5.6 KiB
GitHub Inc Attn: DMCA takedown request Limassol, 28th of August 2014
I am writing on behalf of Outfit7 Limited, to inform you that repositories on www.github.com are infringing on copyright and other intellectual property rights owned by OutFit7 Limited.
Original work, to which we own the exclusive copyrights and trademark rights, can be found at: • Talking Tom character: http://outfit7.com/character/talking-tom/ • Talking Tom Cat mobile application: https://itunes.apple.com/app/id377194688?mt=8 • Talking Tom Cat 2 mobile application: https://itunes.apple.com/app/id421997825?mt=8
The work is protected by: • R-52/13 (registered copyright of Talking Tom- figure of the cat, that can be found under Appendix 1), R-049/13 (registered copyright of Talking Tom in the mobile application with cat figure, that can be found under Appendix 2), R-050/13 (registered copyright of Talking Tom 2 in the mobile application with cat figure, that can be found under Appendix3)
The unauthorized and infringing work can be found at:
- Talking Tom Cat 2 repositories, animations, together with all folders (and images inside the folder), by publisher ”xiaobs”, under file TestTalkingTomiOS: https://github.com/xiaobs/imcore/tree/master/TomCatDemo
In each image folder there are images that are infringing OutFit7 Limited copyright and other Intellectual property rights, for instance: https://github.com/xiaobs/imcore/blob/master/TomCatDemo/TomCatDemo/poke_belly_left_0001.jpg.jpg
- Talking Tom cat repositories, animations, together with all folders (and images inside the folder), by publisher ”yl33643”, under file: https://github.com/yl33643/itheima_ios2/tree/master/0824_lesson2/0824_lesson2/%E6%B1%A4%E5%A7%86%E7%8C%AB
In each image folder there are images that are infringing OutFit7 Limited copyright and other Intellectual property rights, for instance: https://github.com/yl33643/itheima_ios2/blob/master/0824_lesson2/0824_lesson2/%E6%B1%A4%E5%A7%86%E7%8C%AB/AnimationsTom/angry-tail/cat_angry0000.jpg
- Talking Tom cat repositories, animations, together with all folders (and images inside the folder), by publisher ”Edgame-Maker”, under file:
b04402c778/%E4%BC%9A%E8%AF%B4%E8%AF%9D%E7%9A%84%E6%B1%A4%E5%A7%86%E7%8C%AB/Dat
In each image folder there are images that are infringing OutFit7 Limited copyright and other Intellectual property rights, for instance:
b04402c778/%E4%BC%9A%E8%AF%B4%E8%AF%9D%E7%9A%84%E6%B1%A4%E5%A7%86%E7%8C%AB/Dat/anim/Cat_Angry/cat_angry%20(0).png
Here is the analysis of the infringement: Area OUTFIT7 property Animations published on Github Intellectual property Talking Tom Cat mobile application Talking Tom Cat 2 mobile application None
Distribution channel https://itunes.apple.com/app/id377194688?mt=8 https://itunes.apple.com/app/id421997825?mt=8
1.https://github.com/xiaobs/imcore/tree/master/TomCatDemo
2.https://github.com/yl33643/itheima_ios2/tree/master/0824_lesson2/0824_lesson2/%E6%B1%A4%E5%A7%86%E7%8C%AB
3. b04402c778/%E4%BC%9A%E8%AF%B4%E8%AF%9D%E7%9A%84%E6%B1%A4%E5%A7%86%E7%8C%AB/Dat
Type of Use
Date of launch:
-
- June 2010 (Talking Tom Cat app)
-
- May 2011 (Talking Tom Cat 2 app)
- this information were not available
Infringement type:
copyright infringement (cat (Talking Tom Cat and Talking Tom Cat 2) design and every visual part of the animations and images in all folders are copyrighted work and the cat design as well as every other visual part is practically identical to OutFit7 Limited's work)
consumer confusion (the publishers of aforementioned animations as a whole through the use of the identical virtual cat character and background and similar details, causes the customers to believe that their animations are made by OutFit7 Limited or under its license)
Registered intellectual property:
-
Copyright Certificates (you will find them under Appendixes)
-
Word trademarks: • TALKING TOM • TALKING TOM CAT • Figurative trademarks: • Registered designs
-
None
Contact Details: OutFit7 Limited Registered address: 5th Floor, 52-54 Gracechurch Street, London, EC3V 0EH, UK Business address: 146 Arch Makariou III, Alpha Tower, 4th Floor, 3507 Limassol, Cyprus
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”) as well as an official cease and desist letter under copyright legislation. I request that you • immediately remove the aforementioned infringing material from GitHub website, • immediately cease and desist the use of materials identified above or any confusingly similar content, • immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your servers in the future.
I hereby confirm that I am the owner of stated intellectual property rights ("IP Owner") and that the product identified above contains materials that are not authorized by the IP Owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner and the trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For any additional explanation please contact: OutFit7 Limited, [private]
Thank you. Yours sincerely, [private]
Appendix 1
Appendix 2
Appendix 3