dmca/2017/2017-01-11-MetaQuotes.md

6.3 KiB

Dear Sirs,

Please take into consideration our below DMCA claim to cease and desist from hosting https://github.com infringing website and disable the infringing URL https://github.com/bishopp/MT4Reports and act within 7 days of delivery of this claim to stop hosting this website.

MetaQuotes Software Corp. will take all appropriate legal action to protect our rights and will pursue for legal damages and remedies against all parties directly and indirectly involved if the website is not ceased within the period specified.

CLAIM TO CEASE AND DESIST FROM HOSTING GITHUB.COM WEBSITE VIOLATING METAQUOTES SOFTWARE CORP.'S TRADEMARKS AND COPYRIGHTS HOSTED BY GITHUB, INC ON IP: 192.30.253.112

1. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

[private]
MetaQuotes Software Corp. and MQL5 Limited

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.

MetaQuotes Software Corp. is the developer of the MetaTrader 4 online trading platform and legal owner and/or exclusive and rightful user of all listed below intellectual property rights:

"MetaTrader". Trademarks, service marks,
registration number ROSPATENT №281939, Application Number №2003726044
dated December 30th 2003;
"MetaTrader". United States Patent
and Trademark Office. Trademark principal register Reg. No. 3,182,784
Registered December 12th 2006;
"MetaTrader". WIPO Certificate of Registration No 957372 Registered January 31st 2008;
"MetaTrader"
(MetaTrader). ROSPATENT Certificate of official registration of
computer programs №2003611699 dated July 17th 2003;

"MetaTrader" Taiwan Intellectual Property Office, Registration
Certificate No. 01757255, dated March 1st 2016
"MetaTrader"
Hong Kong Trademarks Registry Certificate of registration No.
303406707, dated
May 13th 2015
"MT4" Trademarks, service marks,
registration number ROSPATENT № 581779, Application Number №2015701958 dated January 29th 2015;

"MT4" Taiwan Intellectual Property
Office, Registration Certificate No. 01758370, dated March 1st 2016;
"MT4" Hong Kong Intellectual Property
Office, Certificate of Registration No. 303406680, dated February 29th 2016;
"MT4" WIPO Certificate of Registration No. 1316074, Registered August 1st 2016
"MQL4". Trademarks,
service marks, registration number ROSPATENT №340878, Application Number
№2006715104 dated June 6th 2006;
"MQL4". WIPO Certificate
of registration N 986555 Registered October 7th 2008;
"MQL5". Trademarks, service marks, registration number ROSPATENT №432642, Application Number №2009724189 dated October 1st 2009;
"MQL5". WIPO Certificate of registration N 1023842 Registered November 10th 2009

MetaQuotes Software Corp. is the exclusive owner of the following websites: www.metaquotes.net, www.metaquotes.ru, www.mql4.com, www.mql4.ru, www.metatrader4.com, www.mql5.com. All materials published on these sites are copyrighted and all rights are reserved by MetaQuotes Software Corp. therefore copying or reprinting of these materials including logos in whole or in part is strictly prohibited without the written permit of MetaQuotes Software Corp..

All the software products, materials, logos and documentation developed by MetaQuotes Software Corp. are subject to international copyright law. Information about the products of MetaQuotes Software Corp. is available on the company's official website at http://www.metaquotes.net.

URL of the allegedly infringing material in our search results: http://www.metaquotes.net/en/metatrader4

http://www.metatrader4.com

http://www.mql4.com

3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GitHub, Inc to locate the material.

On website https://github.com hosted by GitHub, Inc on IP: 192.30.253.112 trademarks and copyrights are being used without any authorization from the owner of the intellectual property rights, MetaQuotes Software Corp..

As per the below screenshot taken from https://github.com/bishopp/MT4Reports it is evident that the trademarks, logo and copyrights of our organization in the Metatrader 4 (MT4) platform are being used without permission on their website. Please be advised that MT4 is also a valid trademark of MetaQuotes Software Corp. registered in various jurisdictions around the world and is the the abbreviation of our trademark and copyrights to MetaTrader 4 platform.

4. Information reasonably sufficient to permit

GitHub, Inc to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.

MetaQuotes Software
P.O.Box 53786,
21 Iridos Street, Mesa Yitonia,
Limassol 4004, Cyprus

Tel: [private]
E-mail: [private]
Website: http://www.metaquotes.net

5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

We have a good faith belief that use of trademarks and copyrights complained of is not authorized by MetaQuotes Software Corp., its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

We confirm that the information in notification is true and accurate, and under penalty of perjury, certify that MetaQuotes Software Corp. is the owner of exclusive rights that are allegedly infringed.

We hereby request you to cease and desist from hosting this infringing website within 7 days of delivery of this claim.

Please provide us with the contact information of the owner(s) of this domain name in order to enable us to conduct a formal investigation.

Signed on this date of: January 5th, 2017
Best regards,
MetaQuotes Copyright Infringement Department
MetaQuotes Software Corp.