designed & ask for my permission.
As you can see below, Mozilla's editor has tried to help & gave up the informal attempts, so do I.
I hope that I included all the info necessary to identify the copyright infringement, the details I believe are additionally requested are below:

I believe in good faith that the use of the material that I claim infringes my copyright is not authorized by law, or by the copyright owner or such owner's agent; and all of the information contained in my DMCA Notice is accurate, and under penalty of perjury, I am the owner of the exclusive copyright right that is being infringed.

Zvi Gutman
[street address removed]
Raanana 43000
Israel

[phone number removed]

Thanks for your concern.

Best regards,

Zvi Gutman.

October 15, 2010

VIA ELECTRONIC MAIL

Harvey Anderson

Mozilla Corporation

650 Castro Street, Suite 300

Mountain View, CA 94041

Re: VKontakte.ru Downloader

Dear Mr. Anderson:

I am contacting you on behalf of the Recording Industry Association of America, Inc. (RIAA) and its member record companies. The RIAA is a trade association whose member companies create, manufacture, and distribute the majority of all legitimate sound recordings sold in the United States. RIAA members include Universal Music Group, Sony Music Entertainment, Warner Music Group, and EMI Music North America, and their affiliated record labels. We are writing to notify you of the copyright infringement of sound recordings that is being facilitated by the VKontakte.ru Downloader software application which is being distributed through your system.

Application: VKontakte.ru Downloader

Developer: Sergey Kolosov

URL: https://addons.mozilla.org/en-US/firefox/addon/151188/

The purpose of this application is to facilitate the unauthorized downloading of popular sound recordings. The majority of these sound recordings are owned or controlled by RIAA members. Under the U.S. Copyright Act, those who distribute, reproduce, or digitally transmit sound recordings without authorization and those who assist, facilitate, or induce such actions by others are liable for copyright infringement. By indexing, linking to, transmitting, retransmitting, providing access to, and/or otherwise assisting users in streaming and downloading infringing copies of sound recordings, this application is violating U.S. copyright law.

By this letter, we ask that you immediately cease distribution of the VKontakte.ru Downloader software application on your system, and that you take steps to ensure that its developer is not permitted to infringe upon the copyrights of RIAA members by offering similar applications on your system in the future.

The copyright infringement of RIAA member sound recordings made possible by your distribution of this application is obvious to anyone making use of the application, and undoubtedly will be readily apparent to you upon review. While this letter constitutes notice of infringing activities under the U.S. Copyright Act, it does not in any way constitute a waiver of any right, remedy or action, including the right to recover damages for the infringements referenced in this letter. All such rights, remedies and actions are expressly reserved.

Please do not hesitate to contact me if you should have any questions. You may reach me via e-mail at antipiracy@riaa.com, by telephone at (202) 775-0101, or by mail at RIAA, 1025 F Street, N.W., 10th Floor, Washington, D.C. 20004.

Sincerely,

Mark McDevitt

Vice President, Online Anti-Piracy

RIAA

I'm writing you to inform you that these personas:
http://www.getpersonas.com/en-US/persona/54433
http://www.getpersonas.com/en-US/persona/214171
http://www.getpersonas.com/en-US/persona/154748

are ALL based on an image of mine that can be found on my deviantart account http://donia.deviantart.com/art/Kyoko-Wallpaper-8910489 and that I've published on July 2004.
Since the authors didn't ask me for permission and my name has been cut out of the images I'm asking you to remove them as soon as possibile.

I believe in good faith that the use of the material that infringes my copyright is not authorized by law, or by me; and all of the information contained in my DMCA Notice is accurate, and under penalty of perjury, I'm the owner of the exclusive copyright right that is being infringed..

Thank you
Donia Al khatib

[street address removed]
00176 - Roma
Italy
[phone number removed]

To Whom It May Concern:

I am writing to you on behalf of Twentieth Century Fox Film Corporation and its related entities (collectively "Fox"). Fox is the owner of copyright, trademark and other intellectual property rights in and to the television series American Dad, Archer, The Cleveland Show, Family Guy, Futurama, It's Always Sunny in Philadelphia, The Simpsons and Sons of Anarchy and the theatrical motion pictures Avatar and Ice Age (collectively the "Fox Properties").

We have recently become aware that Mozilla/Firefox and/or its users has been offering for download browser "Personas" incorporating various trademarks, characters, images, designs, slogans and/or other distinctive creative elements of the Fox Properties (hereinafter "Infringing Personas"), at the links listed on Attachment A. Mozilla's/Firefox's use of various trademarks, characters, images, designs, slogans and/or other distinctive creative elements of the Fox Properties is likely to cause consumers to believe that Fox has licensed, supported or endorsed your use of said elements of the Fox Properties. Such conduct infringes Fox's intellectual property rights in the Fox Properties, and shall not be tolerated.

We, therefore, demand that you immediately:

1. Cease all use, publication, offering for download or other dissemination of the Infringing Personas incorporating various characters, images, designs, slogans and/or other distinctive creative elements of the Fox Properties, including those at found at the links on Attachment A, and,

2. Confirm in writing to the undersigned no later than September 22, 2010, that you shall fully and promptly comply with each of the foregoing demands.

Should you fail to comply with the above demands by the close of business on September 22, 2010, we will consider taking all appropriate action against you without further notice to you.

I have a good faith belief that the items offered for sale at the links shown on the Attachment to this letter are not authorized by Fox, its agent, or the law and I declare under penalty of perjury that I am authorized to act on behalf of Fox and the information in this letter is accurate.

This letter is without prejudice to Fox’s rights and remedies, all of which are expressly reserved.

