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dmca/2017/2017-06-26-Article.md

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Исходник Ответственный История

Attention: DMCA Agent
Dear Sirs/Mesdames:
Please see the attached correspondence, also reproduced below in accordance with GitHub's guidelines for submitting a DMCA Takedown Notice.
We are counsel for TradeMango Solutions Inc. (doing business as Article).
Article is an online retailer of modern furniture and home furnishings and operates a website and online store accessed through the URL <www.article.com> (the "Article Website"). Article is the owner of all rights (including copyright) in and to the Article Website and all content on such website. In particular, Article is the copyright owner of the following content:

  • All product photographs and advertising and promotional images depicting Article products
  • All written product descriptions
  • The Article Website terms of use, privacy policy, shipping terms, return policy and FAQs
    It has recently come to our client's attention that a website hosted on GitHub servers at the URL <www.frameandfabric.com> (the "Frame and Fabric Website") is nearly an exact and unauthorized copy of the Article Website and content.
    As such and in accordance with the GitHub DMCA Takedown Policy, we request that the entire Frame and Fabric Website located at the URL <www.frameandfabric.com> be immediately removed or disabled.
    By way of example of the nature and extent of the infringing content on the Frame and Fabric Website, we wish to bring your attention to the following:
  1. The Frame and Fabric Website Homepage
  • See http://frameandfabric.com
    The homepage of the Frame and Fabric Website is almost an exact copy of the homepage of the Article Website as it appeared on or around March-April 2017.
    Since the Article Website was recently updated to refresh the appearance of the homepage, we attach screenshots captured of the Article Website homepage from March-April 2017 and the Frame and Fabric Website homepage. For your convenience, the Article Website homepage from March-April 2017 can be accessed and viewed at the following URL: https://www.article.com/home/51/mar-6-apr-2. The layout of the infringing Frame and Fabric Website is nearly identical to that of the Article Website and many of the photographs and images protected by copyright and owned by Article are directly copied without authorization.
  1. "Lookbook No. 6"

Article's Lookbook No. 6 is a collection of photographs, images and text compiled to showcase Article's products to customers and prospective customers. Article's entire Lookbook No. 6 has been copied and posted to the Frame and Fabric Website without authorization. Many of the pages of Lookbook No. 6 appearing on the Frame and Fabric Website have the Article logo and watermark depicted on the top centre of the page.

  1. The Frame and Fabric Website "All Sofas" Page

The product photographs appearing on the "All Sofas" page of the Frame and Fabric Website are identical, unauthorized copies of product photographs appearing on the "All Sofas" page of the Article Website (Note: There are some broken/dead links on the Frame and Fabric Website). The product names are also copied. While some of the products may appear on the web pages in a different order, the photographs and names are identical. In addition to the "All Sofas" page, this the pattern of unauthorized copying by the Frame and Fabric Website is repeated on the product pages for each of the remaining categories of Article products, as follows: Chairs:

http://frameandfabric.com/browse/5/chairs/index.html

Tables:

Bedroom:

Storage:

Outdoor:

Rugs:

Decor:

  1. The Frame and Fabric Website Description of the Sven 72'' Sofa

The Frame and Fabric Website provides the following product description: Sven

Built with apartment dwellers in mind. All the comfort, classic but trendy design and mid-century modern appeal of the original Sven made to make the most of a smaller space. Each hide used for upholstery is as unique as a fingerprint. Natural color variations, wrinkles and creases are part of the unique characteristics of genuine leather.

  • Sturdy corner blocked wooden frame

  • High density foam with Polyester filling

  • Upholstered in full grain Italian leather

  • Pirelli webbing

  • Loose seat and back cushions

  • Loose bolsters included

The above text is identical to the description and features of the Sven 72" sofa on the Article Website: SVEN

Description: Built with apartment dwellers in mind. All the comfort, classic but trendy design and mid-century modern appeal of the original Sven made to make the most of a smaller space. Each hide used for upholstery is as unique as a fingerprint. Natural color variations, wrinkles and creases are part of the unique characteristics of genuine leather.

Features:

  • Sturdy corner blocked wooden frame

  • High density foam with Polyester filling

  • Upholstered in full grain Italian leather

  • Pirelli webbing

  • Loose seat and back cushions

  • Loose bolsters included

The above example of verbatim unauthorized copying and infringement of Article's rights is also the case for all other product descriptions appearing on the Frame and Fabric Website.

