зеркало из https://github.com/github/dmca.git
84 строки
4.6 KiB
Markdown
84 строки
4.6 KiB
Markdown
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**DMCA Notice
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Via email, abuse@github.com
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GitHub, Inc.
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88 Colin P Kelly Jr. Street
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San Francisco, CA 94107
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Re: Notice of Copyright and Trademark Infringement – WWW.PORT25.PW
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Dear Sir/Madam:
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We were informed by CloudFlare, Inc., which is listed as the host of www.port25.pw, that
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CloudFlare acts as a reverse proxy for the www.port25.pw site, and were directed to GitHub, the
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actual host. Our firm represents Port25 Solutions, Inc. (“Port25”) in connection with its copyright,
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trademark, and intellectual property matters. In accordance with GitHub’s Terms of Use
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(https://help.github.com/articles/github-terms-of-service/), I am writing to notify GitHub of the
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following activity, which we believe constitutes copyright and trademark infringement of Port25’s
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intellectual property rights.
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Background. Port25 (www.port25.com) is the owner and developer of the
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POWERMTA software, which is a leading email gateway application (SMTP server) for highvolume
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email delivery. Port25 has used the POWERMTA trademark since at least 2000 to
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promote its software, and it owns the copyrights in the software. Port25 also has a U.S. federal
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registration for the POWERMTA trademark (Registration No. 2526164; registered on January 1,
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2002; renewed on January 21, 2012) for “computer software, specifically high performance
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message transfer agent for handling large amounts of e-mail and data efficiently over the internet.”
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See Exhibit A (attached printouts from the U.S. Patent and Trademark Office website).
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Port25 has become aware of certain infringing activity on a website located at the URL
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www.port25.pw (the “Website”), which based on our investigation is hosted by GitHub. The
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PORT25.PW domain name (the “Domain”) is reported by the domain registrar’s records to be
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registered to a privacy protected registrant under NameCheap.com, and the registrant’s email
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address is listed as support@namecheap.com. The Registrant is herein referred to as the
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“Unauthorized User.”
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Identification of Infringing Material - Copyright. The Unauthorized User is not an
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authorized reseller, service provider or licensee of Port25’s POWERMTA software. The Unauthorized User appears to be reproducing and distributing POWERMTA software, and is in
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fact using the POWERMTA trademark, without authorization or license from POWERMTA.
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Identification of Infringing Material - Trademark. Throughout the Website and in
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the related Domain name, the Unauthorized User uses Port25’s POWERMTA trademark and its
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company name. The POWERMTA trademark is apparently being used to promote the
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reproduction and distribution of unauthorized infringing copies of the POWERMTA software.
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Port25 has not authorized the Unauthorized User to use the POWERMTA trademark or to
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reproduce, distribute or display the copyrighted software for PowerMTA. See Exhibit B (attached
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printouts from the port25.pw website).
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The Unauthorized User’s unauthorized use of Port25’s POWERMTA trademark
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throughout the Website and the Port25 company name in the domain is likely to cause confusion
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among consumers. The Unauthorized User’s use of the POWERMTA trademark also implies an
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affiliation with or sponsorship by Port25. Such acts are in violation of various provisions of the
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federal Trademark Act of 1946, as amended (15 U.S.C. §1051 et seq.) (the “Lanham Act”), as well
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as federal and state laws prohibiting unfair and deceptive trade practices. The Unauthorized User’s
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conduct is also in violation of GitHub’s Terms of Service and Copyright Policy.
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Contact Information for Port25’s Representative. I can be reached as follows:
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[private]
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Oliver & Grimsley, LLC
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502 Washington Ave., Suite 605
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Towson, MD 21204
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Phone: [private]
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Fax: [private]
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Email: [private]
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Good Faith Statement. Port25 has a good faith belief that the disputed use is not
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authorized by Port25, its agent, or the law.
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Statement under Penalty of Perjury. The information contained in this notification
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is accurate, and under penalty of perjury, I am authorized to act on behalf of Port25.
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With respect to the POWERMTA trademark, notice is hereby provided to GitHub that the
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Unauthorized User is, in addition to infringing the POWERMTA trademark, apparently violating
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the GitHub terms of service, and therefore Port25 hereby respectfully requests that GitHub
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terminate all services to the Domain to avoid further trademark infringement and violation of the
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GitHub terms of service.
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To the extent that GitHub does not host or otherwise provide a service that is in the chain
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of the hosting of the Website related to the Domain, please let me know.
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Thank you in advance for your assistance. Please do not hesitate to contact me with any
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questions.
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Sincerely,
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[private]
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