Very truly yours,

/Kasimira C. Verdi/

Kasimira C. Verdi

Director – Intellectual Property

Fox Group Legal

2121 Avenue of the Stars, Rm. 2234

Los Angeles, CA 90067

310-369-3110

foxip@fox.com

Attachment A –

Infringing Personas Using Fox Intellectual Property

http://www.getpersonas.com/en-US/persona/79215

http://www.getpersonas.com/en-US/persona/79238

http://www.getpersonas.com/en-US/persona/79396

http://www.getpersonas.com/en-US/persona/79398

http://www.getpersonas.com/en-US/persona/79400

http://www.getpersonas.com/en-US/persona/79405

http://www.getpersonas.com/en-US/persona/84779

http://www.getpersonas.com/en-US/persona/85575

http://www.getpersonas.com/en-US/persona/88234

http://www.getpersonas.com/en-US/persona/97391

http://www.getpersonas.com/en-US/persona/104308

http://www.getpersonas.com/en-US/persona/97683

http://www.getpersonas.com/en-US/persona/99203

http://www.getpersonas.com/en-US/persona/102244

http://www.getpersonas.com/en-US/persona/111551

http://www.getpersonas.com/en-US/persona/111876

http://www.getpersonas.com/en-US/persona/113617

http://www.getpersonas.com/en-US/persona/111551

http://www.getpersonas.com/en-US/persona/111876

http://www.getpersonas.com/en-US/persona/115568

http://www.getpersonas.com/en-US/persona/117643

http://www.getpersonas.com/en-US/persona/117962

http://www.getpersonas.com/en-US/persona/119036

http://www.getpersonas.com/en-US/persona/121282

http://www.getpersonas.com/en-US/persona/129252

http://www.getpersonas.com/en-US/persona/131944

http://www.getpersonas.com/en-US/persona/134111

http://www.getpersonas.com/en-US/persona/138390

http://www.getpersonas.com/en-US/persona/141770

http://www.getpersonas.com/en-US/persona/151399

http://www.getpersonas.com/en-US/persona/151840

http://www.getpersonas.com/en-US/persona/151928

http://www.getpersonas.com/en-US/persona/164510

http://www.getpersonas.com/en-US/persona/167649

http://www.getpersonas.com/en-US/persona/169574

http://www.getpersonas.com/en-US/persona/170762

http://www.getpersonas.com/en-US/persona/174969

http://www.getpersonas.com/en-US/persona/175545

http://www.getpersonas.com/en-US/persona/179370

http://www.getpersonas.com/en-US/persona/179908

http://www.getpersonas.com/en-US/persona/183574

http://www.getpersonas.com/en-US/persona/183628

http://www.getpersonas.com/en-US/persona/184455

http://www.getpersonas.com/en-US/persona/184909

http://www.getpersonas.com/en-US/persona/194921

http://www.getpersonas.com/en-US/persona/196565

http://www.getpersonas.com/en-US/persona/197034

http://www.getpersonas.com/en-US/persona/197038

http://www.getpersonas.com/en-US/persona/200550

http://www.getpersonas.com/en-US/persona/200796

http://www.getpersonas.com/en-US/persona/202655

http://www.getpersonas.com/en-US/persona/203797

http://www.getpersonas.com/en-US/persona/205257

http://www.getpersonas.com/en-US/persona/205259

http://www.getpersonas.com/en-US/persona/206879

http://www.getpersonas.com/en-US/persona/208157

http://www.getpersonas.com/en-US/persona/209896

http://www.getpersonas.com/en-US/persona/210170

http://www.getpersonas.com/en-US/persona/211270

http://www.getpersonas.com/en-US/persona/211391

http://www.getpersonas.com/en-US/persona/219433

http://www.getpersonas.com/en-US/persona/226385

http://www.getpersonas.com/en-US/persona/229538

http://www.getpersonas.com/en-US/persona/241119

http://www.getpersonas.com/en-US/persona/250029

http://www.getpersonas.com/en-US/persona/250597

http://www.getpersonas.com/en-US/persona/256522

http://www.getpersonas.com/en-US/persona/256878

http://www.getpersonas.com/en-US/persona/257267

http://www.getpersonas.com/en-US/persona/262144

http://www.getpersonas.com/en-US/persona/262918

http://www.getpersonas.com/en-US/persona/270702

http://www.getpersonas.com/en-US/persona/272394

http://www.getpersonas.com/en-US/persona/273699

http://www.getpersonas.com/en-US/persona/282530

http://www.getpersonas.com/en-US/persona/285853

http://www.getpersonas.com/en-US/persona/287294

http://www.getpersonas.com/en-US/persona/289745

http://www.getpersonas.com/en-US/persona/290334

http://www.getpersonas.com/en-US/persona/290345

http://www.getpersonas.com/en-US/persona/291288

http://www.getpersonas.com/en-US/persona/294999

http://www.getpersonas.com/en-US/persona/295019

http://www.getpersonas.com/en-US/persona/117376

http://www.getpersonas.com/en-US/persona/117377

http://www.getpersonas.com/en-US/persona/117379

http://www.getpersonas.com/en-US/persona/186565

http://www.getpersonas.com/en-US/persona/221673

http://www.getpersonas.com/en-US/persona/97663

http://www.getpersonas.com/en-US/persona/81607

http://www.getpersonas.com/en-US/persona/86310

http://www.getpersonas.com/en-US/persona/66756

http://www.getpersonas.com/en-US/persona/71897

http://www.getpersonas.com/en-US/persona/77281

http://www.getpersonas.com/en-US/persona/77282

http://www.getpersonas.com/en-US/persona/78637

http://www.getpersonas.com/en-US/persona/78763

http://www.getpersonas.com/en-US/persona/78778

http://www.getpersonas.com/en-US/persona/113616

http://www.getpersonas.com/en-US/persona/138569

http://www.getpersonas.com/en-US/persona/138658

http://www.getpersonas.com/en-US/persona/163039

http://www.getpersonas.com/en-US/persona/182894

http://www.getpersonas.com/en-US/persona/195878

http://www.getpersonas.com/en-US/persona/196831

http://www.getpersonas.com/en-US/persona/197068

http://www.getpersonas.com/en-US/persona/200550

http://www.getpersonas.com/en-US/persona/238027

http://www.getpersonas.com/en-US/persona/255391

http://www.getpersonas.com/en-US/persona/266458

http://www.getpersonas.com/en-US/persona/273847

http://www.getpersonas.com/en-US/persona/281521

http://www.getpersonas.com/en-US/persona/297057

http://www.getpersonas.com/en-US/persona/282865

http://www.getpersonas.com/en-US/persona/282861

http://www.getpersonas.com/en-US/persona/297087

http://www.getpersonas.com/en-US/persona/74990

http://www.getpersonas.com/en-US/persona/75454

http://www.getpersonas.com/en-US/persona/75712

http://www.getpersonas.com/en-US/persona/75949

http://www.getpersonas.com/en-US/persona/76221

http://www.getpersonas.com/en-US/persona/76731

http://www.getpersonas.com/en-US/persona/76511

http://www.getpersonas.com/en-US/persona/76456

http://www.getpersonas.com/en-US/persona/76742

http://www.getpersonas.com/en-US/persona/77650

http://www.getpersonas.com/en-US/persona/77652

http://www.getpersonas.com/en-US/persona/80190

http://www.getpersonas.com/en-US/persona/77662

http://www.getpersonas.com/en-US/persona/79348

http://www.getpersonas.com/en-US/persona/79673

http://www.getpersonas.com/en-US/persona/80410

http://www.getpersonas.com/en-US/persona/80460

http://www.getpersonas.com/en-US/persona/80559

http://www.getpersonas.com/en-US/persona/80692

http://www.getpersonas.com/en-US/persona/80905

http://www.getpersonas.com/en-US/persona/81599

http://www.getpersonas.com/en-US/persona/81994

http://www.getpersonas.com/en-US/persona/84128

http://www.getpersonas.com/en-US/persona/85626

http://www.getpersonas.com/en-US/persona/290258

http://www.getpersonas.com/en-US/persona/287592

http://www.getpersonas.com/en-US/persona/284664

http://www.getpersonas.com/en-US/persona/272115

http://www.getpersonas.com/en-US/persona/271790

http://www.getpersonas.com/en-US/persona/268972

http://www.getpersonas.com/en-US/persona/268967

http://www.getpersonas.com/en-US/persona/267711

http://www.getpersonas.com/en-US/persona/256812

http://www.getpersonas.com/en-US/persona/256002

http://www.getpersonas.com/en-US/persona/249848

http://www.getpersonas.com/en-US/persona/239378

http://www.getpersonas.com/en-US/persona/226700

http://www.getpersonas.com/en-US/persona/226698

http://www.getpersonas.com/en-US/persona/224062

http://www.getpersonas.com/en-US/persona/223937

http://www.getpersonas.com/en-US/persona/223668

http://www.getpersonas.com/en-US/persona/222747

http://www.getpersonas.com/en-US/persona/222188

http://www.getpersonas.com/en-US/persona/221726

http://www.getpersonas.com/en-US/persona/211767

http://www.getpersonas.com/en-US/persona/210476

http://www.getpersonas.com/en-US/persona/209707

http://www.getpersonas.com/en-US/persona/209678

http://www.getpersonas.com/en-US/persona/208974

http://www.getpersonas.com/en-US/persona/208279

http://www.getpersonas.com/en-US/persona/208051

http://www.getpersonas.com/en-US/persona/208033

http://www.getpersonas.com/en-US/persona/207779

http://www.getpersonas.com/en-US/persona/20

Julie,

I believe in good faith that the use of the material that I claim infringes my copyright is not authorized by law, or by the copyright owner or such owner's agent.

All of the information contained in my DMCA Notice is accurate, and under penalty of perjury, I am either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed.

Please let me know if this is still not correct.

Thanks,

Emily

On Sep 17, 2010 10:33am, Julie Martin <jmartin@mozilla.com> wrote:
> Emily,

> Can you please use the words and language as identified below? I need certain things to be under good faith and others stated under penalty of perjury. You are welcome to cut and paste this language if necessary. Other explanations are not needed.

> 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.

