*Re-Sent via Email *  
GitHub, Inc  
Attn: DMCA Agent  
88 Colin P Kelly Jr St.  
San Francisco, CA 94107  
copyright@github.com  

March 1, 2017

*Re: Third Cease and Desist Notice*

We write on behalf of The Pokémon Company International, Inc. (“Pokémon”),
which together with its partners and affiliates, including Niantic, Inc.,
makes available the wildly popular Pokémon GO mobile application game.
Pokémon has recently gathered evidence that the PokiiMap app (the
“Infringing App”), which incorporates Pokémon’s intellectual property
without authorization, is located at https://github.com/kiideveloper/pokiimap.

On February 10, 2017, we contacted the GitHub user associated with this
page, KiiDeveloper, through the email GitHub provided:
[private]. In that letter, we explained that
KiiDeveloper must cease and desist using Pokémon’s intellectual property in
and to advertise the Infringing App. But the user has not replied.

This letter is official notification under Section 512(c) of the Digital
Millennium Copyright Act (”DMCA”), through which Pokémon seeks the removal
of the aforementioned infringing material from your servers. We have read
and understand GitHub's Guide to Filing a DMCA Notice and request that you
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 server in the
future.

*INFRINGEMENT OF POKÉMON INTELLECTUAL PROPERTY *

Pokémon has expended considerable time, energy, and money to develop iconic
characters like Pikachu. To protect its investment and the world-famous
Pokémon franchise, Pokémon owns numerous copyright registrations for
characters and other Pokémon related images (see generally
http://www.pokemon.com/us/).

The Infringing App reproduces and displays some of these copyrighted
images, including but not limited to the following Pokémon:

- Eevee (U.S. Copyright Registration Nos. VA0001917286, VA0001937061,
VA0001917164, VA0001943675, VA0001943678, VA0001937061, VA0001964287)
- Nidoran (U.S. Copyright Registration Nos. VA000175786, VA0001757855,
VA0001945469, VA0001945473, VA0001990714)
- Pidgey (U.S. Copyright Registration Nos. VA0001964995, VA0001757852)
- Weedle (U.S. Copyright Registration No. VA0001933743, VA0001937692,
VA0001945492, VA0001991375)

The infringement is shown in the following screenshot captured from the
website as of February 10, 2017:

​
We have a good faith belief that the use of Pokémon copyrighted works has
not been licensed or otherwise authorized by Pokémon and constitutes
copyright infringement under the Copyright Act, 17 U.S.C. § 101 et seq. I
have taken fair use into consideration.

Based on the foregoing, Pokémon demands that all infringing content be
immediately removed and/or access to that content be permanently disabled,
including:

- Screenshots from the Infringing App containing Pokémon copyrighted
work;  
- The following repository files:  
- README.md  
- Pokeball.png  
- Screen1.png  
- The "app" folder  
- The hosted files available at: <https://github.com/kiideveloper/pokiimap/releases/tag/2.4.0>, including  
- pokiimap-2.4.0-full.apk  
- Source code (zip)  
- Source code (tar.gz)  

I swear, under penalty of perjury, that the information in this
notification is accurate and that I am authorized to act on behalf of
Pokémon, the indisputable owner of all right, title and interest, including
copyrights, in the world famous Pokémon franchise.

This letter is not intended to provide a complete statement of the facts or
law applicable to the infringements and violations described herein, and
Pokémon expressly reserves all of its rights, claims, causes of action and
remedies with regard to this matter. You are also reminded of your legal
obligation to preserve and prevent the destruction of any and all
documents, data, and other evidence in your possession, custody or control
related to your activities.

Sincerely,

Focal PLLC  
[private]
