2.5 KiB
I hereby state under penalty of perjury that I am authorized to act on behalf of Gymshark Limited (hereinafter "Gymshark"). 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.
Gymshark is a fitness apparel and accessories brand, manufacturer and online retailer based in the United Kingdom. Gymshark is the exclusive owner of Gymshark's associated Intellectual Property Rights ("IPRs") in different countries around the world.
Gymshark is the exclusive owner of all copyrighted material displayed on the official website gymshark.com (www.gymshark.comhttp://www.gymshark.com). Consequently, any exploitation (including but not limited to the use) of Gymshark's IPRs must be expressly authorized by my client.
You are using some of these copyrighted materials on your website github.com.
The below mentioned URLs from your website provide the below mentioned copyright protected materials owned by Gymshark:
- The source code of Gymshark official website - this has also led to emergence of lots of clone/fake websites which have been undertaking scam and counterfeit activities by misrepresenting themselves as Gymshark.
- Email addresses of Gymshark employees without their permission are being displayed as well. This is a violation of GDPR. Also a violation of clause 6 of your privacy policy - https://help.github.com/en/github/site-policy/github-acceptable-use-policies
I have a good faith belief that the use of the images that are located on your website and were first published on gymshark.com, is not authorized by Gymshark, their agents, or the law and therefore infringe Gymshark's copyrights according to applicable copyright law. I have taken fair use into consideration.
The infringing URLs which need to be removed:
https://github.com/ereoncode/gymshark-parser
https://github.com/JackPennington/gymsharkfamily
https://github.com/pry0cc/Doh365
I have read and understand GitHub's Guide to Filing a DMCA Notice.
Therefore, on behalf of Gymshark, I request that you cease and desist all infringements of Gymshark's IPRs and permanently take down the infringing webpages as soon as possible.
The information contained in this letter is accurate and is without prejudice to the rights, remedies and/or defenses Gymshark has, had, or may have in this matter.
Sincerely,
On behalf of Gymshark,
Pointer Brand Protection & Research
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