any experiences working with Credit Suisse regarding IP allegations?
would anyone know how they usually proceed?
fyi - see fwd message below
A friend received the following email from Mr Tomcat with Credit Suisse (you'll find my friends' reply further down). I assume Mr Tomcat did not include his last name to protect his privacy, which is why I've further altered the first name he used, and disguised the address, telephone and fax numbers of Credit Suisse (which are nevertheless all publicly available through whois data and from several other sources). My Friends' name, email and address have been altered to protect his privacy as well. Further, the domain in question (credit-bliss.com) has been altered here; as described it is pointed towards a generic parking page generated by a third party. As the domain may be a typo of "Credit Suisse" there might of course be a TM issue with such a domain name per se, however Credit Suisse has so far not communicated any concerns about possible TM issues (they've only mentioned phishing claims and the allegation that the website is a copy of their "official" site, as outlined in their email below).
------- Forwarded message -------
From: [email protected]
Subject: Forwarded message from 1&1 Private Domain Registration Interface
Date: Tue, 11 Apr 2006 14:24:58 +0700
You received the following e-mail message via 1&1's Private Domain
Registration Interface at http://1and1.com/contact.
Sender: Tomcat <[email protected]>
Date: 4/11/06 3:24 AM
Regarding domain: credit-bliss.com
Body of message:
To whom it may concern
You are listed as the contact in the WHOIS record for the domain
credit-bliss.com
This domain is being used for a phishing and/or fake web site copy of our official web site at www.credit-suisse.com.
I request you to please disable the web site immediately.
Regards
Tomcat
Credit Suisse
CANA Services (Central Addressing & Naming Authority)
FFON 1
8070 Gnometown
Switzerland
Tel. +41 44 332 26XX
Fax. +41 44 466 63XX
e-Mail: [email protected]
Internet: http://www.credit-suisse.com
=================================================
Please access the attached hyperlink for an important electronic communications disclaimer:
http://www.credit-suisse.com/legal/en/disclaimer_email_ib.html
=================================================
------- Forwarded message -------
From: "Host Master" <[email protected]>
To: [email protected]
Cc:
Subject: Re: Regarding domain: credit-bliss.com
Date: Tue, 11 Apr 2006 15:52:43 +0700
Att. Tomcat
Credit Suisse CANA Services (Central Addressing & Naming Authority), FFON 1
Dear Sir,
You wrote to us as we are listed as the contact in the WHOIS record for the
domain credit-bliss.com (hereafter "the domain"). We acknowledge receipt of
your email, and we can confirm that we represent the legal registrant of the
domain. Your future communication to the attention of the domain
registrant may be sent directly to this email account ([email protected]).
We have taken note of your request to disable the web site immediately, as
well as your claims that the domain
1) is being used for a phishing
2) and/or fake web site copy of your official web site at
www.credit-suisse.com.
We can assure you that we will work diligently with you to resolve these
matters, and we may get back to you with a more detailed answer as soon as
we've had time to review the merits of your claims. To speed up this
process, your assistance in providing us with possible evidence related to
your claims would be greatly appreciated.
Preliminarily, we'd like to point out that the domain has never been in
active use, neither for sending nor receiving email, nor as a developed web
site.
The domain is currently parked, i.e. not in active use as a developed
website. Parked domains are usually directed by specific name servers
towards a generic "parking page", which is normally provided by a third
party. You'll be able to verify for yourself that this is the case with
the domain, the name servers being ns1.fastpark.net, and ns2.fastpark.net.
The legal domain registrant is merely acting as a service provider, and controls neither the name servers, nor the web server and/or the
content of the parking page.
We take your allegation that the domain is being used for "phising" very
seriously, and we can assure you that the domain registrant has
never been knowingly involved in any such activities. Most likely, your
assumption that the domain is used for phising is based on a "spoofed"
email, where the domain incorrectly appears as the sender. If you could
provide us with an example of an email you believe has been used in
connection with the domain for "phishing" purposes, including a full
internet header, we will be able to work with you to understand the origin
of such emails.
We would like you to note that there is no MX record configured for the
domain. This means that it is impossible to receive emails for the domain.
This setup makes it impossible to use to domain to receive answers to
emails, which makes it highly unlikely that it is being used for phising.
We can offer, should you believe this would be helpful to you, to work with
the entities/and or persons in control of the name servers to see if it
would be feasible to further prevent spoofing by setting up appropriate SPF
records for the domain. This feature can be helpful in determining whether
an email has been authorized by the domain owner. Let us know if you would
like us to proceed with this.
