Dear Registrant/Registrar/ISP,
I am writing on behalf of LAMBORGHINI, which is a member of REACT (also
known as the Anti-Counterfeiting Network ). REACT actively fights the trade in
counterfeiting products on behalf of its members. Additional information about
our organization can be found on www.react.org.It came to our attention that the
undermentioned website is offering for sale counterfeit items. This is a
trademark infringement causing damage to our client.
Page: http://www.newtimerctoys.com/portfolio-items/114-lamborghini-transformer-yellow/Homepage:
http://www.newtimerctoys.comDomain:
newtimerctoys.comRegistrar:
FastDomain IncISP: UNIFIEDLAYER-NETWORK-9Brand: LAMBORGHINI
I hereby summon you to take sufficient action: to remove or to disable access
to the infringing content immediately, but in any case no later than five days
as of today. Furthermore, I request you to provide the personal data of the
holder of the website so we can take appropriate actions. If you fail to comply
fully and in timely manner with these requests we will advise our client to
initiate legal proceedings based on trademark infringement, without further
notice.Unnecessary, I emphasize that an ISP/Registrar can be held liable for
infringing information on websites for which it is responsible.
In accordance with Article 14 of the European Directive on Electronic
Commerce (2000/31/EC) , the Digital Millennium Copyright Act (Article 512 US
Copyright Act) and Article 36 of the new Tort Law of the People's Republic of
China (Decree of the President of the People's Republic of China No. 21), an
ISP/Registrar is obliged, as soon as the ISP/Registrar obtains actual knowledge
of the illegal activity or information and, as regards claims for damages, is
aware of facts or circumstances from which the illegal activity or information
is apparent, to act expeditiously to remove the information or to disable access
to the information.
I have a good faith that the use of trademarks and/or copyrighted materials
described above as allegedly infringing is not authorized by the right owner,
its agent, or the law.
I swear, under penalty of perjury, that the information contained in the
notification is accurate and that I am the right owner or I am authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact me if you have any additional questions regarding this matter.
I thank you in advance for your cooperation.
With kind regards,
Pance ProsevDushica JovanovskaIvona AnticElena Pejchinovska
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