itch.io

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.   Additionally, Tetris Holding is the owner of a sound trademark registrations throughout the world for the Russian folk song that plays during Tetris®, including U.S. Trademark Reg. No. 351007 (the “Russian Folk Song Registered Trademark”), and numerous trademark registrations around the world for the designation TETRIS, including U.S. Trademark Reg. Nos. 880871, 2362238, 3818232, and 3518292.

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.>.  It is also a notice of trademark infringement and dilution under the Lanham Act, Federal Trademark Dilution Act and your acceptable use guidelines prohibiting trademark infringement.  https://itch.io/docs/legal/terms#3-acceptable-use

Specifically, Tetris Holding recently became aware of your company’s promotion and display of the game “Setris” (the “Infringing Game”) which is available on itch.io<http://itch.io> for users to download, and upload and use. The Infringing Game is available at the link  https://mslivo.itch.io/setris.  During the Infringing Game, the music that is the subject of the Russian Folk Song Registered Trademark plays.

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.

Additionally, the Infringing Game uses, without our client’s prior permission, the Russian Folk Song Registered Trademark and the designation SETRIS, which designation infringes the nearly identical (except for one letter) registered trademark Tetris®, thus likely confusing consumers as to whether Tetris Holding is the source, sponsor or otherwise affiliated with the Infringing Game.  Finally, as a result of the fame of Tetris®, the designation SETRIS is likely to blur our client’s exclusive association with the TETRIS mark.

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., Lanham Act, 15 U.S.C. § 1051 et seq. and Federal Trademark Dilution Act, 15 U.S.C. § 1125(c).  Accordingly, Tetris Holding demands that itch.io immediately remove or disable access to the Infringing Game.

I have a good faith belief that use of the copyrighted materials and trademarks 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.