Regarding the assertion that the domain is being used as a "fake web site
copy" of your "official web site", allow us to make the following
preliminary comments:
Unfortunately we are unable to evaluate your claim that your web site is
"official", however we understand your concern about copying your web site,
and we would again like to assure you that we will work diligently to
resolve any issues related to this.
We will make inquiries with the above-mentioned third party content provider
if you believe your web site has been copied, and it is our policy to
respond to notices of alleged infringement that comply with the Digital
Millennium Copyright Act (the text of which can be found at the U.S.
Copyright Office Web Site,
http://lcweb.loc.gov/copyright/ )
and other applicable intellectual property laws. Responses may include
removing or disabling access to material claimed to be the subject of
infringing activity and/or terminating subscribers. If we remove or disable
access in response to such a notice, we will make a good-faith attempt to
contact the owner or administrator of the affected web site or content so
that they may make a counter notification pursuant to sections 512(g)(2) and
(3) of that Act. It is our policy to document all notices of alleged
infringement on which we act. As with all legal notices, a copy of the
notice may be sent to one or more third parties who may make it available to
the public.
To file a notice of infringement with us, you must provide a written
communication that sets forth the items specified below. Please note that
you will be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that a product or activity is infringing your
copyrights. Indeed, in a recent case (please see
http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more
information), a company that sent an infringement notification seeking
removal of online materials that were protected by the fair use doctrine was
ordered to pay such costs and attorneys fees. The company agreed to pay over
$100,000. Accordingly, if you are not sure whether material available online
infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following
format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has
been infringed upon. For example, "The copyrighted work at issue is the text
that appears on http://www.legal.com/legal_page.html"
2. Identify the material that you claim is infringing the copyrighted work
listed in item #1 above.
FOR WEB PAGES, YOU MUST IDENTIFY EACH PAGE THAT ALLEGEDLY CONTAINS
INFRINGING MATERIAL. This requires you to specify (a) that you found
the page on a specific URL/subdirectory (like this:
http://video.google.com/videoplay?docid=3383042311441257769&q=google)
and (b) the title of the page
3. Provide information reasonably sufficient to permit us to contact you
(email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the
owner/administrator of the web page that allegedly contains infringing
material (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of
the copyrighted materials described above on the allegedly infringing web
pages is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that
the information in the notification is accurate and that I am the copyright
owner or am authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
van phong dai dien
Nghi Tam, Tay Ho
Somewhere, Vietnam
OR enquire in advance as to whether a notice would be accepted by
email, scan and send by email to:
[email protected], Att: Legal Support, DMCA Complaints
Counter Notification
The administrator of an affected site may make a counter notification
pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright
Act. When we receive a counter notification, we will reinstate the material
in question.
To file a counter notification with us, you must provide a written
communication (by regular mail -- email is accepted only by prior
agreement) that sets forth the items specified below. Please note that you
will be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that a product or activity is not infringing the
copyrights of others. Accordingly, if you are not sure whether certain
material infringes the copyrights of others, we suggest that you first
contact an attorney. A sample counter notification may be found at
www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the
following format (including section numbers):
1. Identify the specific URLs of material that we have removed or to which
we have disabled access.
2. Provide your name, address, telephone number, email address, and a
statement that you consent to the jurisdiction of Federal District Court for
the judicial district in which your address is located (or Santa Clara
County, California if your address is outside of the United States), and
that you will accept service of process from the person who provided
notification under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that
I have a good faith belief that each search result or message identified
above was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled."
4. Sign the paper.
5. Send the written communication to the following address:
van phong dai dien ubgm ltd
So 20A Ngach 1/54 Duong Au Co
Nghi Tam, Tay Ho
Hanoi, Vietnam
OR enquire in advance as to whether a notice would be accepted by
email, scan and send by email to:
[email protected], Att: Legal Support, DMCA Counter Notifications.
Sincerely,
John Q. Raja
[email protected]
van phong dai dien
Nghi Tam, Tay Ho
Somewhere, Vietnam
would anyone know how they usually proceed?
fyi - see fwd message below
A friend received the following email from Mr Tomcat with Credit Suisse (you'll find my friends' reply further down). I assume Mr Tomcat did not include his last name to protect his privacy, which is why I've further altered the first name he used, and disguised the address, telephone and fax numbers of Credit Suisse (which are nevertheless all publicly available through whois data and from several other sources). My Friends' name, email and address have been altered to protect his privacy as well. Further, the domain in question (credit-bliss.com) has been altered here; as described it is pointed towards a generic parking page generated by a third party. As the domain may be a typo of "Credit Suisse" there might of course be a TM issue with such a domain name per se, however Credit Suisse has so far not communicated any concerns about possible TM issues (they've only mentioned phishing claims and the allegation that the website is a copy of their "official" site, as outlined in their email below).
