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Takedown notice for 'Turn Off The Light'

Published Aug 03, 2023

Dear Sirs,

We kindly request your attention regarding the following matter. Stefan Van Damme is the owner of several trademarks, including the trademark "Turn Off the Lights". The "Turn Off the Lights" trademark is registered in numerous countries worldwide and is well-known for our browser extension through our marketing activities. You can find more information about our trademarks at https://www.turnoffthelights.com/trademarks.

Trademark:

TURN OFF THE LIGHTS

US Serial Number: 85820770

US Registration Number: 4387797

The game app that violated our registered trademark, we request you to delete this content:

https://parsajay.itch.io/turn-off-the-light

Regarding the use of "Turn Off the Lights," we recently noticed that you are using the name "Turn Off the Lights" for your app. While we have no reason to assume any ill intentions from your side, we would like to request that you discontinue the use of the name "Turn Off the Lights." Below, I will explain why such usage is highly detrimental to our intellectual property rights.

Use of "Turn Off the Lights"

We recently noticed that you offer the name "Turn Off the Lights" as your app name. Although we have no reason to assume any bad intentions from your side, we would like to kindly ask you to discontinue the use of the name "Turn Off the Lights". I will explain below why such use is very damaging to our intellectual property interests.

Trademark rights

As mentioned above "Turn Off the Lights" is one of our trademarks and is used in commerce to distinguish Stefan products from others. "Turn Off the Lights" is to describe making the screen dark with one single click on the lamp button. Your app name "Turn Off the Lights" looks very similar to our registered trademark "Turn Off the Lights". Because of the US law under the Lanham Act, it is it not allowed to create an application name that looks very similar to an existing trademark.

http://tmsearch.uspto.gov/webaka/html/Likelihood/Likelihood_of_Confusion.html

Different Name

We, therefore, suggest that you use a generic term to describe your product slogan. For example, the terms “Dimmer” or “Switch Off” would not pose a problem to our trademark. Of course, you are more than welcome to use your own names, as long as they are not similar to "Turn Off the Lights" of one of our other trademarks.

To avoid any mistake we kindly ask you to confirm safe receipt of this e-mail and that you will stop using our trademark "Turn Off the Lights" as a generic term. If you require any more information from us, please let me know. I would like to thank you in advance for your understanding and cooperation.

Sincerely,

--
Stefan Van Damme | Stefan vd developer | stefanvandamme@stefanvd.net

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