We think these guys are bluffing, they dont have the trademark Adblock. probably because they were unable to renew it at some point. We emailed back asking for proof of ownership of the trademark, until we see that proof we are keeping the name.
below the full email
Dear Sir / Madam,
We are contacting you on behalf of EYEO GMBH (hereinafter, “EYEO”) in our capacity as Lawyers that monitor and protect its Intellectual Property rights on the Internet.
As you may know EYEO is the developer of Adblock Plus and Adblock Browser, the actually most popular adblocking open source extension (
www.adblockplus.org) used by over 60 Million users worldwide.
Please be informed that EYEO owns the entire right, title and interest in and to the trademarks ADBLOCK, ADBLOCK BROWSER, ADBLOCK
PLUS and
ABP and Design used in connection with the provision of software and services for the screening and blocking of Internet banner, pop-up, video and other advertisements including, but not limited to, United States Trademark Registration No. 4574291; United States Trademark Registration No. 4680485; International Registration No. 1179436 under the Madrid Protocol designating China, India, South Korea, Mexico and the Russian Federation; Community Trademark Registration No. 009643453; Community Trademark Registration No. 011407251; China Trademark Registration No. 13327397; Mexico Trademark Registration No. 1455051; as well as an application for the trademark ADBLOCK in Brazil, and applications for the trademark ADBLOCK PLUS in Brazil, Canada, India and the United Arab Emirates (together, the “ADBLOCK® Marks”).
Upon revision of the following App / Extension that you have developed, we have detected an unauthorized use of the ADBLOCK® Marks in the title, that results in a trademark infringement according to relevant applicable laws.
We summarize the data that we have documented:
App name: SmartAdblock
Developer:
https://www.smartadblock.co.uk
URL:
SmartAdblock
We are not against the competitive distribution of your App / Extension. You are free to produce the best software possible and distribute them to your users via any channel if you like. However, you should not name it “Adblock” or anything related as this is a term protected by EYEO’s trademarks. In fact, EYEO has continuously used theADBLOCK® Marks since January 2006 in the United States and throughout the world, and has invested and continues to invest heavily to develop and enhance the fame of the ADBLOCK® Marks. As a result of such long-term use, advertising and expenditures, EYEO has established considerable goodwill and distinctiveness in the ADBLOCK® Marks. All this, for the purpose of protecting its users from getting confused. For further details, please refer to EYEO’s statement on the matter here:
Adblock Plus and (a little) more: Adblock Plus trademarks.
For the foregoing reasons, we kindly ask you, upon reception of this notice, to immediately:
-
Rename your App / Extension in order to stop using the protected term “Adblock
” in the title.
-
Stop and refrain in the future from including words, symbols or other distinctive signs in your App / Extension that can mislead consumers to think that it is EYEO’s official Adblock
Plus extension.
-
Notify us of the fulfilment of the aforementioned claims and of your compromise not to reproduce these activities in the future.
Any future use of our Client’s exclusive rights is subject to the previous written request and clearance of all rights following our Client’s policies.
The described unlawful conducts and uses have not been authorized by our Client; we believe in good faith that all the information contained in this notice is accurate. This notice is made without prejudice of all relevant actions, rights and remedies available under relevant applicable laws.
Sincerely,
--
RED POINTS SOLUTIONS
Online Brand Protection Division
adblockplus-bp@redpoints.com
www.redpoints.com
