Twentieth Century Fox Film Corporation Take Down

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    Twentieth Century Fox Film Corporation Take Down

    The most ridiculous trademark bullying to date from Twentieth Century Fox Film Corporation:

    Removal requests:
    http://darebee.com/programs/avatar-program.html
    http://darebee.com/workouts/buffy-workout.html
    http://darebee.com/workouts/fight-club-workout.html
    http://darebee.com/workouts/archer-workout.html
    http://darebee.com/workouts/predator-workout.html
    http://darebee.com/workouts/die-hard-workout.html

    As you all know The Avatar program has nothing to do with the Avatar the Movies she is referring to - but she didn't bother checking. I don't know about you but this is crossing the line. Then there is The predator workout that has no references to Predator the Movie nor has any of their fonts. Last time we checked it was ok to be a Predator or have an Avatar - but apparently not according to Twentieth Century Fox Film Corporation and Kasimira C. Verdi.

    Here is the email:

    ----------------------------------------------

    To Whom It May Concern:

    I am writing to you on behalf of Twentieth Century Fox Film Corporation and its related entities (collectively "Fox"). Fox is the exclusive owner of copyright, trademark and other intellectual property rights in, inter alia, the television series ARCHER and BUFFY THE VAMPIRE SLAYER and the motion pictures AVATAR (JAMES CAMERON'S AVATAR), FIGHT CLUB, the DIE HARD series of motion pictures, and PREDATOR (collectively the "Fox Properties"), including, inter alia, U.S. Trademark Reg. Nos. 3861823, 4621371 and 4641440 for ARCHER; 4042517 for JAMES CAMERON'S AVATAR; 2480081, 2513440 , 2513442, 2702885, 2559940 and 2579767 for BUFFY THE VAMPIRE SLAYER; 2166222, 2246886 and 2276942 for DIE HARD; 4151279 for FIGHT CLUB; 1767716, 1867723, 1870549 and 2074564 for PREDATOR (all collectively the "Fox Marks"). Among these rights are the exclusive right to license the FOX IP.

    It has come to our attention that you are offering workouts named for the Fox Properties and using the Fox Marks in connection therewith, without Fox's authorization (the "Infringing Workouts") on your website at the URLs listed below:

    http://darebee.com/programs/avatar-program.html
    http://darebee.com/workouts/buffy-workout.html
    http://darebee.com/workouts/fight-club-workout.html
    http://darebee.com/workouts/archer-workout.html
    http://darebee.com/workouts/predator-workout.html
    http://darebee.com/workouts/die-hard-workout.html

    The use of the Fox Marks on the Infringing Workouts is likely to cause consumers to falsely believe that Fox has licensed, supported or endorsed this use of the Fox Marks. Accordingly, the Infringing Workouts violate Fox’s trademark rights and constitute unfair competition under the Lanham Act. See 15 U.S.C. § 1114 and § 1025.

    We therefore demand that you immediately:

    1. Permanently cease all offer, sale or other dissemination of the Infringing Workouts at the URLs listed above;

    2. Permanently cease all use of the FOX IP in any manner or venue whatsoever, including but not limited to, at the URLs listed above; on all websites that you own, control or post on; on all social media sites, including but not limited to Google +, Facebook, Twitter, YouTube and Instagram; and emails, and,

    3. Confirm in writing to the undersigned no later than August 18, 2015, that you have complied with the foregoing.

    This letter is without prejudice to Fox’s rights and remedies, all of which are expressly reserved.

    Very truly yours,

    /Kasimira C. Verdi/

    Kasimira C. Verdi
    Director – Intellectual Property
    Fox Group Legal
    foxip@fox.com

    __________________________________________________ ___



    This is getting seriously out of control. I mean, how much money do these people need?
    We have taken down Buffy, Fight Club, Archer and Die Hard since those clearly implied their trademark but we are refusing to do anything about the Avatar and the Predator. There is zero connection to their trademark there.

    #2
    Seriously? This is bullshit. This is the most bullshit we've dealt with probably. Never mind superheroes, they could at the very least look at the things they're demanding is taken down. What fucktards.

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      #3
      Then again, I would probably need the money too if i was pumping out movies like that new Fantastic Four epic fail.

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        #4

        Why? I mean , they're a mega-corporation , and come to take down workouts nonprofit . I honestly do not understand

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          #5
          Not the avatar haha already printed it tho

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            #6
            The point is not the take down itself, corporation do that - look at DC and Marvel - we get it, they are assholes. What pisses me off is that they are now demanding we take down stuff that has nothing to do with them.

            Where do we draw the line? Today they want Buffy gone, tomorrow the Slayer because it might refer to their trademark.

            That is positively insane.

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              #7
              :rage0:
              Workouts are just gonna end up parodies on this site. But The Avatar Program? That's just crossing the line.

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                #8
                One of the worst cases so far:
                http://www.cinemablend.com/new/Pixel...val-76727.html

                The problem is: The people charged do simple word searchers. They dont check if it has any connection at all. And claiming anything they dont have the right to has no repercussions for them... So yeah, the easiest way is to claim anything. If somebody refuses because it has no connection, no harm done. Apart from PR. But imo, still to few people care about stuff like this to make it a PR desaster.

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                  #9
                  Particle we... we... have a workout called "Pixel"... after, you know, pixels....

                  Click image for larger version

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                    #10
                    You're right, it's absolutely ridiculous neilarey. This isn't even surprising anymore, it's downright stupid. How much can these people take away from us? They're not going to tear this down. The Avatar is here to stay, and you've got an entire Hive at your back, Neila. We aren't letting them take everything from us.

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                      #11
                      I'm with you, Neila! Your programs and workouts have motivated and helped thousands of people and I hope these corporate assholes realise that! Besides, it's not like you're trying to turn any profit over their intellectual property, so they can kindly fuck off.

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                        #12
                        Can you rename the workouts "Absolutely not Archer" or "Snarky Open-Sourced Secret Agent" or the like?

                        Also, the takedown notice implies you're selling the workouts, which you're not. You guys may not be violating any laws at all. I know you're a small operation but if you have an attorney I'd have them look this over.

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                          #13
                          Originally posted by neilarey View Post
                          Where do we draw the line?
                          At the point where Darebee can't be construed as infringing on their copyright, like you've done with the Avatar program. It has nothing to do with Cameron's Avatar (and why would we want to?). Buffy, Fight Club, Archer, Predator, and Die Hard, however, they've got legal standing to ask to be taken down. Somewhat flimsy legal standing, as the site remains non-profit [edit: actually, I mean completely free- you're not selling anything at all] and thus 15 U.S.C. § 1114 doesn't apply, and Fox isn't in the business of licensing official workouts, so there's no competition, but...

                          As we've seen time and again, as long as workout homages pop up that include distinctive copyrighted elements without permission from the copyright holder, we're going to continue having these problems. Which either means the site needs to stop doing that or start asking permission. Or fight and win a court case about it.

                          Corporations are in the business of making money, not friends. So yes. They're being assholes. And I don't mean to be one right now, but nobody should be surprised by this the third time around.

                          Comment


                            #14
                            Sigh...Dwayne get the family, we need all the tusks we can get

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                              #15
                              Now, are these takedown notices coming in because of DAREBEE's unrelenting rise in popularity, acclaim, and awesome? Or because some jealous competitor is trying to interfere by complaining to these companies?

                              Not that it really matters. I am very sorry for this latest turn of events, DAREBEE Team. Continued power to you all!

                              Comment

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