2014-08-04-Outfit-7-Limited

GitHub Inc
Attn: DMCA takedown request

Limassol, 31st of July 2014

My name is [private] and I am director of Outfit7 Limited. I am writing to inform you that items on www.github.com is infringing on copyright and other intellectual property rights owned by OutFit7 Limited.

Original work, to which we own the exclusive copyrights and trademark rights, can be found at:

-?? Talking Tom character: http://outfit7.com/character/talking-??tom/
-?? Talking Tom Cat mobile application: https://itunes.apple.com/app/id377194688?mt=8
-?? Talking Tom Cat 2 mobile application: https://itunes.apple.com/app/id421997825?mt=8
-?? Talking Bacteria John, John & John application: https://itunes.apple.com/app/id389117708?mt=8
-?? Talking Ginger 2 mobile application: https://itunes.apple.com/app/id623158699?mt=8

The work is protected by:

(i)       Copyright: R-??039/13 (registered copyright of Talking John Bacteria as a figure of bacteria, that can be found under Appendix 1), R-??52/13 (registered copyright of Talking Tom-?? figure of the  cat, that can be found under Appendix 2), R-??049/13 (registered copyright of Talking Tom in  the mobile application with cat figure, that can be found under Appendix 3)

The unauthorized and infringing work can be found at:

-?? Talking Tom Cat 2 animations, together with all folders (and images inside the folder), by publisher  ”vancucit”,  under  file  TestTalkingTomiOS:  https://github.com/vancucit/TestTalkingTomiOS
> In each image folder there are images that are infringing OutFit7 Limited copyright and other Intellectual property rights, for instance: https://github.com/vancucit/TestTalkingTomiOS/blob/master/TestTalkingTomiOS/pet/pet_0022.jpg

-?? Talking Tom cat 2 animations, together with all folders (and images inside the folder), by publisher   ”candygu2011”:   https://github.com/candygu2011/Tom
> In each image folder there are images that are infringing OutFit7 Limited copyright and other Intellectual property rights, for instance:    https://github.com/candygu2011/Tom/blob/master/Animations/blink/0000.jpg

-?? Talking Tom cat animations, together with all folders (and images inside the folder), by publisher   ”hoangngociat”:   https://github.com/hoangngociat/tomcat
> In each image folder there are images that are infringing OutFit7 Limited copyright and other Intellectual property rights, for instance: https://github.com/hoangngociat/tomcat/blob/master/assets/gfx/angry/0000.png

-?? Talking Tom cat 2 animations, together with all folders (and images inside the folder), by publisher   ”zyslovely”:    https://github.com/zyslovely/Lovers/tree/master/?? https://github.com/zyslovely/Lovers/tree/master/%E5%8F%82%E8%80%83/Talking%20Tom%202%203.1 https://github.com/zyslovely/Lovers/tree/master/%E5%8F%82%E8%80%83/talking%20tom%201 https://github.com/zyslovely/Lovers/blob/master/??/??  l1 1.0/Payload/GingersBirthday.app/O7Resources.bundle/images/New-??Splash-??LANDSCAPE.png


> In each image folder there are images that are infringing OutFit7 Limited copyright and other Intellectual property rights, for instance: https://github.com/zyslovely/Lovers/blob/master/%E5%8F%82%E8%80%83/talking%20tom%201/AnimationsTo m/listen/cat_listen0005.jpg https://github.com/zyslovely/Lovers/blob/master/%E5%8F%82%E8%80%83/Talking%20Tom%202%203.1/Payload
/TalkingTom2.app/AnimationsTom2/ben_window/0000.jpg

-?? Talking John animations, together with all folders (and images inside the folder), by publisher  ”zyslovely”: https://github.com/zyslovely/Lovers/tree/master/??/TalkingJohn-??master

> In each image folder there are images that are infringing OutFit7 Limited copyright and other Intellectual property  rights,  for  instance:  https://github.com/zyslovely/Lovers/blob/master/??/TalkingJohn-?? master/TalkingJohn/Resources/john.png


Here is the analysis of the infringement:

Area
OUTFIT7 property
Animations published on Github
Intellectual  property
Talking Tom Cat mobile application Talking Tom Cat 2 mobile application Talking Bacteria John, John & John mobile application
Talking Ginger 2 mobile application
None
Distribution  channel
https://itunes.apple.com/app/id377194 688?mt=8
https://itunes.apple.com/app/id421997 825?mt=8
https://itunes.apple.com/app/id389117 708?mt=8
https://itunes.apple.com/app/id623158 699?mt=8
1.https://github.com/vancucit/TestTalking TomiOS
2.    https://github.com/candygu2011/Tom 3.https://github.com/hoangngociat/tomc at 4.https://github.com/zyslovely/Lovers/tre e/master/??
Type of Use

Date of launch:
-?? 26. June 2010 (Talking Tom Cat app)
-??8. December 2010 (Talking Bacteria)
-?? 28. May 2011 (Talking Tom Cat 2 app)
-?? this information were not available
Infringement type:

copyright infringement (cat (Talking Tom Cat and Talking Tom Cat 2) and bacteria (Talking John) design and every visual part of the animations and images in all folders are copyrighted work and the cat design as well as every other visual part is practically identical to

OutFit7 Limited's work)

consumer confusion (the publishers of aforementioned animations as a whole through the use of the identical virtual cat and ”bacteria”character and background and similar details, causes the customers to believe that their animations are made by OutFit7 Limited or under its license)
Registered intellectual  property:
-?? Copyright Certificates (you will find them under Appendixes)

-?? Word trademarks:
o TALKING TOM
o TALKING TOM CAT o	TALKING GINGER o	TALKING JOHN
-??	Figurative  trademarks:

-??	Registered designs
-?? None
Contact Details:
OutFit7 Limited
[private]

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”) as well as an official cease and desist letter under copyright legislation. I request that you
-??	immediately remove the aforementioned infringing material from GitHub website,
-??	immediately cease and desist the use of materials identified above or any confusingly similar content,
-??	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 servers in the future.

I hereby confirm that I am the owner of stated intellectual property rights ("IP Owner") and that the product identified above contains materials that are not authorized by the IP Owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner and the trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For any additional explanation please contact:
[private]
Appendix 5: