itch.io

We represent Nintendo of America Inc. ("Nintendo") in copyright matters.  Certain material posted on the web site located at itch.io infringes copyrights owned by Nintendo.  You are identified as the internet service provider for this web site and IP Address 173.255.250.29.  This notice is provided pursuant to the Digital Millennium Copyright Act, 17 USC § 512. 

 

Nintendo requests that you disable public access to certain pages of the web site located at itch.io based on the following information.

 

The copyrighted works at issue are Nintendo's video games, including the audiovisual work, images, and fictional character depictions from the following:

 

The copyrighted works are Nintendo’s Pokémon video game franchise, including but not limited to the audiovisual work, music, fictional character depictions, and other imagery from U S  Copyright Reg  Nos  PA0000955517 (Pokémon Gold); PA0000955467 (Pokémon Silver); PA0001670627 (Pokémon HeartGold); PA0001752725 (Pokémon SoulSilver); PA0000939624 (Pokémon Yellow); PA0001138332 (Pokémon Crystal); PA0001763177 (Pokémon Diamond); PA0001791831 (Pokémon Pearl); PA0001781889 (Pokémon Platinum); PA0001306449 (Pokémon Emerald); PA0001138321 (Pokémon Sapphire); PA0001138320 (Pokémon Ruby); PA0001249017 (Pokémon FireRed); PA0001249016 (Pokémon LeafGreen); PA0001722240, supp  by PA0001396662 & PA0001396668 (Pokémon Black); PA0001722238, supp  by PA0001396667 & PA0001396661 (Pokémon White); and PA0001227803 & PA0001227789 (Pokémon Pinball: Ruby & Sapphire)

The infringing material is located at the following web pages:

https://chunkypleb.itch.io/hypno-town

These web pages display images of Nintendo's video game characters in connection with unauthorized online games that copy the characters, music, and other features of Nintendo's video games.  The web site at itch.io  generates revenue from advertising banners displayed on the site and advertisements played while users wait for the games to load.

I have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, its agent, or the law.  I hereby state that the information herein is accurate and, under penalty of perjury, that I am authorized to act on Nintendo of America Inc.'s behalf.

We would appreciate your expeditious removal of all infringing content.  Please contact me immediately with any questions.

This letter is not intended to and shall not waive or prejudice any rights and remedies that Nintendo may have at law, in equity or otherwise.  Any and all such rights and remedies are hereby expressly reserved.

Best regards,

 

Michael Bales

Nintendo of America Inc.

4600 150th Ave. NE

Redmond, WA 98052

425.882.2040

notice@mm-nintendo.com