Wells IP Law
[private], Attorney & Counselor at Law
[private]
Dear GitHub Copyright Agent:
I represent Halfbrick Studios Pty. Ltd. ("Halfbrick") in intellectual property matters.
My client, Halfbrick, is the owner of certain intellectual property rights in the trademark FRUIT NINJA (U.S. Trademark App. Ser. No. 79/085,213) and in other trademarks, trade dress rights, and copyrights associated with Halfbrick’s Fruit NinjaTM mobile computer game. In particular, please note my client’s exclusive copyright interest in designs that make up this game, including the use of a brown paneled background, bursting sliced fruit (particularly a watermelon), and a samurai sword-styled cutting device. (You may view these copyrighted materials at http://www.halfbrick.com/our-games/fruit-ninja/.)
A YouTube video hosted at http://www.youtube.com/embed/6h0-KhDuOJ8 shows a "clone" of the Fruit NinjaT™ game that infringes copyrights owned by Halfbrick. According to the links provided at http://www.anscamobile.com/#9, the source code that GitHub hosts at https://github.com/ansca/Samurai-Fruit is the basis for the infringing game shown in the above YouTube video.
This letter constitutes notice under Section 512(c) of the U.S. Digital Millennium Copyright Act (”DMCA”). I ask that you promptly disable public access to the above URL at github.com.
I am providing this notice in the good faith belief that use of my client’s material on your website, as described above, is not authorized by my client (the copyright owner), or its agent, or the law. Under penalty of perjury I certify that the information contained in this notification is both true and accurate, and that I have the authority to act on behalf of the owner of the above-mentioned copyrights.
Thank you for your attention to this matter. Should you wish to discuss this, please contact me directly. Regards,
[private]