We brought you an “iPhone 5 conversion kit” earlier this week that essentially allowed you to purchase a back plate mod kit resembling the leaked images of the white and black next-generation iPhone backs. Apple does not want you to get your hands on the new iPhone design just yet, so it not surprisingly issued a take down notice to the makers of the mod kit. The sellers still promise to accept orders for the next 48 hours and continue to ship to those who have already ordered. The full letter sent to the sellers is below:
We are authorized to send notice and takedowns on behalf of Apple Inc. (“Apple”), the owner of the federally registered Apple logo trademark (among others) hereinafter referred to as the Apple Trademark(s).
We are writing to request your assistance with a website hosted by xxx INC that is violating Apple’s intellectual property rights.
The website, http://iphone5mod.com/, is offering for sale and selling merchandise bearing counterfeit Apple trademark(s). Such illegal use of Apple Trademark(s) is a violation of federal and State trademark laws.
Pursuant to xxx INC’s policies and the requirements of the Digital Millennium Copyright Act (“DMCA”), please note the following:
1. Signature of the undersigned is set forth below.
2. The website, http://iphone5mod.com, is offering for sale counterfeit Apple merchandise. The offer for sale and the sale of counterfeit merchandise is prohibited by law, including, but not limited to, 15 U.S.C. Ã‚Â§ 1114 et seq. and 18 U.S.C. Ã‚Â§ 2320.
3. xxx INC’s servers will be able to accurately locate the infringing content at:
4. This company’s physical address is:
Huaqiang Electron World Zhenzhong Road Futian, Shenzhen, Guangdong China
You may contact our office through email at email@example.com
5. and 6. I state UNDER PENALTY OF PERJURY that I am the Account Manager at OpSec Security Inc., the agent authorized to send notice and takedowns on behalf of Apple, the owner of certain intellectual property rights. I have a good faith belief that the website, http://iphone5mod.com/, offers items that are not authorized by Apple, its agent, or the law, and therefore infringe Apple’s rights.
The information in this notice is accurate. Please act expeditiously to have the infringing items removed from the website.
We thank you in advance for your cooperation, and we await a response from you or your counsel.
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