> ----- Original Message -----
> From: "Emily Heuerman" acheronianperfume@gmail.com>
> To: "Julie Martin" jmartin@mozilla.com>
> Sent: Thursday, September 16, 2010 5:47:29 PM
> Subject: Re: Emily Heuerman - Requesting DMCA
>
> Julie,
>
> I believe that the use of my artwork infringes my copyright because it was only available for personal use as a desktop background on a computer and NOT to be publicly displayed by any other person as their own. The person who turned my work into a persona posted that persona as their own work without contacting me to ask if they could do so. This violates not only the copyright on my work, but Mozilla's policy as well. Mozilla states that people making a persona are "never use artwork/logos/photography that you do not have the legal rights to use" (Mozilla).
>
> My work is protected by Deviantart.com's copyright law which defines copyright infringement:
>
> "What is Copyright Infringement?
>
> To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.
>
> Some examples of copyright infringement (this is only a partial listing) can include:
>
> • Placing a photograph or creative work online without proper permission.
>
> • Using a creative work commercially.
>
> • Adapting a creative work of one medium to another, such as making a book into a movie or a photograph into a painting.
>
> • Modifying or editing a creative work without proper permission." (Deviantart.com)
>
> The person who posted my work as a persona does not have the legal rights to use my artwork as I own the copyright to it and infringed on this copyright agreement in all of the following above areas by taking my work and adapting it into persona without contacting me first.
>
> All of the information contained in my DMCA notice is accurate. I am the owner of the copyright to my work that has been infringed upon.
>
> If you need more information, please let me know.
>
> Sincerely,
>
> Emily Heuerman
>
> On Thu, Sep 16, 2010 at 5:20 PM, Julie Martin jmartin@mozilla.com > wrote:
>
> Hi, Emily. Can you please provide: 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.
>
> Julie
>
> ----- Original Message -----
>
> From: "Emily Heuerman" acheronianperfume@gmail.com >
> To: "Julie Martin" jmartin@mozilla.com >
> Sent: Thursday, September 16, 2010 4:46:35 PM
> Subject: Re: Emily Heuerman - Requesting DMCA
>
> Harvey Anderson or To Whom it May Concern,
>
> My name is Emily Heuerman and this morning (September 16, 2010), I noticed that my artwork is being used in a Firefox persona by the user " Sweetness0721 " without my consent. My piece of artwork that is being infringed is "Purple Twilight Rose Wallpaper". I have this piece posted on Deviantart for free download as a wallpaper, but is not intended to be used for anything other than a computer desktop wallpaper for personal use. On my Deviantart account, my full name is listed along with the copyright and date which my work was submitted (September 4, 2008). Here is the link to this particular piece of artwork in my gallery: http://silverperfume.deviantart.com/gallery/#/d1lr9em . I have checked all of my messages and notes and at no time did the person who has infringed upon my copyrighted artwork attempt to contact me for permission to use it. Attached is a compressed version of my artwork for your reference.
>
> While I took the photograph of the rose and designed the piece, I should also mention that the Photoshop brushes I used to create "Purple Twilight Rose Wallpaper" are copyright of another artist on Deviantart "redheadstock". She requests that anyone who uses her brushes provide her with credit for her work. I provided her with credit when I posted my work, but the person who has infringed on the copyright of my work ( Sweetness0721 ) has also infringed on the copyright of "redheadstock" by not crediting her for her work. Her Deviantart gallery is: http://redheadstock.deviantart.com/ . The link to her website is: http://www.obsidiandawn.com/ . Her Deviantart gallery and her website explain her terms and conditions of use. One of the brush sets that I used for this piece by redheadstock is "Foliage Swirls". Here is the link to this brush set on Deviantart: http://redheadstock.deviantart.com/gallery/#/d1bwfmz and here is the link to the brush set on her website: http://www.obsidiandawn.com/foliage-swirls-photoshop-gimp-brushes I have emailed her about this matter and she has given me permission to inform you about this. I can forward our email conversation if necessary.
>
> The username of the person who has posted my work as a persona without my permission is " Sweetness0721" . Here is the link to this person's designer gallery: http://www.getpersonas.com/en-US/gallery/Designer/Sweetness0721 The date this person posted the persona is: September 8, 2009 (one year and four days after I posted my artwork). Sweetness0721 has titled their persona "Twilight Rose". Here is the link to the persona infringing on my copyrighted work: http://www.getpersonas.com/en-US/persona/48500
>
> My contact information is:
>
> Name: Emily Heuerman
> Mailing Address: [street address removed]
> City: Big Bear Lake
> State: CA
> Zip: 92315
> Home Phone: [phone number removed]
> Cell Phone: [phone number removed]
> Email Address: e.heuerman@gmail.com
>
> I hereby state that I am the owner of the "Purple Twilight Rose Wallpaper" as proved in my Deviantart gallery and I hereby claim that all of the above information is correct.
>
> Attached is my scanned signature as both a jpg and a pdf as well as a compressed and sized down copy of my original piece of artwork "Purple Twilight Rose Wallpaper".
>
> As a side note, I called and left a message this morning (September 16, 2009) regarding this issue on Harvey Anderson's answering machine.
>
> Please contact me with the action that is being taken on my behalf.
>
> Thank you so much for your time,
>
> Emily Heuerman
>
> On Thu, Sep 16, 2010 at 4:42 PM, Julie Martin jmartin@mozilla.com > wrote:
>
> Hi, Emily.
>
> We would be happy to remove the image if you can provide us a proper DMCA request.
>
> 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.
>
> Please provide the information described above and we can proceed.
>
> Julie
>
> From: Emily Heuerman acheronianperfume@gmail.com >
> Date: September 16, 2010 4:02:07 PM PDT
> To: hja@mozilla.com
> Subject: Emily Heuerman - Requesting DMCA
>
> Harvey Anderson,
>
> Thank you so much for responding to me so quickly. I am sorry I missed your call. I contacted you earlier today regarding a copyright infringement issue. A user downloaded my artwork and without notifying me, used it as a persona. I wanted to assure you that, as a student majoring in Interactive Media and Web Design, I totally understand that this is in no way the fault of Mozilla, and do not blame you nor the company for this. I very much appreciate your willingness to deal with the situation and highly value your attention to customer service. You stated in your message that you would send me a "DMCA" form to fill out.
>
> My contact information is:
>
> Name: Emily Heuerman
> Mailing Address: [street address removed]
> City: Big Bear Lake
> State: CA
> Zip: 92315
> Home Phone: [phone number removed]
> Cell Phone: [phone number removed]
> Email Address: e.heuerman@gmail.com
>
> I have a couple of questions regarding this case. My work that was infringed upon was made using Photoshop brushes copyrighted by another artist. This artist states clearly that her brushes may be used if the artist credits her. I did this so I was not infringing on her copyright. That being said, the person who infringed upon the copyright of my work did not credit me, nor the other artist, which is an infringement on that artist's copyright agreement for free usage. I have contacted this artist regarding the issue at hand who gave me full permission to mention her when I sent the information regarding this circumstance. My question is, should I mention her involvement in this in the DMCA or should she fill out a separate form? My only other question is, would it even be necessary for me to mention her involvement, or will this be taken care of regardless of my mentioning her? She has asked me to let her know how this is to be handled.
>
> Thank you so much for your time,
>
> Emily Heuerman

Hello Julie,

Thank you so much for the quick reply! In regards to the first point, what constitutes a "signature" in this situation? I work in the illustration field, so the first thing that comes to mind is an image of my signature in a jpeg or tiff format, but I'd like to be certain.

In regards to the second point, I thought perhaps the email as a whole worked as a statement, but to be clear:

"I, Justin Ben McSweeney, believe in good faith that the illustration used in the Mozilla Persona referred to as "Zombies and Guns" and seen on the webpage http://www.getpersonas.com/en-US/persona/140182 , constitutes an infringement upon the distribution and licensing rights of myself and Humoring the Fates, Inc. All information provided thus far is accurate to the best of my knowledge, and I am both an owner and authorized representative of the copyright in question".

I appreciate all your help in this matter. I know that this is a common problem with user-generated content, and I'm grateful that you've responded so effectively. Let me know what I should turn in as a proper signature, and I'll be happy to do so as quickly as possible.

Thanks!

-Ben

On Tue, Sep 14, 2010 at 1:55 PM, Julie Martin < jmartin@mozilla.com > wrote:

Hi, Ben.

We would be happy to remove the image if you can provide us a proper DMCA request.

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.

Please provide the information described in the first and last bullet point so we can proceed.

Julie

Dear sirs,

My name is Ben McSweeney, and I'm writing to you in regards to a work of art uploaded to your "Personas" website which constitutes an unauthorized usage.

http://www.getpersonas.com/en-US/persona/140182, titled "Zombies with Guns", was originally illustrated by myself and licensed exclusively to Humoring the Fates, Inc. The user "Philipsi83" has no rights to the artwork, and is not entitled to grant the Creative Commons license as seen on the page in question.

The version which he has uploaded (with my signature removed) can be seen originally at http://inkthinker.deviantart.com/gallery/#/d1uxicx.

Please let me know if there's anything else I can do to ensure the speedy removal of the work in question from the Mozilla Personas website. I can be contacted via web at ben@fates.com, by telephone at [phone number removed], or by mail at [street address removed] St, Tampa FL, 33609.

I appreciate your help in this matter, and I look forward to hearing from you soon,

Sincerely,

Ben McSweeney
www.inkthinker.net
inkthinker.deviantart.com

Dear sirs,

We are rights management agency in Japan, and sending this request on behalf of our client, Johnny&Associates, one of top entertainment agencies in Japan.
We've found several Personas using photos/images of singers and actors who have closed management contract with Johnny&Associates, without appropriate approval.
We'd request Mozilla to take down those from Personas gallery asap.
Please refer following details, and it would be great if you could take appropriate action.

Followings are URLs of Personas which infringe our clients' rights.
Please refer list below, and it would be appriciated if Mozilla could take appropriate actin for them.

http://www.getpersonas.com/ja/persona/77262

We've never granted right to this Personas author and will never approve.

My contact information are as follows.
Name: Art Bank Co.,Ltd. ayano yamanouchi
Address: PARK LANE.4F 2-6-10,jingumae Shibuya-ku,Tokyo 150-0001 Japan
Phone: 81.3.3423.8611
e-mail: j-admin@art-bank.co.jp

I believe in good faith that the use of the material that I claim infringes my copyright is not authorized by me.
In addition, all of the information above is accurate, and under penalty of perjury, that I am either the owner of the exclusive copyright right that is being infringed.

It would be great if you could disable this Personas ASAP. If you need any more information, please let me know.

Sincerely,
Art Bank Co.,Ltd.
ayano yamanouchi

DMCA Infringement Notification

Section I: Contact Information
Full Name: Gregory Adams
Address: 6205 Farrington Road, O14, Chapel Hill NC, 27517
Daytime Phone: (919)-294-9170
Email Address: greg@thezombiehunters.com

Section II: Original (infringed) Material
Original: http://ashwings.deviantart.com/art/God-of-Fire-Fox-Fire-13533815

The image in question is one that Jenny Romanchuk had posted in her DeviantArt portfolio, on December 27, 2004.

Section III: Alleged Infringing Material
The firefox theme, located here: http://www.getpersonas.com/en-US/persona/131596 makes unauthorized use of Jenny Romanchuk’s artwork.

Section IV: Statement of Infringement
Jenny Romanchuk has never authorized any other party or parties to make use of this image. Your member did not solicit her permission to use her artwork. If the member HAD requested such permission, that request would have been denied. No one other than Jenny Romanchuk is permitted to make use of her artwork.

Section V: Certificate
I, Gregory Adams, under penalty of perjury, certify that I am the authorized representative of the owner of the copyrighted material identified under Section II of this document and, to the best of my knowledge, all of the information provided above is accurate.

Dear Ms. Compton,

Thank you for your prompt response. The individual Personas are:

heidenh
Lipjan07
bernardirs
blacky2906
Carlo_Carerra
Norvin_R
rammstein91
lukyn
rlnds

Please let me know if you need any additional information.

Best regards,

From: Elizabeth Compton <ecompton@mozilla.com>
To: marina depietri <marina.depietri@us.redbull.com>
Date: 08/05/2010 12:17 PM
Subject: Re: WS 6.007.993 – US – Infringement of Red Bull’s Trademarks on Get

Dear Ms. Depietri,

We received your notice of alleged trademark infringement below. Please identify the individual Personas you are asking us to take down. Since search results can change over time and may include Personas that you don't believe infringe your rights, we need a definitive list of the specific Personas you have identified as infringing Red Bull's trademarks.

Upon receipt of this additional information we will take down the identified Personas.

