diff --git a/2016/2016-12-23-Port25.md b/2016/2016-12-23-Port25.md new file mode 100644 index 000000000..5b61dee2b --- /dev/null +++ b/2016/2016-12-23-Port25.md @@ -0,0 +1,83 @@ +**DMCA Notice + +Via email, abuse@github.com + +GitHub, Inc. +88 Colin P Kelly Jr. Street +San Francisco, CA 94107 + +Re: Notice of Copyright and Trademark Infringement – WWW.PORT25.PW + +Dear Sir/Madam: + +We were informed by CloudFlare, Inc., which is listed as the host of www.port25.pw, that +CloudFlare acts as a reverse proxy for the www.port25.pw site, and were directed to GitHub, the +actual host. Our firm represents Port25 Solutions, Inc. (“Port25”) in connection with its copyright, +trademark, and intellectual property matters. In accordance with GitHub’s Terms of Use +(https://help.github.com/articles/github-terms-of-service/), I am writing to notify GitHub of the +following activity, which we believe constitutes copyright and trademark infringement of Port25’s +intellectual property rights. + +Background. Port25 (www.port25.com) is the owner and developer of the +POWERMTA software, which is a leading email gateway application (SMTP server) for highvolume +email delivery. Port25 has used the POWERMTA trademark since at least 2000 to +promote its software, and it owns the copyrights in the software. Port25 also has a U.S. federal +registration for the POWERMTA trademark (Registration No. 2526164; registered on January 1, +2002; renewed on January 21, 2012) for “computer software, specifically high performance +message transfer agent for handling large amounts of e-mail and data efficiently over the internet.” +See Exhibit A (attached printouts from the U.S. Patent and Trademark Office website). +Port25 has become aware of certain infringing activity on a website located at the URL +www.port25.pw (the “Website”), which based on our investigation is hosted by GitHub. The +PORT25.PW domain name (the “Domain”) is reported by the domain registrar’s records to be +registered to a privacy protected registrant under NameCheap.com, and the registrant’s email +address is listed as support@namecheap.com. The Registrant is herein referred to as the +“Unauthorized User.” + +Identification of Infringing Material - Copyright. The Unauthorized User is not an +authorized reseller, service provider or licensee of Port25’s POWERMTA software. The Unauthorized User appears to be reproducing and distributing POWERMTA software, and is in +fact using the POWERMTA trademark, without authorization or license from POWERMTA. + +Identification of Infringing Material - Trademark. Throughout the Website and in +the related Domain name, the Unauthorized User uses Port25’s POWERMTA trademark and its +company name. The POWERMTA trademark is apparently being used to promote the +reproduction and distribution of unauthorized infringing copies of the POWERMTA software. +Port25 has not authorized the Unauthorized User to use the POWERMTA trademark or to +reproduce, distribute or display the copyrighted software for PowerMTA. See Exhibit B (attached +printouts from the port25.pw website). + +The Unauthorized User’s unauthorized use of Port25’s POWERMTA trademark +throughout the Website and the Port25 company name in the domain is likely to cause confusion +among consumers. The Unauthorized User’s use of the POWERMTA trademark also implies an +affiliation with or sponsorship by Port25. Such acts are in violation of various provisions of the +federal Trademark Act of 1946, as amended (15 U.S.C. §1051 et seq.) (the “Lanham Act”), as well +as federal and state laws prohibiting unfair and deceptive trade practices. The Unauthorized User’s +conduct is also in violation of GitHub’s Terms of Service and Copyright Policy. + +Contact Information for Port25’s Representative. I can be reached as follows: +[private] +Oliver & Grimsley, LLC +502 Washington Ave., Suite 605 +Towson, MD 21204 +Phone: [private] +Fax: [private] +Email: [private] + +Good Faith Statement. Port25 has a good faith belief that the disputed use is not +authorized by Port25, its agent, or the law. + +Statement under Penalty of Perjury. The information contained in this notification +is accurate, and under penalty of perjury, I am authorized to act on behalf of Port25. +With respect to the POWERMTA trademark, notice is hereby provided to GitHub that the +Unauthorized User is, in addition to infringing the POWERMTA trademark, apparently violating +the GitHub terms of service, and therefore Port25 hereby respectfully requests that GitHub +terminate all services to the Domain to avoid further trademark infringement and violation of the +GitHub terms of service. + +To the extent that GitHub does not host or otherwise provide a service that is in the chain +of the hosting of the Website related to the Domain, please let me know. + +Thank you in advance for your assistance. Please do not hesitate to contact me with any +questions. + +Sincerely, +[private]