Jul 21st '11
http://nch.vn/diendan/
Ông Phạm Quý Trọng
số 109A sgõ 291 đường Lạc Long Quân,
Tây Hồ, Hà Nội
Vietnam
RE: LEGAL DEMAND AND DMCA COPYRIGHT NOTICE FOR THE
UNAUTHORIZED USE OF vBulletin TRADEMARK
To whom it may concern:
We are representatives for vBulletin Solutions, Inc., which owns and operates
vBulletin. vBulletin Solutions, Inc. holds a registered trademark on
“vBulletin”, and are the exclusive producers and distributors of vBulletin
software.
We are writing with respect to our substantial claims against you arising from
your unlawful infringement of copyright protected material and unauthorized
exploitation of our trademark and proprietary software on your customer’s
website: http://nch.vn/diendan/.
We demand that you immediately remove the website and the installation
containing the vBulletin software and any other websites that you own, control
or operate using vBulletin and confirm to us in writing that you have complied
with our demands. The law clearly compels you to do so.
The vBulletin trademark and proprietary software is copyright protected, of
which our client owns the exclusive copyright and all right, title, and
interest thereto. Any unauthorized use, publication, reproduction, or
dissemination of the vBulletin trademark or software constitutes an
infringement of our client’s copyright in violation of the United States
Copyright Act, Title 17 of the United States Code, Sections 101, et seq., and
exposes you, and anyone else acting in concert with you, to civil liability,
damages, injunctive relief, and reimbursement of all attorneys’ fees and costs
incurred by our client in connection with any copyright infringement action.
Section 106 of the Copyright Act provides in relevant part:
[The] owner of copyright under this [Act] has the exclusive rights to do and to
authorize any of the following: (1) to reproduce the copyrighted work . . . (2)
to prepare derivative works . . . (3) to distribute copies . . . and (5) to
display the copyrighted work publicly.
In addition, anyone who uses, publishes, disseminates, displays, or otherwise
exploits the vBulletin trademark will be liable for substantial compensatory
damages, punitive damages, and injunctive relief.
DMCA NOTICE
In addition, pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”)
[the DMCA may be referenced at http://www.copyright.gov/laws/], we will demand
that you immediately remove or disable access to any and all copies of the
vBulletin trademark and software, and if not removed within six (6) hours, your
DNS providers shall likewise be held liable and accountable for your copyright
infringement.
I, the undersigned, swear under penalty of perjury, that the information in the
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,
said owner being named vBulletin Solutions, Inc. I have a good faith belief
that the use of the copyrighted materials described above as allegedly
infringing is not authorized by the copyright owner, its agent, or the law.
Please act expeditiously to remove or disable access to the vBulletin software
and trademark.
Should you fail to expeditiously remove or disable access to this infringing
material within the timeframe specified above, our client will have no other
alternative but to protect their rights to the fullest extent of federal law
and California law. They will proceed with the filing of a lawsuit regarding
the improper use of the vBulletin trademark and will be seeking injunctive
relief as well as damages including any and all persons and entities which use,
publish, disseminate or otherwise exploit the vBulletin trademark and
copyrighted software.
Accordingly, on behalf of our client, we demand that you immediately cease and
desist and refrain from exploiting, publishing, posting, displaying,
distributing, or otherwise using or disseminating of the vBulletin proprietary
software or trademark through any venue or medium, including on any Internet site.
This letter does not constitute a complete or exhaustive statement of all of
our clients’ rights, claims, contentions or legal theories. Nothing stated
herein is intended as nor should it be deemed to constitute a waiver or
relinquishment of any of our clients’ rights or remedies, whether legal or
equitable, all of which are hereby expressly reserved.
This letter is a confidential legal communication and is not for publication.
Very truly yours,
Rene Jimenez
vBulletin Solutions
Gửi bởi: vBulletin Solutions