Citation :
Pursuant to the requirements of the U.S. Digital Millennium Copyright Act ("DMCA" ), Mozilla has taken down your persona 'simpsons nelson' in response to a take-down notice from Twentieth Century Fox Film Corporation and its related entities ("Fox" ). Fox's take-down notice is at the bottom of this email. You may wish to consult an attorney or legal aid group to understand the implications of this allegation.
In addition, you may wish to review the provisions of Section 512 of the DMCA. Under these provisions, you may be entitled to send us a put-back request. If this request meets the requirements detailed in Section 512(g), including a statement that you consent to the jurisdiction of a federal court in your US district of residence or the Northern District of California if you live outside the US (jurisdiction means that if the copyright holder sues you there, you agree to that location for the lawsuit to be decided), we may re-post your persona 10 days later unless Fox has filed a lawsuit against you. There are certain risks involved with such a request. Whether or not to make a put-back request is something only you (in conjunction with your counsel) can decide.
Mozilla Legal Team
Take-down notice from Fox follows:
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/86310 http://www.getpersonas.com/en-US/persona/104308
http://www.getpersonas.com/en-US/persona/221726
http://www.getpersonas.com/en-US/persona/89916 http://www.getpersonas.com/en-US/persona/238027
http://www.getpersonas.com/en-US/persona/99203 http://www.getpersonas.com/en-US/persona/117950
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