Well, I received a letter today
(October 29, '99) from an attorney representing Nintendo. It seems
that they don't like me posting pics of any bootleg Pokemon toys. I'm not
sure if they believe I am selling the toys or not. But I believe that the
impression is given that I am promoting the sale and distribution of Pokemon
bootleg products. I don't understand what the big deal is. I am only posting
pics of toys from my own personal collection. How is this hurting Nintendo?
Mr. Xxxxx Xxxxxxxx
RE: Nintendo Of America
Dear Mr. xxxxxxxx,
Nintendo is the owner of numerous copyrights for the Pokemon characters, designs, and products. As the owner of these copyrights, Nintendo has the exclusive right under U.S. law to authorize copies of its characters and designs. In addition to its copyright protection, Nintendo has rights under federal and state trademarks laws. Your activities with respect to the advertising and distribution of counterfeit Pokemon products violate federal and state laws concerning trademark protection and unfair competition. This is our notice to you to immediately cease using unauthorized copies of Nintendo’s Pokemon characters, designs and products.
In short, your activities at the Web site www.bootlegactionfigures.com constitute both copyright and trademark infringements in violation of 17 U.S.C 101 et seq., and 15 U.S.C. 1114, 1115, and 1116 and other applicable federal and state laws. Insofar as your conduct appears to be deliberate, many of the penalties may be more severe than in the case of infringing conduct that is not willful and deliberate.
We will be monitoring your
Web site to confirm that you are in compliance with the law and reserve
all of Nintendo’s rights to take all steps necessary to protect Nintendo’s
intellectual property rights. We hope, however, that such a conflict can
be avoided. If you have any questions please have your lawyer contact me
at (xxx) xxx-xxxx
Signature of author
Now I can certainly
understand Nintendo's need to protect the copyrights. But isn't this a
bit of overkill? What do you think?
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