Cease and Desist Demand regarding Trademarks and Copyrights

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3.3.2015
 
Cease and Desist Demand regarding Trademarks and Copyrights
 
To whom it may concern,
 
It has been brought to our attention that your business has been marketing, selling or otherwise making available products or services that may infringe Supercell Oy’s copyrights and trademarks in the software games “Clash of Clans”, “Hay Day”, “Boom Beach” and other games and related merchandise (“Supercell Assets”).
 
We have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. We assure that the notification is accurate, and under penalty of perjury, that we are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
Location of potential infringement:
http://clashbot.org
 
Supercell Assets are developed and published by a Finnish company Supercell Oy. All intellectual property rights to Supercell Assets are owned by Supercell Oy, including copyright to the game characters and internationally registered trademarks. Supercell Oy’s copyright to Supercell Assets’ characters and international trademark registrations of the words “CLASH OF CLANS”, “HAY DAY” and “BOOM BEACH” provide Supercell Oy with certain proprietary rights. This includes the right to restrict the use of copyrighted works and/or trademarks, or a confusingly similar works or trademarks, in association with confusingly similar products or services.
 
Supercell Oy’s trademark registrations include, but are not limited to, the registration of the word marks CLASH OF CLANS, HAY DAY and BOOM BEACH by European Union Community Trademarks (no: [REDACTED]86,  [REDACTED] and [REDACTED]64) and United States Trademark and Patent Office registration (no: [REDACTED]).
 
Your use of Supercell Oy’s copyright and/or registered trademarks is likely to confuse consumers and/or lessen the distinctiveness of Supercell Oy’s brand. Your continued use of Supercell Oy’s copyrights and/or registered trademarks will cause significant and irreparable damage to Supercell Oy.
 
Supercell Oy demands that you immediately:
1. cease and desist any further use of images, emblems, logos or similar items infringing Supercell Oy’s copyrights in association with the manufacture, marketing, sale, distribution, or identification of your products or services; and
2. cease and desist any further use of Supercell Oy’s trademarks in association with the manufacture,  marketing, sale, distribution, or identification of your products or services.
 
This is written without any prejudice. Supercell Oy reserves the right to claim damages as well as any other remedy under applicable copyright and trademark legislation, but we hope this issue may be resolved without any further legal actions.
 
Should you have any questions regarding this letter, please contact us at piracy.supercell@fondia.fi.
 
Respectfully on behalf of Supercell Oy,
Henna Salo