Takedown notice for 'Playtris'
Published Jul 19, 2022
Dear Sir or Madam:
My contact information, which is beneath my signature, and in the PDF attachment to our June 6 takedown demand (attached and reproduced below in the body of this email) is: REDACTED
Our client’s claim is based on copyright law. Please note that the Court in Tetris Holding, LLC v. Xio Interactive, Inc., 863 F. Supp.2d 394 (D. N.J. 2012) found the following copyrightable expression, all of which is reproduced in the infringing game available at https://thacuber.itch.io/playtris<https://thacuber.itch.io/playtris>.
-the design and movement of the playing pieces including downward, lateral and rotating movement
-the individually delineated squares within the pieces
-the dimensions of the playing field longer than it is wide
Please take down the infringing content without further delay.
ORIGINAL TAKEDOWN DEMAND DATED JUNE 6, 2022 To Whom It May Concern: We are the intellectual property counsel for Tetris Holding, LLC (“Tetris Holding”), the owner of all rights in and to the Tetris® mark and game. Tetris Holding is the owner of copyright in the Tetris® game throughout the world, including U.S. copyright registrations PAu 1,214,036; PAu 1,214,035; PA 412,169; and PA 412,170. This letter is a notice of infringement pursuant to § 512(c) of the U.S. Copyright Law (section 512 is known as the Digital Millennium Copyright Act) (“DMCA”) and your Copyright Infringement Policy available at https://itch.io/docs/legal/terms#6-digital-millennium-copyright-act<https://itch.io/docs/legal/terms#6-digital-millennium-copyright-act.>. Specifically, Tetris Holding recently became aware of your company’s promotion and display of the game “Playtris” by ThaCuber (the “Infringing Game”) which is available on itch.io<http://itch.io> for users to download, and upload and use, on the Playdate handheld game console. The Infringing Game is available at the link https://thacuber.itch.io/playtris<https://thacuber.itch.io/playtris.>. The Infringing Game trespasses on the copyrights in the Tetris® game because it reproduces copyrightable expression from our client’s game and was created and is being distributed on your website without our client’s prior permission or authorization. Such wrongdoing subjects your company, and any other person or entity acting in concert with it, to an injunction, liability for statutory damages, compensatory damages, punitive damages, disgorgement of profits, costs, and attorneys’ fees under the U.S. Copyright Act, 17 U.S.C. §101 et seq.
Accordingly, Tetris Holding demands that itch.io<http://itch.io> immediately remove or disable access to the Infringing Game. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This letter is without prejudice to our client’s legal rights and remedies, all of which are expressly reserved, and does not purport to be an exhaustive statement of its legal position. Very truly yours, NORRIS MCLAUGHLIN, P.A. [cid:image004.jpg@01D88A4B.6437FA00] By: Jeanne Hamburg
