Information re online content removal on behalf of Sanrio 455 Market Street, Suite 1910 San Francisco, California 94105 T 415.8 82.3200 F 415.8 82.3232 w w w.owe.com As intellectual property counsel to Sanrio Company, Ltd., we ask online sites to remove content that infringes Sanrio’s intellectual property (copyrights and/or trademarks). Sanrio owns the famous HELLO KITTY® and many other characters, e.g., CHOCOCAT®, MY MELODY®, and KEROPPI®. See www.sanrio.com. These character images and names represent some of the most highly recognized and adored characters worldwide. Under U.S. and international laws, Sanrio is responsible for ensuring the quality and safety of HELLO KITTY and other character products. Thus, only Sanrio and its authorized licensees can make or sell products that feature the names or images of HELLO KITTY or Sanrio’s other characters. —some people believe that fans have a “fair use” right to create and sell home-made HELLO KITTY items. This is not correct. “Fair use” is a complex legal doctrine that involves balancing several factors, including whether the use is editorial or commercial in nature. Selling products, even one-of-a-kind home-made items, generally will not qualify as fair use. For more information on fair use, please see http://www.copyright.gov/fls/fl102.html If you believe your listing does not violate the laws as explained here, and thus should not have been removed, please send to us at [email protected]: —images of the content, —the URL where it was posted, and Under intellectual property infringement laws, why you believe the content was not infringing —individuals are not allowed to create and sell their own products featuring HELLO KITTY artwork, or the HELLO KITTY name (or the artwork or name of any other Sanrio character), even if those items are “homemade” We will review it again and work with you to resolve the issue. —this is true even if you drew the characters yourself (instead of digitally copying them) or if you added your own artwork, such as different costumes for the character, or mash-ups combining the Sanrio character with other character images —homemade or customized products made from authentic Sanrio items are also illegal, for example, adding rhinestones to a genuine Sanrio HELLO KITTY cell phone cover —products made with counterfeit merchandise that you bought from another source are illegal, even if you did not know that the merchandise you purchased was counterfeit (for example, hair bows made with unauthorized HELLO KITTY ribbons) —it is also illegal to use the HELLO KITTY name or other character name or image to advertise or promote non-Sanrio products Also, please note that we may not have been able to view your entire online content, so if you are showing other items featuring HELLO KITTY or other Sanrio characters that have not been removed, you should not assume that those other items are non-infringing. You may receive additional notices about other items. If you believe that other items are also infringing, we would appreciate it if you would voluntarily remove them. Finally, we know that there are other infringers whose listings remain online. That does not mean that you have been unfairly targeted. We are working to have all infringing listings removed. Because of the huge volume of infringing listings, it is impossible to have them all taken down at the same time. Many listings have been taken down before yours, and many will be removed after yours. Thank you for your cooperation. Owen, Wickersham & Erickson, P.C. [email protected] INTELLECTUAL PROPERTY LAW SINCE 1933
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