2.6 KiB
We are writing to you on behalf of Twentieth Century Fox Film Corporation ("Fox"), owner of copyright, trademark and other intellectual property rights (the "Fox IP") in, inter alia, the television series FUTURAMA (the "Series") and the computer game FUTURAMA: Worlds of Tomorrow (the "Game"). These rights include U.S. Trademark Reg. Nos. 2421632, 2459918, 2487775, 2522889, 2527723, 2764489 and 3056163, all for FUTURAMA (the "Fox Marks"). These rights also include trademark and copyright rights to the characters, images, designs, slogans, voices, and other distinctive creative elements of the Series and the Game; copyright rights to the Series and Game content; and the exclusive right to license the Fox IP and the Fox Marks. The Game is developed by Wooga in partnership and under license from Fox.
It has come to our attention that the website at http://futuramahacks.com/, which we understand is hosted by you, uses the FOX IP, including copyrighted images from the Game, and offers hacks to allow users to circumvent the feature-and currency-purchasing procedures in the Game, both without Fox's authorization (the "Infringing Website"). The Infringing Website creates consumer confusion because users encountering it will assume that Fox sponsors, endorses, or authorizes the content thereon, when it in fact does not. Accordingly, the Infringing Website violates Fox's trademark rights and constitutes unfair competition under the Lanham Act. See 15 U.S.C. § 1114 and § 1025.
Further, the use of copyrighted images from the Game constitutes copyright infringement under U.S. law. See 17 U.S.C. §§502 - 505.
We hereby demand that you, as ISP for the Infringing Website, stop the violation of the FOX IP by the infringer by removing or disabling users' access to the infringer's online location by July 26, 2017. We have attempted to contact the owner of the Infringing Website, but they have not responded to our email.
I have a good faith belief that the use of the material at the URL listed above is 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 email is not a complete statement of Fox's rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies, or defenses of Fox in connection with this matter, all of which are expressly reserved.
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21st Century Fox
2121 Avenue of the Stars Rm [Private]
Century City CA 90067
T [Private]
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