DMCA Request

DMCA India Against Corruption logo

Lila Tretikov,
Designated Agent Wikimedia Foundation
c/o CT Corporation System
818 West Seventh Street
Los Angeles, California 90017
legal@wikimedia.org

Dear Agent,

I am the Intellectual Property Agent and authorized representative of M/s Name Defend Services, contacting you regarding the unauthorized use of content exclusively owned by their principals M/s India Against Corruption jan andolan, 2nd floor B-59 Defence Colony, New Delhi 110024, India, also widely known as "IAC HQ" "India Against Corruption HQ" etc, having websites : etc.

It has come to our attention that unapproved hi-resolution counterfeit copies of IAC-HQ's corporate logo, being exclusive content from M/s India Against Corruption jan andolan, is being made available for download using your organization's computer servers. The use in mention can be reviewed online at the following address:

http://commons.wikimedia.org/wiki/File:India_against_corruption.png

The purported uploader / infringer is described therein as follows.
Description English: India Against Corruption HQ logo
Date 6 July 2011
Source Own work Author Senthil524
Original file (2,953 × 2,953 pixels, file size: 1.94 MB, MIME type: image/png)

My principal states that the creators of the logo are all Indian citizens resident in India and the first approved publication of the infringed work occurred in India as described hereunder.

My principal states that India Against Corruption HQ had exclusively designed and developed the said logo in New Delhi (India) between 2 October 2010 and 4 October 2010 exclusively for use in an anti-corruption campaign against Commonwealth Games 2010 scams. The said logo was thereafter shared within the higher echelons and affiliates of the wider IAC movement ('andolan'), and was first publicly used/exhibited by IAC-HQ members / followers in New Delhi, at an anti-corruption protest march against Common Wealth Games 2010 scams, on 30.January.2011 which took place under the prominent banner of the India Against Corruption andolan to honour the martyrs of the IAC's parent movement - Hindustan Republican Army such as Shaheed Bhagat Singh, and which logo's use was widely reported in the local media on the same day, for example on the URL

http://www.hindustantimes.com/Images/2011/1/c6a728c2-4ff4-45fe-8fdb-30f185a2a4f5HiRes.JPG

My principal states that the copyright in their aforesaid logo has always been retained by them and has never been released / licenced to the public domain as is incorrectly stated and distributed from your servers. My principal has also never permitted any other person to create derivative versions of their movement's logo and thus protests the misleading "Creative Commons CC0 1.0 Universal Public Domain Dedication" shown against this image on your servers.

My principal, being a collective movement of patriotic Indians, has however occasionally permitted the limited usage of its logo / symbol by its membership after their taking proper advance permission for specific purposes permitted by its Code of Conduct [http://www.indiaagainstcorruption.org.in/index.php?n=Main.IACCodeOfConduct]. My principal states that no such permission was given to the infringer / purported author who on 6 July 2011 deceitfully describes it as his own work on your organization's servers.

As a good faith belief is held that the above mentioned use has not been authorized, we require that the infringing content be immediately removed.

Under penalty of perjury I state that the information provided in this notice is accurate, and that such notice may be submitted on behalf of India Against Corruption and the infringed work's creators.

This electronically signed notice is issued without prejudice under DMCA / OCILLA solely as a courtesy to afford the Wikimedia Foundation, being a hosting provider having servers in the USA and elsewhere, limited protection from copyright infringement claims based on the activity of its users under 17 U.S. Code § 512, should you chose to avail it.

A response within 5 business days from the date of this email is expected to confirm the above required removal has taken place. In the event that the content is not removed by then for any reason, my principal requests that WMF promptly discloses the complete particulars of the infringing user as available to you along with the records of all their past transactions using your organization's servers.

Thank you for your time.

Regards,

-XXXX- <redacted> Intellectual Property Agent