Sincerely,

Liz Compton
Mozilla

Dear Mr. Anderson,
I am writing on behalf of Red Bull GmbH (“Red Bull”), the producer of the RED BULL energy drink which is distributed the United States. Red Bull owns various trademark registrations and common law rights in and to the famous RED BULL trademark and the trade dress depicted on the RED BULL energy drink can, including the single and double bull device. It recently came to our attention that the content on getpersonas.com – which is registered to the Mozilla Corporation – infringes Red Bull’s trademarks. Below please find the relevant information to address the infringements, and please let me know if you have any questions or need additional information.

(1) Please find my electronic signature below.

(2) The following trademarks which belong to Red Bull have been infringed: RED BULL word mark, RED BULL AIR RACE word mark, RED BULL LEIPZIG word mark, LA FORMULA UNA & device, and the single bull and double bull device (collectively, the “RED BULL Marks”).

(3) The infringing material consists of various themes that use the RED BULL Marks and can be found here: http://www.getpersonas.com/en-US/gallery/All/search?p=redbull&search.x=0&search.y=0.

(4) My contact information is as follows:

Marina Depietri, Esq.
Intellectual Property Attorney, North America
Red Bull GmbH/Red Bull North America, Inc.
1740 Stewart Street
Santa Monica, CA 90404 U.S.A.
Office: (310) 460-5804
Fax: (310) 309-5295
E-mail: marina.depietri@us.redbull.com

(5) I have a good faith belief that the infringing material described above is not authorized by Red Bull, its agent, or the law.

(6) I declare under penalty of perjury, that to the best of my knowledge, the above information is accurate and that I am authorized to act on behalf of Red Bull in requesting removal of the infringing material.

Do not hesitate to contact me if you have any questions. I look forward to hearing from you and receiving confirmation that the infringing material has been removed from GetPersonas.com.

Law Office of Lisa N. Kaufman, P.A.
2807 Poinciana Circle
Cooper City, Florida 33026
Phone (954)534-9419
Facsimile (954)534-9419 *51 Intellectual Property Law
e-mail lnktm@hotmail.com

August 3, 2010

VIA E-Mail dmcanotice@mozilla.com
and Facsimile (650)903-0875

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

Re: Illegal Use of RON JON trademarks

Dear Mr. Anderson:

This law firm represents Ron Jon Surf Shop of Fla., Inc.(“Ron Jon”) in intellectual
property matters. It has come to our attention that in the Mozilla “Personas Gallery” there is a listing for “RON JON SURF SHOP created by Pedemann” which employs without Ron Jon’s authorization or consent several of Ron Jon’s well known and famous trademarks. (See the attached copy of the Mozilla web page from which this design was captured). The location where this infringing material may be found is: www.//getpersonas.com/en-US/persona/254424.

Such misuse of Ron Jon’s trademarks constitutes trademark infringement under federal, state and common law. Moreover, this use constitutes dilution of Ron Jon’s famous trademarks.

Among those trademarks which have been infringed are the following trademarks owned by Ron Jon which are the protected by U.S. Trademark Registrations:

Mark U.S. Registration No.:
1,619,480
RON JON 2,651,953
RON JON 2,575,455
RON JON 2,365,194
RON JON SURF SHOP 2,573,048
3,259,798

Copies of these registration certificates are attached for your convenience.

In accordance with Mozilla’s legal notices, we hereby demand that Mozilla immediately
remove this infringing material from its website.

I hereby certify that all of the information contained in this Notice to Mozilla is accurate,
that I am the authorized agent of Ron Jon Surf Shop of Fla., Inc., and that these statements are made under penalty of perjury.

We thank you in advance for your cooperation and look forward to receiving
confirmation that you have removed the infringing material.

Sincerely,
s/Lisa N. Kaufman
Lisa N. Kaufman

Enclosures
cc: Ron Jon Surf Shop of Fla., Inc.

The Collegiate Licensing Company is the authorized licensing representative for the University of California Davis. It has come to our attention that the Getpersonas.com site is offering unlicensed designs that infringe upon the trademark rights of this University. A link to the item at issue is shown below.

UC Davis Seal – please have this item removed - http://www.getpersonas.com/en-US/persona/257885

I declare under penalty of perjury that all of the information contained in this notice is accurate and that I am authorized to act on behalf of the University listed above. I believe in good faith that the use of the material that I claim infringes the University’s trademark (UC Davis Seal) is not authorized by law, or by the trademark owner or such owner’s agent.

Thank you for your prompt attention to this matter.

Judy Martin | Enforcement & Compliance Assistant

IMG College and The Collegiate Licensing Company - an IMG Company

290 Interstate North Circle | Suite 200 | Atlanta, GA 30339

Direct: 770-799-3218 | Main: 770-956-0520 | Fax: 770-955-4491

jmartin@clc.com | www.clc.com

The preceding e-mail message (including any attachments)
contains information that may be confidential, may be protected
by the attorney-client or other applicable privileges, or may
constitute non-public information. It is intended to be conveyed
only to the designated recipient(s) named above. If you are not
an intended recipient of this message, please notify the sender
by replying to this message and then delete all copies of it
from your computer system. Any use, dissemination, distribution,
or reproduction of this message by unintended recipients is not
authorized and may be unlawful.

Dear sirs,

We are rights management agency in Japan, and sending this request on behalf of our client, Johnny&Associates, one of top entertainment agencies in Japan.
We've found several Personas using photos/images of singers and actors who have closed management contract with Johnny&Associates, without appropriate approval.
We'd request Mozilla to take down those from Personas gallery asap.
Please refer following details, and it would be great if you could take appropriate action.

Followings are URLs of Personas which infringe our clients' rights.
Please refer list below, and it would be appriciated if Mozilla could take appropriate actin for them.

We've never granted right to this Personas author and will never approve.

My contact information are as follows.
Name: Art Bank Co.,Ltd. ayano yamanouchi
Address: PARK LANE.4F 2-6-10,jingumae Shibuya-ku,Tokyo 150-0001 Japan
Phone: 81.3.3423.8611
e-mail: j-admin@art-bank.co.jp

I believe in good faith that the use of the material that I claim infringes my copyright is not authorized by me.
In addition, all of the information above is accurate, and under penalty of perjury, that I am either the owner of the exclusive copyright right that is being infringed.

It would be great if you could disable this Personas ASAP. If you need any more information, please let me know.

Sincerely,
Art Bank Co.,Ltd.
ayano yamanouchi

Dear Ms Compton,

Please find below the details requested.

http://www.getpersonas.com/en-US/persona/51449 : unauthorized use of the name and the trademark TINTIN®

http://www.getpersonas.com/en-US/persona/70520 : unauthorized use of a visual coming from the Work of Hergé

http://www.getpersonas.com/en-US/persona/79584 : unauthorized use of a visual coming from the Work of Hergé

http://www.getpersonas.com/en-US/persona/80852 : unauthorized use of a visual coming from the Work of Hergé

http://www.getpersonas.com/en-US/persona/99489 : unauthorized use of a visual coming from the Work of Hergé

http://www.getpersonas.com/en-US/persona/192883 : unauthorized use of a visual coming from the Work of Hergé

http://www.getpersonas.com/en-US/persona/215275 : unauthorized use of a visual coming from the Work of Hergé

http://www.getpersonas.com/en-US/persona/215285 : unauthorized use of the name and the trademark TINTIN® + unauthorized adaptation of a character created by Hergé (Tintin)

We thank you in anticipation for removing these items as soon as possible.

Sincerely yours,

Magali Soubras
Legal Department

MOULINSART SA
Avenue Louise, 162
1050 Bruxelles
Tel. : +32 2 626 24 21
Fax. : + 32 2 646 14 59

"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."

-----Original Message-----
From: Elizabeth Compton [1]
Sent: jeudi 27 mai 2010 19:58
To: Magali Soubras
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.

Sincerely yours,

Liz Compton
Mozilla Legal Team

Original Message -----
From: "Magali Soubras" <magali.soubras@moulinsart.be>
To: dmcanotice@mozilla.com
Sent: Thursday, May 27, 2010 6:08:14 AM
Subject: MOULINSART DMCA

Dear Sir,

Pleas find enclosed our DMCA regarding unauthorized reproduction of elements coming from the Work of Hergé.

Sincerely yours,

Magali Soubras
Legal Department

MOULINSART SA
Avenue Louise, 162
1050 Bruxelles
Tel. : +32 2 626 24 21
Fax. : + 32 2 646 14 59

"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."

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?
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,
characters, names and symbols coming from the well-known comic strip series "The Adventures of TlNTlN"
Each use of the work of Herge must be submitted to the prior written authorisation of Moulinsart SA.
The visuals available on the website as well as the opportunity to download them are not authorized by MOULINSART SA.

4. Contact information:
MOULINSART SA
Avenue Louise, 162
1050 Brussels
Belgium
+32 2 626 24 21
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,
Magali Soubras
MOULINSART SA
162 AVENUE LOUISE - B-1050 BRUXELLES - TEL. (322) 6262421- FAX (322) 644 53 67
info@moulinsart.be
RCB 488174 - TVA 430 246 468 - COMPTE DEXIA 068 2287581 57
www.tintin.be

cabinet giliesvercken
------ avocate ------
En partenariat avec les Professeurs
Michel Vivant et Valerie.Laure Benabou
18, avenue Victoria 75 001 Paris
Tel. : 01 4221 3476
Fax: 01 42 21 32 77
Mobile: 0607971462
contact@gilfesvercken.com
www. gillesvercken. com
By registered letter with return receipt
By Fax: + I 650-903-0875

Paris, April 14th 2010
Harvey Anderson
Mozilla Corporation
650 Castro Street, Suite 300
Mountain View, CA 94041
USA

RE : INFRINGEMENT TO IP RIGHTS

Dear Sir,

I am Kewego's lawyer.

