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Takedown notice for 'No Mario's Sky'

Published 1 year ago

Dear Support Team,

We represent Nintendo of America Inc. ("Nintendo") in intellectual property matters. Nintendo recently learned that content available at https://asmb.itch.io/no-marios-sky infringes copyrights owned by Nintendo. This notice is provided pursuant to the Digital Millennium Copyright Act, 17 USC ยง 512, and itch.io's Terms of Service.

This page provides access to downloadable files which violate itch.io's Terms of Service and infringe Nintendo's copyrights in its Super Mario video game franchise, including but not limited to the audiovisual work, images, and fictional character depictions from the following: U.S. Copyright Reg. Nos. VA0001419266 (Mario character); PA0000273028, supp. by PA0000547457 (Super Mario Bros.); PA0000427614, supp. by PA0000547456 (Super Mario Bros. 2); PA0000563454 (Super Mario Bros. 3); PA000532077, supp. by PA0000786376 (Super Mario Land); PA0000576039, supp. by PAu002116393 & PA0000757139 (Super Mario World); PA0001692032 (Super Paper Mario); PA0000788138 (Super Mario 64); PA0001679479 (Super Mario Galaxy); PA0000593952 (Super Mario Kart); PA0001605326 & PA0001605879 (Mario Party 8); and PA0001393465 & PA0001653393 (New Super Mario Bros.).

I have a good faith belief that this use is not authorized by the intellectual property 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 notice 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,

Brian Sniffen

Attorney for Nintendo of America Inc.