Process DMCA request

2021/07/2021-07-16-tetris.md

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+To Whom It May Concern:
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+We are the intellectual property counsel for Tetris Holding, LLC and The Tetris Company, Inc., the owner and exclusive licensee, respectively, of all rights in and to the Tetris® mark and game.  Collectively, The Tetris Company, Inc. and Tetris Holding, LLC are referred to as “The Tetris Company.”  The Tetris Company is the owner of copyright in the Tetris® game throughout the world, including U.S. copyright registrations PAu 1,214,036; PAu 1,214,035; PA 412,169; and PA 412,170. The Tetris Company is also the owner of worldwide trademarks covering Tetris®, including U.S. Trademark Reg. Nos. 2,362,238, 2,362,250 and 1,657,499.
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+This letter is a notice of infringement pursuant to § 512(c) of the U.S. Copyright Law (section 512 is known as the Digital Millennium Copyright Act). We also write pursuant to the Lanham Act, the federal trademark statute.
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+The Tetris Company recently became aware of the promotion, display, and distribution online, of a “Tetris” OS System (the “Infringing Operating System”) available at the URL  https://github.com/jdah/tetris-os (“Website”).
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+Your company’s provision of ISP services to the Website, which displays the Infringing Operating System, and which unlawfully use the Tetris® name and mark, violates The Tetris Company’s valid and enforceable legal rights.  Specifically, promotion and electronic distribution of an operating system that includes the designation “Tetris” is likely to confuse consumers into believing that this site has received the permission of our client, or that our client is the source, sponsor or otherwise associated with the version of the Infringing Operating System the Website is distributing.  Such promotion and distribution also dilutes our client’s famous trademark. Additionally, the Infringing Operating System also copies the name and famous trade dress of the authentic Tetris® game and thus is likely to confuse consumers as to whether our client sponsored or is somehow associated with the Infringing Operating System and dilute our client’s famous trademark.
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+The Infringing Operating System also trespasses on the copyright in the Tetris® game because it copies our client’s game and was created and is being reproduced and made available for play on the Website, to which you facilitate public access without our client’s prior permission or authorization. Such wrongdoing subjects your company, and any other person or entity acting in concert with it, to an injunction, liability for statutory damages, compensatory damages, punitive damages, disgorgement of profits, costs and attorneys’ fees under the U.S. Copyright Act, 17 U.S.C. §101 et seq. 
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+Accordingly, The Tetris Company demands that you remove or disable access to the Infringing Operating System and confirm that you have done so.
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+I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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+This letter is without prejudice to our client’s legal rights and remedies, all of which are expressly reserved, and does not purport to be an exhaustive statement of its legal position.
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+                  Very truly yours,
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+      [private]
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+By:  /[private]/
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+ 
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+Kind regards,
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+[private]