Kewego provides a white label hosting video platform on the web to many clients in France and all
over the world.

Kewego noticed that, since February 10,2010 an "add-on" application allowing the download, via
firefox browser, of videos that are broadcast only on streaming, is provided on your website:

https://addons.mozilla.org/en-US/firefox/addon/75778

https://addons.mozilla.org/fr/firefox/addon/75778

This "add-on" is proposed under the name of "Kewego", even if my client is not involved in the
development of this application.

We are also writing directly to the developer on the email he put on your website.

I draw your attention of the fact that this "add-on" is infringing Kewego's rights by:

using the "kewego" trademark,
using the kewego logo protected by the copyright,

Moreover, the use of Kewego's name can be consider as unfair competition under art 1382 of the
French civil Code.

This "add-on" may also have been done by infringing Kewego's right over the software applications
use on its video platforms.

Lastly, this "add-on" allowing downloading protected content stream on Kewego's platforms infringes
Kewego's agreements made with rights holders of the contents, who allowed the streaming of their
videos but not its download.

Kewego therefore hereby formally request that you immediately cease, totally and unconditionally the
distribution of this "add-on" from your website and that you take the appropriate arrangements to
avoid this application to appears again on your web site.
I inform you that my client does not want to start any action in front of the Courts, against your
corporation or even against the developer, since the application is quickly removed.

But if any action should be stmt in the future, you are formally request to keep the connection data of
the developer you have.

Due to our ethical rules of our profession, we are entirely at your lawyer disposal.

Sincerely,
Gilles Vercken

Sorry about that. I'm from Vancouver, BC, Canada.

I hereby state, under penalty of perjury, that I am the owner of the copyright that is being infringed.

On Mon, May 10, 2010 at 4:49 PM, Elizabeth Compton <ecompton@mozilla.com> wrote:

Hi again Arun,

Thank you for the additional information. Under U.S. copyright law, however, the DMCA notice must include certain elements. One of those is that the statement about you being the copyright owner must be made under penalty of perjury. For example, "I hereby state, under penalty of perjury, that I am the owner of the copyright that is being infringed." Could you also please identify the city and country where your address is located?

Thanks,

Liz Compton
Mozilla

Original Message -----
From: "Arun Dhir" <agentarun@gmail.com>
To: "Elizabeth Compton" <ecompton@mozilla.com>
Sent: Monday, May 10, 2010 3:41:56 PM
Subject: Re: A Firefox Persona uses my artwork

DMCA Notice:

Work infringed upon : http://megamanexev3.deviantart.com/art/Dark-Side-of-the-Moon-2-66374154

Description of infringement:

The following persona uses a slightly modified version of my image.

http://www.getpersonas.com/en-US/persona/89098

The entire rightmost side is exactly my image and the left of it is just copy and pasted from my original.

Personal Details:

Name: Arun Dhir
Phone: [phone number removed]
Address: [street address removed]

I believe in good faith that the use of this material I claim infringes on my copyright is not authorized by law. All information in this DMCA Notice is accurate. I am the owner of the exclusive copyright right that is being infringed.

On Mon, May 10, 2010 at 11:40 AM, Elizabeth Compton < ecompton@mozilla.com > wrote:

Hi Arun,

Thank you for your email. Before we can take any action on your request, we need to receive a notice that complies with the requirements of the DMCA. You can find those requirements by scrolling down to the Digital Millennium Copyright Act Notice section on this page: http://www.mozilla.com/en-US/about/legal.html . In particular, you must include (i) in addition to your name and telephone number, your mailing address, and (ii) a statement under penalty of perjury that you are either the owner of, or a person authorized to act on behalf of an owner of, the exclusive copyright right that is being infringed.

Once we receive a DMCA compliant notice we will take down the reported Persona and forward your notice to the person who posted it.

Sincerely,

Liz Compton
Mozilla

Original Message -----
From: "Arun Dhir" < agentarun@gmail.com >
To: dmcanotice@mozilla.com
Sent: Friday, May 7, 2010 5:35:00 PM
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

A friend phoned me one day to congratulate me for having a very popular persona, with over 40,000 users. I was surprised because I didn't remember submitting one. He gave me the following link:
http://www.getpersonas.com/en-US/persona/89098 , which contained a modified version of my artwork.

My phone number is [phone number removed]. You may phone me for further details.

This is a statement by me that I believe in good faith that the use of this material I claim infringes on my copyright is not authorized by law. All information in this DMCA Notice is accurate. I

--
Arun Dhir

"To be is to do" - Socrates
"To do is to be" - Jean-Paul Sartre
"Do be do be do" - Frank Sinatra
"Scooby dooby doo" - Scooby Doo

Dear mozilla staff,

I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA). I wish to report an instance of what I feel in good faith is an instance or 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:

Hippie (http://magnusti78.deviantart.com/art/Hippie-108438723)

2. The material appears at the website addresses:

http://www.getpersonas.com/en-US/persona/77601

3. The material appears on my Web site at these addresses:

Hippie (http://magnusti78.deviantart.com/art/Hippie-108438723)

4. The infringing material is available through the following search results and links

-

5. My contact information is as follows:

Satu Olkkola,
Porthaninkatu 5 a 27
00530 Helsinki
Finland
Ph. +358445485785
satu.olkkola@helsinki.fi
magnus_ti@hotmail.com

6. I have a good faith belief that the use of the material that appears on the service is not authorized by the copyright owner, its agent, or by operation of law.

7. The information in this notice is accurate, and I am the copyright owner. It should be noted that we are researching the existence of other images that are copyrighted material.

I declare under the perjury laws of the United States of America that this notification is true and correct.

Signed: Satu Olkkola (artist name: Satu Oli)
Uudessa IE8 selaimessa on uudet pikatoiminnot. Lataa.

Dear ArtFire Admin:

I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA). I wish to report an instance of what I feel in good faith is an instance or 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:

Dance Of the Dusk (http://magnusti78.deviantart.com/art/Dance-of-the-Dusk-97400974)
First Snow (http://magnusti78.deviantart.com/art/First-Snow-103562895)

2. The material appears at the website addresses:

http://www.getpersonas.com/en-US/persona/77910
http://www.getpersonas.com/en-US/persona/77658

3. The material appears on my Web site at these addresses:

Dance Of the Dusk (http://magnusti78.deviantart.com/art/Dance-of-the-Dusk-97400974)
First Snow (http://magnusti78.deviantart.com/art/First-Snow-103562895)

4. The infringing material is available through the following search results and links

-

5. My contact information is as follows:

Satu Olkkola,
Porthaninkatu 5 a 27
00530 Helsinki
Finland
Ph. +358445485785
satu.olkkola@helsinki.fi
magnus_ti@hotmail.com

6. I have a good faith belief that the use of the material that appears on the service is not authorized by the copyright owner, its agent, or by operation of law.

7. The information in this notice is accurate, and I am the copyright owner. It should be noted that we are researching the existence of other images that are copyrighted material.

I declare under the perjury laws of the United States of America that this notification is true and correct.

Signed: Satu Olkkola (artist name: Satu Oli)
Uudessa IE8 selaimessa on uudet pikatoiminnot. Lataa.

I am writing on behalf of Boeing Management Company, a wholly-owned
subsidiary of The Boeing Company (Boeing) 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;
* The use of the Boeing name and trademark (including the
registered mark 787) is not authorized by Boeing.
* 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;
* https://www.getpersonas.com/en-US/gallery/Designer/dazzer123
*
*

We believe in good faith that the use of the Boeing trademark is not
authorized by law, or by Boeing, owner or such owner's agent; and, (ii)
that all of the information contained in this DMCA Notice is accurate,
and under penalty of perjury, that I am authorized to act on behalf
Boeing, owner of the trademark that is being infringed.

Sincerely,
Lourdes L Mansfield
Intellectual Property Management
Enforcement and Audit
Phone: (206) 662-6620
P.O. Box 3707, M/C 14-84
Seattle, WA 98124

This message is for the designated recipient only and may contain
privileged, proprietary, or otherwise private information. If you have
received it in error, please notify the sender immediately and delete
the original. Any other use of the email by you is prohibited.

(See attached file: c&d mozilla-skins Louis Vuitton.pdf)

Dear Mr. Anderson,

I am in-house legal counsel for Louis Vuitton Malletier (hereinafter referred to as “Louis Vuitton”). Louis Vuitton owns certain copyrights and trademarks registered throughout the world, including in the United States (“the Louis Vuitton Properties”, see below).

Owner Trademark Registration Nr. Copyrights
Louis Vuitton Malletier "Louis Vuitton" 1.990.760 VA 1-250-121, VA 1-250-120, VA 1-365-644 and VA 1-365-645
"LV Logo" 1.519.828
"Floral Device" 3.107.072

We would like to ask your assistance with removing the Infringing Material.

I state UNDER PENALTY OF PERJURY that I am authorized to act on behalf of the owner of the above listed intellectual property rights (“IP Owner”). I have a good faith belief that the Infringing Material is not authorized by the IP Owner, its agent, or the law, and therefore infringes the IP Owner’s rights and that the information in this notice is accurate.

Please kindly confirm your action at your earliest convenience.

