Information re online content removal on behalf of Sanrio As

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