URGENT & TIME SENSITIVE: IMMEDIATE ATTENTION REQUIRED
September 18, 2010
RE: Infringement of Nintendo of America Inc.’s Intellectual Property Rights
Dear Sir or Madam:
We are legal counsel to Nintendo of America Inc. (referred to here, with its parent and affiliated companies, as “Nintendo”). As you are no doubt well aware, Nintendo is one of the world’s leading developers and distributors of video game products. The Pokémon franchise is one of Nintendo’s most popular game series, and the upcoming release of the Pokémon Black and Pokémon White video games has garnered significant media attention. The intellectual property associated with the games, including the copyright in the underlying software code, visual depictions of the games, and characters found within the games, is the subject of copyright protection in the United States and abroad.
We recently learned that you have posted screenshots and other protected content from the Pokémon Black and Pokémon White games to your website at http://pokebeach.com. While Nintendo appreciates your interest in and support of the Pokémon game series, your publication of this content infringes Nintendo’s copyrights in violation of federal law. Your activity also and has the potential to cause substantial damage to Nintendo, and leaves Nintendo with no choice but to take steps to protect its intellectual property rights.
We have accordingly submitted a copyright infringement notice to your domain registrar under the Digital Millennium Copyright Act, and anticipate that your website will be taken down shortly. We encourage you to immediately remove from your website all graphics, screenshots, and other protected content taken from the Pokémon Black and Pokémon White games. Going forward, you must also refrain from posting any screenshots, videos, or other content that infringes Nintendo’s rights in the Pokémon series or any other game.
Your full and immediate compliance with the foregoing should render further action on Nintendo’s part unnecessary. It is essential that we receive your written response confirming that you have taken these necessary actions by Sunday, September 19, 12:00 p.m. PDT, however, or Nintendo will have no choice but to consider its alternative legal remedies.
September 18, 2010
Please contact me if you would like to discuss this matter in further detail. Nothing stated herein shall constitute a waiver of any rights or remedies of Nintendo of America Inc., its parent or affiliated companies, all of which are expressly reserved.
Very truly yours,
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