Sincerely,

Nikolay Livadkin
LVMH Fashion Group
Intellectual Property Department
2, rue du Pont Neuf
75001 Paris, FRANCE
Tel: +33 1 55 80 32 00
Fax : +33 1 55 80 41 19
email: ipd@louisvuitton.com

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Dear sirs,

Followings are URLs of Personas which infringe our clients' rights.
Please refer list below, and it would be appriciated if Mozilla could take appropriate actin for them.

Sincerely,

Art Bank Co.,Ltd.
ayano yamanouchi

---------------------------------------------------

Dear Sir or Madam,

Upon closer review, we realized that your notice is not complete. Before we can take action under the DMCA, you must identify the specific copyrighted works that you claim have been infringed. If you can provide URLs where they are posted online, that would be helpful. Also, simply including search results isn't sufficient identification of the works you claim are infringing. Please provide a list of the specific Personas you claim infringe your copyright and should be taken down.

Thank you for your cooperation.

Sincerely,

Liz Compton
Mozilla

Original Message -----
From: "Elizabeth Compton" <ecompton@mozilla.com>
To: j-admin@art-bank.co.jp
Sent: Friday, April 2, 2010 9:50:54 AM
Subject: Re: Personas take down request

Dear Sir or Madam,

Thank you for your DMCA notice. We have begun the take down process and will forward a copy of the notice to the email addresses we have for the individuals who posted the Personas.

Sincerely,

Liz Compton
Mozilla

Original Message -----
From: j-admin@art-bank.co.jp
To: dmcanotice@mozilla.com
Sent: Thursday, April 1, 2010 10:22:11 PM
Subject: Personas take down request

Dear sirs,

We are rights management agency in Japan, and sending this request on behalf of our client, Johnny&Associates, one of top entertainment agencies in Japan.
We've found several Personas using photos/images of singers and actors who have closed management contract with Johnny&Associates, without appropriate approval. We'd request Mozilla to take down those from Personas gallery asap. Please refer following details, and it would be great if you could take appropriate action.

Personas infringing our client's rights are as follows.
Search results by "Arashi"
http://www.getpersonas.com/ja/gallery/All/search?p=Arashi&search.x=0&search.y=0
(except http://www.getpersonas.com/ja/persona/116581, http://www.getpersonas.com/ja/persona/147404)
Search results by "SMAP"
http://www.getpersonas.com/ja/gallery/All/search?p=SMAP&search.x=0&search.y=0

We've never granted right to this Personas author and will never approve.

My contact information are as follows.
Name: Art Bank Co.,Ltd. ayano yamanouchi
Address: PARK LANE.4F 2-6-10,jingumae Shibuya-ku,Tokyo 150-0001 Japan
Phone: 81.3.3423.8611
e-mail: j-admin@art-bank.co.jp

I believe in good faith that the use of the material that I claim infringes my copyright is not authorized by me. In addition, all of the information above is accurate, and under penalty of perjury, that I am either the owner of the exclusive copyright right that is being infringed.

It would be great if you could disable this Personas ASAP. If you need any more information, please let me know.

Sincerely,
Art Bank Co.,Ltd.
ayano yamanouchi

It appears that one of your more popular Personas is using my work. The persona is here:

http://www.getpersonas.com/en-US/persona/80191

My original is here:

http://www.digitalblasphemy.com/preview.shtml?i=ostereier

I would like it removed. Here's my contact info:

Digital Blasphemy
P.O. Box 6077
Bloomington, IL 61702-6077
[phone number removed] (cell)

I hereby attest that I believe in good faith that the use of the material that I claim infringes my 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 my DMCA Notice is accurate, and under penalty of perjury, that I am either the owner of the exclusive copyright right that is being infringed.

Thanks for your time

Ryan Bliss
Digital Blasphemy
http://digitalblasphemy.com/

VIA ELECTRONIC MAIL

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

Dear Sir or Madam:

I CERTIFY UNDER PENALTY OF PERJURY that I am an agent authorized to act
on behalf of Burberry Limited ("IP Owner"), the owner of certain
intellectual property rights, specifically federal trademark
registrations U.S. Reg. No. 260,843 (issued August 27, 1929) and U.S.
Reg. No. 510,077 (issued May 24, 1949) for the BURBERRY word mark, U.S.
Reg. No. 1,241,222 (issued June 7, 1983) and U.S. Reg. No. 2,022,789
(issued December 17, 1996) for the BURBERRY CHECK trademark, and U.S.
Reg. No. 863,179 (issued January 7, 1969) for the EQUESTRIAN KNIGHT
DEVICE.

I have a good faith belief that the materials found through the link
below are not authorized by the IP Owner, its agent, or the law and
therefore infringe the IP Owner's rights according to state, federal, or
United States law. Please act expeditiously to remove or disable access
to the following materials or items claimed to be infringing.

http://www.getpersonas.com/en-US/persona/75337

http://www.getpersonas.com/en-US/gallery/All/search?p=burberry

http://www.getpersonas.com/en-US/persona/77527

http://www.getpersonas.com/en-US/persona/84932

http://www.getpersonas.com/en-US/persona/95371

http://www.getpersonas.com/en-US/persona/95889

http://www.getpersonas.com/en-US/persona/96055

http://www.getpersonas.com/en-US/persona/148073

Please contact me if you have any questions.

Sincerely,

Melissa Roth

Intellectual Property Counsel - Americas

Burberry

444 Madison Avenue

New York, NY 10022

Tel: +1 (212) 707 6633

Fax: +1 (212) 707 6561

www.burberry.com

>>> CONFIDENTIALITY NOTICE <<<

This electronic mail message, including any and/or all attachments, is
for the sole use of the intended recipient(s), and may contain
confidential and/or privileged information, pertaining to business
conducted under the direction and supervision of the sending
organization. Unauthorized interception, review, use, disclosure or
distribution of any such information contained within this electronic
mail message and/or its attachment(s), is strictly prohibited. If you
are not the intended recipient, please contact the sender by replying to
this electronic mail message, along with the destruction of all copies
of the original electronic mail message (and any attachments).

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
plc, a company incorporated in England and Wales with registered number
03458224 whose registered office is at Horseferry House, Horseferry Road, London, SW1P 2AW
and where the context requires, includes its subsidiaries and
associated undertakings.

Dear Mr Anderson

The personas listed on the following page infringe our rights as they reproduce the Burberry Check trade mark without our authorisation:

http://www.getpersonas.com/en-US/gallery/All/search?p=burberry&search.x=0&search.y=0

I hereby confirm that I believe in good faith that the use of the material is not authorized by law, or by the trade mark owner, Burberry Limited, or such owner's agent; and, (ii) that all of the information contained in this DMCA Notice is accurate, and under penalty of perjury, that I am a person authorized to act on behalf an owner of, the trade mark that is being infringed.

We would be grateful if you could arrange for these personas to be removed.

Regards
Jeff Warren
Counsel - Intellectual Property

Burberry Limited
Horseferry House
Horseferry Road
London UK SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909

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 plc, a company incorporated in England and Wales with registered number 03458224 whose registered office is at Horseferry House, Horseferry Road, London, SW1P 2AW and where the context requires, includes its subsidiaries and associated undertakings.

Dear Elisabeth

Can you please remove the following persona as it infringes our trade
mark for the Burberry Check.

http://www.getpersonas.com/en-US/persona/181224

Regards
Jeff Warren
Counsel - Intellectual Property

Burberry Limited
Horseferry House
Horseferry Road
London SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909
***********************************************************************

Dear Liz

Can you please have the following personas removed as they infringe our
rights in the Burberry Check trade mark:

http://www.getpersonas.com/en-US/persona/196487

http://www.getpersonas.com/en-US/persona/198362

Regards
Jeff Warren
Counsel - Intellectual Property

Burberry Limited
Horseferry House
Horseferry Road
London SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909

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
plc, a company incorporated in England and Wales with registered number
03458224 whose registered office is at Horseferry House, Horseferry Road, London, SW1P 2AW
and where the context requires, includes its subsidiaries and
associated undertakings.
************************************************************************************

From: Jeff Warren
Sent: 14 May 2010 15:22
To: 'Elizabeth Compton'
Subject: RE: Trade Mark Notice

Dear Liz

People keep making infringing personas using our name, check and now
copyright protected advertising photos.

Can these not be proactively stopped before they are uploaded?

Can you please have these removed:

http://www.getpersonas.com/en-US/persona/93356

and

http://www.getpersonas.com/en-US/persona/211531

Regards
Jeff Warren
Counsel - Intellectual Property

Burberry Limited
Horseferry House
Horseferry Road
London SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909

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
Jeff Warren
Counsel - Intellectual Property

Burberry Limited
Horseferry House
Horseferry Road
London SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909
**********************************************************************************

Dear Liz

Can you please have this persona removed as it reproduces the Burberry
Check, Burberry word mark and our copyright protected advertising photos
without our permission:

http://www.getpersonas.com/en-US/persona/220078

Regards
Jeff Warren
Counsel - Intellectual Property

Burberry Limited
Horseferry House
Horseferry Road
London SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909
*************************************************************************************

Dear Liz

Can you have the following persona removed for the usual reason of trade
mark infringement?

http://www.getpersonas.com/en-US/persona/238983

Many thanks.

Regards
Jeff Warren
Senior IP Counsel

Burberry Limited
Horseferry House
Horseferry Road
London SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909

Dear Liz

Can you please have the following persona removed as it reproduces the
Burberry Check trade mark without our authorisation:

http://www.getpersonas.com/en-US/persona/265832

Regards
Jeff Warren
Senior IP Counsel

Burberry Limited
Horseferry House
Horseferry Road
London SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909

Dear Liz

Can you please remove the following personas as they reproduce the
Burberry Check and word trade mark without our permission:

http://www.getpersonas.com/en-US/persona/281538

http://www.getpersonas.com/en-US/persona/279595

Regards
Jeff Warren
Senior IP Counsel

Burberry Limited
Horseferry House
Horseferry Road
London SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909
**********************************************************************************

Dear Liz

Can you please have this Persona removed as it infringes our right in
the Burberry Check and the Burberry word trade mark

http://www.getpersonas.com/en-US/persona/288581

Thanks.

Regards
Jeff Warren
Senior IP Counsel

Burberry Limited
Horseferry House
Horseferry Road
London SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909
****************************************************************************

Dear Liz

Can we please have the following persona removed as it reproduced the
Burberry Check trade mark without our permission.

http://www.getpersonas.com/en-US/persona/297405

Regards
Jeff Warren
Senior IP Counsel

Burberry Limited
Horseferry House
Horseferry Road
London SW1P 2AW

Tel: +44 (0) 203 367 3451
Fax: +44 (0) 203 367 4909

Hello,

Here's the full statement:

"I believe in good faith that the use of the material that I claim infringes on my copyright is not authorized by law. All of the information contained in my DMCA Notice is accurate, and under penalty of perjury, that I am the owner of the exclusive copyright right that is being infringed."

Thank you,
Miranda

______________________________________

Miranda Adria @ http://www.mirandaadria.com

> Date: Wed, 31 Mar 2010 16:39:39 -0700
> From: ecompton@mozilla.com
> To: neugotisch@hotmail.com
> Subject: Re: Copyright Violation
>
> Dear Ms. Barredo,
>
> Thank you for your email. Before we can take any action on your request, we need to receive a notice that complies with the requirements of the DMCA. You can find those requirements by scrolling down to the Digital Millennium Copyright Act Notice section on this page: http://www.mozilla.com/en-US/about/legal.html. In particular, you must include a statement (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 of an owner of, the exclusive copyright right that is being infringed.
>
> Once we receive a DMCA compliant notice we will take down the reported Persona and forward your notice to the person who posted it.
>
> Sincerely,
>
> Liz Compton
> Mozilla
>
> ----- Original Message -----
> From: "Miranda Adria" <neugotisch@hotmail.com>
> To: dmcanotice@mozilla.com
> Sent: Wednesday, March 31, 2010 4:01:34 PM
> Subject: Copyright Violation
>
> Hello,
>
> My name is Cristina Barredo d/b/a Miranda Adria. I am writing to report the theft of one of my images, which was used to create a Mozilla Persona without my permission.
>
> My hand-written and scanned signature is attached as an image to this email.
>
> Here is the work that was stolen from me: http://bitchinblack.deviantart.com/art/BLACK-MAGIC-WOMAN-73954652
> Here is the link where the infringing upload is located: http://www.getpersonas.com/en-US/persona/86358
>
> My full information is as follows:
>
> Cristina Maria Barredo
> [street address removed]
> Jupiter, FL 33458
>
> Cell: [phone number removed]
> Email: neugotisch@hotmail.com
>
> I, in good faith as the owner of copyright to this particular image, did not allow this person to alter my work and create a Mozilla Persona with it. Therefore, this Persona infringes on my copyright.
>
> Please remove it ASAP
>
> Thank you,
> Miranda
>
> ______________________________________
>
> Miranda Adria @ http://www.mirandaadria.com

I'm writing you to inform you that this persona http://www.getpersonas.com/en-US/persona/5473 is based on an image of mine that can be found on my deviantart account http://donia.deviantart.com/art/Kyoko-Wallpaper-8910489 and that I've published on July 2004.
Since the author didn't ask me for permission and my name has been cut out of the image I'm asking you to remove it as soon as possibile.

I believe in good faith that the use of the material that infringes my copyright is not authorized by law, or by me; and all of the information contained in my DMCA Notice is accurate, and under penalty of perjury, I'm the owner of the exclusive copyright right that is being infringed..

Thank you
Donia Al khatib

[street address removed]
00176 - Roma
Italy
[phone number removed]

To Whom It May Concern,

I, Elizabeth Rupp, certify under penalty of perjury, that I am the owner of certain intellectual property rights.

The items or materials listed below are not authorized for use at the domain of ([infringing website domain here]) and therefore infringes my rights as copyright owner. I hereby demand that you act expeditiously to remove or disable access to the material or items claimed to be infringing.

Infringing material that I demand be disabled or removed in consideration of the above:

http://www.getpersonas.com/en-US/persona/84813

Location of ORIGINAL WORKS:

http://wildspiritwolf.deviantart.com/art/Veterinary-Shield-Wolf-Tattoo-100475379

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable belief that the rights I own are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly.

Thank you.

Elizabeth Rupp
[street address removed]
Aurora, IL 60505 
[phone number removed] 
Simbacub32@aol.com

Dir sirs,
I've been a big fan of Firefox and have enjoyed using and creating
Personas. However, I've found a Personas using my creation without my
approval and I'd request Mozilla to take down that from Personas gallery
asap. Please refer following details, and it would be highly appreciated
if you could take appropriate action.

Personas infringing my right: http://www.getpersonas.com/ja/persona/70901
My creation:
http://www.pixiv.net/member_illust.php?mode=medium&illust_id=6077937

As you can see, Personas http://www.getpersonas.com/ja/persona/70901 is
using graphics created by me
http://www.pixiv.net/member_illust.php?mode=medium&illust_id=6077937,
but I've never granted reuse right to this Personas author and will
never approve.

My contact information are as follows.
Name: Sayaka Fujita (female)
Address:[street address removed] Gifu 501-6015 JAPAN
Phone: [phone number removed]
e-mail: du_ki@hotmail.co.jp

I believe in good faith that the use of the material that I claim
infringes my copyright is not authorized by me. In addition, all of the
information above is accurate, and under penalty of perjury, that I am
either the owner of the exclusive copyright right that is being infringed.

It would be great if you could disable this Personas ASAP. If you need
any more information, please let me know.

Best regards,
Sayaka Fujita / du_ki@hotmail.co.jp

Harvey Anderson
Mozilla Corporation
650 Castro Street, Suite 300
Mountain View, CA 94041
Email: dmcanotice@mozilla.com
Phone Number: 650-903-0800
Fax: 650-903-0875

Hello Mr. Anderson,

One of my copyrighted images (a ferret with bunny ears) is being used
illegally here:

https://addons.mozilla.org/en-US/firefox/search?q=ferret&cat=personas&appid=1&pp=5

I want to convey to you that in good faith the use of the material above
infringes on my copyright, is not authorized by law, or by me, the
copyright owner; and, that all of the information contained in my DMCA
Notice is accurate, and under penalty of perjury, that I am the owner of
the exclusive copyright right that is being infringed.

To that end I am attaching a pdf of the images from my 2001 Ferret
Calendar, Famous Ferrets. You will see that the April image is the ferret
with the bunny ears. These images are registered with the Federal
Copyright Office. Please remove this image as it's use is illegal under
the Federal Copyright Act and advise the user of the violation. Also
please notify me when the image has been removed.

Thank you,

Jeanne Carley
Jeanne Carley's Ferret Company
http://www.ferretcompany.com
P.O. Box 7161
Redwood City, CA 94063
650 851-3750
jeanne@ferretcompany.com

The copyrighted work at issue is the image that appears in the Persona "Retro Notes" and it was uploaded by user "Listig" on 6/22/2009.

The URL where the copyrighted material is located is here: http://www.getpersonas.com/en-US/persona/32757

You can reach me at enju001@gmail.com for further information or clarification. My phone number is [phone number removed] and my mailing address is [street address removed], Columbia, SC 29210.

I, Keara Contartesi, believe in good faith that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Keara Contartesi
March 23, 2010

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

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.

Sincerely,

Liz Compton
Mozilla

Original Message -----
From: "Rachel Anderson" <silverstars1@gmail.com>
To: 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 -

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
******************************************

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.

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

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 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.

Sincerely,

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

tel. (818) 777-4876
fax (818) 866-2026
antipiracy@nbcuni.com

*pgp public key is available on the key server at http://pgp.mit.edu

- For any correspondence regarding this case, please send your emails to antipiracy@nbcuni.com and refer to Notice ID: 14-20878082. If you need immediate assistance or if you have general questions please call the number listed above.

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-----

Electronic Notice of Claimed Infringement

Date: 03/12/10

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

Dear Mozilla:

I, the undersigned, state UNDER PENALTY OF PERJURY that

I am, the owner, 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 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 act expeditiously to remove the listings identified in the
addendum.

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

Work(s) infringed:
Marvel Villians by Al Rio
http://www.getpersonas.com/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

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

DMCA Notice of Alleged Infringement ("Notice")
----------------------------------------------

I wish to report the unauthorised modification and upload of five of my
original artworks to Mozilla's getpersonas.com which I alone created and
for which I hold the sole copyright.

The images in question are listed below with links to the original
material in my Deviant Art gallery (where my username is Velvet--Glove
and from which the original images were taken) followed by links to
the infringing images on getpersonas.com. All images were taken by user
"candelora", modified for use as a "Persona" and added to
getpersonas.com, all without my knowledge or consent.