  1. The Frame and Fabric Website Terms of Use

The Frame and Fabric Website Terms of Use are identical to those on the Article Website with two minor exceptions under the heading "Trademarks" where the words "Frame and Fabric" replace "Article". As you will note, the Frame and Fabric Website Terms of Use even directly copies references to the Article Website [emphasis added]: Last Updated : June 26th, 2014, Version 1.1 Welcome to article.com. Your use of this website, article.com, is governed by the terms and conditions ("Terms") appearing herein below, as updated from time to time. The current version of these Terms is indicated hereinabove. These Terms constitute a legally binding agreement between you and TradeMango Solutions Inc (hereinafter referred to as "article.com") the owner and operator of article.com. There are references to "article.com" throughout the infringing Terms of Use, and notably no reference to the owner(s)/operator(s) of the infringing Frame and Fabric Website.

  1. The Frame and Fabric Website Privacy Policy

The Privacy Policy for the Frame and Fabric Website is also identical to the Privacy Policy for the Article Website and again directly copies references to the Article Website [emphasis added]: Current Version: Ver. 1.0 (15th September 2012) article.com understands and respects everyone's privacy rights and will make use of all information collected in a responsible and reasonable manner. Your use of article.com is governed by this Privacy Policy, as updated from time to time. Information With your use of article.com, we may collect a variety of information from and about you through different means. By way of example, and not limiting the generality of the foregoing, we may collect, store and process your IP address or addresses from which article.com is accessed and also your browser, operating system, platform and location, for, amongst other purposes, to track usage of our site. Also any information posted by you anywhere on article.com may also be collected and use for the aforementioned or other purposes.

  1. The Frame and Fabric Website "About Us" Page

The "About Us" page for the Frame and Fabric Website is also virtually identical to the "About Us" page for the Article Website. Some, but not all, of the references to "Article" have been replaced with "Frame and Fabric" with the notable exception of the reference to Article in the graphic table appearing under the heading "How we do it".

  1. The Frame and Fabric Website "Contact Us" Page

The "Contact Us" page appearing on the Frame and Fabric Website is also copied from the Article Website. While some of the references to "Article" have been replaced with "Frame and Fabric", the media inquiries contact email address on the Frame & Fabric Website is listed as "media@article.com". In addition, the office address and warehouse addresses appearing on the Frame and Fabric Website are to Article's head office in Vancouver, British Columbia, Canada, and its warehouses located in the United States of America.

  1. The Frame and Fabric Website Return Policy and FAQs Pages

The content of the infringing pages appearing at the above URLs from the Frame and Fabric Website are virtually complete copies of the content appearing on the Article Website. The virtually identical nature and content of these pages can be easily viewed at a glance by simply toggling from one page to the other and seeing that - with the exception of the company name/logo and the page header - the page views are otherwise static.

  1. The Frame and Fabric Website "In the Press" and "re:name" Pages

The content of the "In the Press" page appearing on the Frame and Fabric Website is copied from the Article Website, though some of the press quotations on the web pages appear in a different order. At the top of the page there is an explanatory note that reads: You will probably notice that some of these publications refer to us as Bryght. This is because Frame and Fabric was formerly known as Bryght (until May 2016).

Find out more about why we changed our name

The last sentence above links to the "re:name" page on the Frame and Fabric Website, which purports to describe why Frame and Fabric changed its name from "Bryght". Not only is the content of the "re:name" page identical to that set out on the Article Website, it also:

  • uses the same animated GIF file appearing at the top of the page showing the change from "bryght." to "ARTICLE."; and

  • includes a statement signed by [private], who is the Co-Founder and CEO of Article and who has no connection to or relationship whatsoever with Frame and Fabric ([private] is copied on this correspondence).

In view of the blatant unauthorized copying of the Article Website and the clear disregard which Frame and Fabric has shown for Article's intellectual property, including copyrights, we request that GitHub immediately take steps to remove or disable the entire Frame and Fabric Website located at <www.frameandfabric.com.

We confirm that we have read GitHub's Guide to Submitting a DMCA Takedown Notice made available at: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/.

This letter further confirms that we have a good faith belief that use of Article's copyrighted materials described above on the infringing Frame and Fabric Website is not authorized by Article, or its agent, or the law. We have taken fair use into consideration. In addition, we are acting as an authorized representative of the copyright owner, TradeMango Solutions Inc. (doing business as Article), and as noted above we are copying [private], [private] and [private] of Article, as a confirmation of such authorization.

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 or immediately will remove or disable the entire Frame and Fabric Website located at <www.frameandfabric.com.
We look forward to hearing from you. Of course, if you have any questions or require any additional information or materials, please do not hesitate to contact the undersigned.

Yours very truly,
[private]

[private]
Associate & Registered Trademark Agent

[private]

DIRECT

[private]

FACSIMILE

[private]

Osler, Hoskin & Harcourt LLP
Suite 1900, 340 Albert Street
Ottawa, Ontario, Canada K1R 7Y6