dmca/2018/2018-03-21-GYMatch.md

3.9 KiB

"I have read and understand GitHub's Guide to Filing a DMCA Notice."

Are you the copyright owner or authorized to act on the copyright owner's behalf?

Yes, I am the [private] of GYMatch - A health and Fitness Social APP [private] in 2013

What work was allegedly infringed? If possible, please provide a URL:

https://github.com/dmaulikr/Gymatch-iOS

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:

https://github.com/dmaulikr/Gymatch-iOS

Have you searched for any forks of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.

It is from my understanding according to a recent DMCA takedown that at least one of repositories were forked so this is in conjunction to the recent takedown. https://github.com/dmaulikr/Gymatch-iOS

I am not a developer but the "intellectual property" owner. I have searched through this gentleman's account and have provided all URL's I think are useful for removing the source code belonging to GYMatch.

Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?

The work is not licensed BUT this APP is copyrighted and supported by a Trademark in the US. I have not Authorized for any source code to be published to any site. There is no open source license granted to anyone.

Trademark Info:

Serial Number 86367814 Registration Number 4712255
Filing Date 08/15/2014 Registration Date 03/31/2015
Attorney
Owner [Private] Status REGISTERED

What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?

The best solution would be for this gentleman to dissolve his platform and delete any and all proprietary information belonging to GYMatch.

Do you have the alleged infringer's contact information? If so, please provide it:

I have not spoken to this contractor after he was hired and paid to complete the APP last year on [private]. I think he was suspended from the platform [private] which meant we could not speak to each other again. I'm unclear as to why he posted my code to Github... I'm alarmed that code I've spent well over $100,00 for is posted to an open forum. I'm very disappointed he would do this.

Type (or copy and paste) the following statement: "I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration."
"I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration."

Type (or copy and paste) the following statement: "I swear, under penalty of perjury, that the information in this 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."

"I swear, under penalty of perjury, that the information in this 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."

Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/

I confirm I have read your Guide to Submitting a DMCA Takedown Notice

So that we can get back to you, please provide either your telephone number or physical address:

Cell: [private]

Please type your full legal name below to sign this request:

[private]