1. Original:
http://velvet--glove.deviantart.com/art/Butterfly-Dance-107549305.
Copy:
http://www.getpersonas.com/en-US/persona/76107

2. Original:
http://velvet--glove.deviantart.com/art/Daisy-Chain-131731417
Copy:
http://www.getpersonas.com/en-US/persona/103002

3. Original:
http://velvet--glove.deviantart.com/art/Secret-Garden-123780961
Copy:
http://www.getpersonas.com/en-US/persona/85368

4. Original:
http://velvet--glove.deviantart.com/art/Aurora-104404913
Copy:
http://www.getpersonas.com/en-US/persona/85556

5. Original
http://velvet--glove.deviantart.com/art/In-Flanders-Fields-102641939
Copy:
http://www.getpersonas.com/en-US/persona/84695

My full legal name and contact details are as follows:
Name: Christine-Ann Martin
Address: [street address removed], Beeston, Nottingham, NG9 6LS, UK
Tel: (Private - can be supplied on request if necessary)
Email: CAM1@shadoworld.co.uk

I hereby state that I have a good faith belief that the disputed use of
the copyrighted material is not authorized by the copyright owner, its
agent, or the law (e.g., as a fair use).

I hereby state that the information in this Notice is accurate and,
under penalty of perjury, that I am the owner, or authorized to act on
behalf of the owner, of the copyright or of an exclusive right under the
copyright that is allegedly infringed.

I sincerely hope that you will remove these images from your servers as
soon as possible.

Yours sincerely,

Christine-Ann Martin

NB. See attached image for electronic copy of my physical signature

Digital Millennium Copyright Act Notice
Harvey Anderson
Mozilla Corporation
650 Castro Street, Suite 300
Mountain View, CA 94041

Dear Harvey Anderson,

I notify under mentioned website infringes copyright of "Eijiro". On behalf of ALC PRESS
INC. as Eijiro's copyright agent authorized by the copyright owner, I request you to take
reasonable action as soon as possible.

Website: hUps://addons.mozilla.org/ja/firefox/addon/8688

At the above website "Eijiro" was illegally copied

I believe in good faith that the use of "Eijiro" that I claim infringes our copyright is not
authorized by law, or by ALC PRESS INC. All of the information contained in my DMCA
Notice is accurate, and under penalty of perjury, that I am a person authorized to act on
behalf of an owner of, the the exclusive copyright right that is being infringed.

Regards,
K.Saga
Director
ALC PRESS INC.
2-54-12, Eifukucho, Suginami-ku,
Tokyo, 168-8611 JAPAN
Tel: 03-3323-1275
Fax: 03-3323-0433
e-mail: saga@alc.co.jp

February 16, 2010

To: dmcanotice@mozilla.com

From: Danielle Tetreault, Copyright Manager for Up Your Art

Re: Copyright Infringement

The following persona was created using the artwork of Studio 43, http://www.getpersonas.com/en-US/persona/33855. This image contains artwork which is licensed and copyright protected through our company, the artist has a signed contract and being a legal representative of said artists, it is in my power to request immediate removal of the persona created and being shared. The art in question can be seen on our website at www.upyourart.com under the artist’s name.

I state that I believe in good faith that the use of the material that I claim infringes our 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 I am either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed.

Thank you for your immediate attention in this matter,

Danielle Tetreault

Copyright Manager

violations@upyourart.com

UpYourArt

5042 State Park Rd

Lockhart, TX 78644

512-227-1111

Dear Mr. Anderson,
My name is Lugene Christner, and I recently found a work of mine submitted to you as a persona by kazzoom, and the persona is named Dragon Eye. The url for the stolen work is http://www.getpersonas.com/en-US/persona/26723. This apparently was submitted on 6/2/2009. The original work by me can be found at http://pumakitten.deviantart.com/art/Nightwing-68572538, with watermark and copyright and disclamer that this is not to be used without permission.

The person who submitted this never asked me for it. This work was made as a wall paper pack, and also contains the disclaimer as follows :My gallery and images contained in it are Copyright ©2007-2008 Pumakitten. All rights reserved. All the materials contained in my deviantART gallery do not belong to the public domain. All downloads made available are for peronal use only and may not be posted, reproduced, copied, edited, published, transmitted, borrowed, duplicated, printed, in whole or part, on or to any other site for any reason without my express written permission. Copying or using my work for other than personal use is prohibitied.

My contact information is as follows:
Lugene Christner
[street address removed]
Monongah, WV. 26554
Phone: [phone number removed]
email: pumakitten@comcast.net

I Lugene Christner do believe in good faith that the use of the materialdescribed above infringes your copyright is not authorized by law, or by the copyright owner (me) or such owner's agent; and, that all of the information contained in my DMCA Notice is accurate, and under penalty of perjury, that I, Lugene Christner am the owner of, the exclusive copyright right that is being infringed.

I would most appreciate it if you could remove the persona from the gallery. Thank you for your time. Sincerely,
Lugene Christner

Mr. Anderson,

My name is Ab Kuenzli. I go by "Bud". I am a professional photographer residing in North Pole, Alaska. I am a retired high school teacher/principal/technology manager. Three new Firefox Personas use cropped portions of a famous image of mine.

One Persona is found at https://addons.mozilla.org/en-US/firefox/persona/47422. You can see this is a crop of a famous image of mine found at http://apod.nasa.gov/apod/ap071009.html . That image has been licensed by me in the past and has monetary value. The Persona is a crop of a section of the upper right area that includes the Pleides constellation.

The second Persona is actually another crop of the same image. You will see https://addons.mozilla.org/en-US/firefox/persona/15826 is a crop of the above apod.nasa image which was then reversed (flipped horizontally). This Persona crops from the left middle area and extends to catch the meteor and beyond; it is cropped and flipped.

The THIRD Persona takes from the same image yet again! https://addons.mozilla.org/en-US/firefox/persona/34771 is a crop from the right middle of my original image.

You can see further examples of my work at http://www.pbase.com/santa. That web page includes the image in question, whose original file name is _V5U9211. This image is possibly my most famous image due to the wide recognition the NASA Astronomy Picture of the Day has throughout the world. At http://www.pbase.com/santa/aurora you might note a comment by Katherine Lewis from Oct. 19, 2008 that lends further evidence of the existence of this image on my personal web site.

The NASA Astronomy Picture of the Day creates a DVD of honored images. They also publish a list of copyright holders. You will find my name listed at http://teacherlink.ed.usu.edu/tlnasa/reference/ImagineDVD/Files/apod/apod/lib/copyright_holders.html . My only copyright with APOD is for the NASA Astronomy Picture of the Day in question as linked above.

In all good faith I believe the above three images as linked are cropped portions of _V5U9211 of which I am the original photographer and owner of the copyright and as such each of the three images in question infringe on my copyright. All of the information contained in this DMCA Notice is accurate. I so state under penalty of perjury.

I do not know if I am supposed to contact or try to contact these offenders. I await your response on this matter. Thank you.

I am,

Ab (bud) Kuenzli
Digiview Productions
[street address removed]
North Pole, Alaska 99705
[telephone number removed]
kuenzli@gci.net

Included below is my electronic signature. A bit large. My apologies for that.

--
Bud Kuenzli

In cyberspace when you get where you're going you still don't know where you are - Bud Kuenzli

@@ Line 1: / Line 1: @@
-Here are DMCA, trademark infringement, and other related notices Mozilla has received since November, 2009. We update this list periodically.<br>
+Here are DMCA, trademark infringement, and other related notices Mozilla has received since November, 2009. We update this list periodically.
+(Note: I'm reorganizing this list and moving each notice to individual wiki pages for better organization, starting with the oldest. The current list (and the new one) are in reverse chronological order.)
+* [[Legal/Infringement Notices/03 December 2009|03 December 2009]] - PGA Tour
 ----
@@ Line 2,210: / Line 2,214: @@
 In cyberspace when you get where you're going you still don't know where you are - Bud Kuenzli
-----
-December 3, 2009
-VIA FAX NO.: f650)903-OS75
-Mozilla Corporation Attn: Legal Support, DMCA Complaints 650 Castro Street, Suite 300 Mountain View, CA 94041-2021
-Re: Unlawful Use of the PGA TOUR service mark - Firefox.com
-Dear Sir/Madam:
-PGA TOUR, Inc. operates three professional golf tours: the PGA TOUR, the Champions Tour and the Nationwide Tour. The PGA TOUR owns U.S, Registration No. 1,264,533 for the word mark "PGA TOUR" and Registration No. 1,264,522 for the mark "PGA TOUR & Design" (copies of which are attached for your reference), and has common law trademark rights in "PGA TOUR" across the United States.
-It has come to our attention that an "add-on" has been available on firefox.com that incorporates the PGA TOUR mark as downloadable wallpaper. The use of the PGA TOUR mark is likely to cause consumers to reach the mistaken belief that the PGA TOUR is associated, affiliated, or otherwise connected with fircfox.com. Therefore, your use of such mark constitutes service mark infringement. These actions give the PGA TOUR federal claims for service mark infringement, unfair competition and the creation of a false association under the Lanham Act, as well as state law claims for service mark dilution, deceptive trade practices and unfair competition.
-The PGA TOUR hereby demands that firefox.com cease immediately any and all use of the PGA TOUR mark.
-Please respond to the undersigned in writing within ten (10) days of the date of this letter to confirm that you have ceased all use of the above-referenced mark. This letter is written and sent without prejudice to any and all claims or rights that PGA TOUR may have against firefox.com.
 ----

Legal/Infringement Notices: Difference between revisions

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