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://*******ntov.net/forum/
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.
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,