To Whom It May Concern,
BlackBerry is a worldwide leader in the field of mobile communications. It is best known for its high-quality wireless BlackBerry handheld products, including its proprietary BlackBerry Messenger (BBM) Application software.
BlackBerry is the owner of numerous trademarks worldwide comprised of, or containing, BLACKBERRY, the BlackBerry Emblem Design, BBM and the BBM Icon (collectively, the “BLACKBERRY Trademarks”), including in Indonesia, European Union, Canada, United States, United Arab Emirates, Argentina, Australia, Benelux, Switzerland, Chile, China, Hong Kong, Japan, South Korea, Malaysia, Vietnam, United Kingdom, New Zealand, Singapore and Taiwan. Please find attached as Appendix 1 a non-exhaustive list of the BLACKBERRY Trademarks and copyright registrations.
Further, and without limitation, the BlackBerry Emblem Design
[https://pbs.twimg.com/profile_images/2908411943/3138dbcfd166ba55622ed37c3639906f_normal.jpeg]
and the BBM Icon
are the subject of copyright owned by BlackBerry, as is the BBM Application, collectively, the “Copyrighted Works”.
BlackBerry has invested significantly in the development and protection of the BLACKBERRY Trademarks and Copyrighted Works. BlackBerry considers the BLACKBERRY Trademarks and Copyrighted Works to be of material importance to its business and actively takes steps to defend and enforce its rights. As a result of extensive use and publicity, the BLACKBERRY Trademarks have become famous and have attracted considerable reputation and goodwill.
It has come to BlackBerry’s attention that the operator of the website located at xda-developers.com has engaged in the wholesale and blatant misappropriation of BlackBerry’s intellectual property. The website prominently features the BLACKBERRY Trademarks and Copyrighted Works. We also note that the BBM Icon as it appears on the website has been mutilated or altered without permission.
Further, and very troubling, the website promotes an unauthorized downloadable version of the BBM Application. The BBM Application offered through this website is a mutilated version of the BBM Application and is unauthorized.
Clearly, these activities constitute a flagrant violation of BlackBerry’s intellectual property rights and will not, under any circumstances, be tolerated.
Under the circumstances, we respectfully require that your company, as the host 207.244.73.44, immediately terminate the website located xda-developers.com. Given the substantial unauthorized reproduction BlackBerry’s intellectual property together with the highly misleading and deceptive nature of the website and the unauthorized modified version of the BBM Application, it is respectfully submitted that the termination of the website is completely warranted.
The infringing content can be viewed at
http://forum.xda-developers.com/android/apps-games/bbm-mod-gbbm-version-2-0-6-30-backup-t3002078
We have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law. Further, the information in this notification is accurate, and under penalty of perjury, and we note that we are authorized to act on behalf of BlackBerry.
We look forward to receipt of your confirmation that the website has been terminated.
Paola Calce
Director, Legal Counsel
BlackBerry Limited
2200 University Avenue East
Waterloo, Ontario
519-888-7465
519-888-1975