------- Forwarded message -------
From: [email protected]
Subject: Forwarded message from 1&1 Private Domain Registration Interface
Date: Tue, 11 Apr 2006 14:24:58 +0700
You received the following e-mail message via 1&1's Private Domain
Registration Interface at http://1and1.com/contact.
Sender: Tomcat <[email protected]>
Date: 4/11/06 3:24 AM
Regarding domain: credit-bliss.com
Body of message:
To whom it may concern
You are listed as the contact in the WHOIS record for the domain
credit-bliss.com
This domain is being used for a phishing and/or fake web site copy of our official web site at www.credit-suisse.com.
I request you to please disable the web site immediately.
Regards
Tomcat
Credit Suisse
CANA Services (Central Addressing & Naming Authority)
FFON 1
8070 Gnometown
Switzerland
Tel. +41 44 332 26XX
Fax. +41 44 466 63XX
e-Mail: [email protected]
Internet: http://www.credit-suisse.com
=================================================
Please access the attached hyperlink for an important electronic communications disclaimer:
http://www.credit-suisse.com/legal/en/disclaimer_email_ib.html
=================================================
------- Forwarded message -------
From: "Host Master" <[email protected]>
To: [email protected]
Cc:
Subject: Re: Regarding domain: credit-bliss.com
Date: Tue, 11 Apr 2006 15:52:43 +0700
Att. Tomcat
Credit Suisse CANA Services (Central Addressing & Naming Authority), FFON 1
Dear Sir,
You wrote to us as we are listed as the contact in the WHOIS record for the
domain credit-bliss.com (hereafter "the domain"). We acknowledge receipt of
your email, and we can confirm that we represent the legal registrant of the
domain. Your future communication to the attention of the domain
registrant may be sent directly to this email account ([email protected]).
We have taken note of your request to disable the web site immediately, as
well as your claims that the domain
1) is being used for a phishing
2) and/or fake web site copy of your official web site at
www.credit-suisse.com.
We can assure you that we will work diligently with you to resolve these
matters, and we may get back to you with a more detailed answer as soon as
we've had time to review the merits of your claims. To speed up this
process, your assistance in providing us with possible evidence related to
your claims would be greatly appreciated.
Preliminarily, we'd like to point out that the domain has never been in
active use, neither for sending nor receiving email, nor as a developed web
site.
The domain is currently parked, i.e. not in active use as a developed
website. Parked domains are usually directed by specific name servers
towards a generic "parking page", which is normally provided by a third
party. You'll be able to verify for yourself that this is the case with
the domain, the name servers being ns1.fastpark.net, and ns2.fastpark.net.
The legal domain registrant is merely acting as a service provider, and controls neither the name servers, nor the web server and/or the
content of the parking page.
We take your allegation that the domain is being used for "phising" very
seriously, and we can assure you that the domain registrant has
never been knowingly involved in any such activities. Most likely, your
assumption that the domain is used for phising is based on a "spoofed"
email, where the domain incorrectly appears as the sender. If you could
provide us with an example of an email you believe has been used in
connection with the domain for "phishing" purposes, including a full
internet header, we will be able to work with you to understand the origin
of such emails.
We would like you to note that there is no MX record configured for the
domain. This means that it is impossible to receive emails for the domain.
This setup makes it impossible to use to domain to receive answers to
emails, which makes it highly unlikely that it is being used for phising.
We can offer, should you believe this would be helpful to you, to work with
the entities/and or persons in control of the name servers to see if it
would be feasible to further prevent spoofing by setting up appropriate SPF
records for the domain. This feature can be helpful in determining whether
an email has been authorized by the domain owner. Let us know if you would
like us to proceed with this.
Regarding the assertion that the domain is being used as a "fake web site
copy" of your "official web site", allow us to make the following
preliminary comments:
Unfortunately we are unable to evaluate your claim that your web site is
"official", however we understand your concern about copying your web site,
and we would again like to assure you that we will work diligently to
resolve any issues related to this.
We will make inquiries with the above-mentioned third party content provider
if you believe your web site has been copied, and it is our policy to
respond to notices of alleged infringement that comply with the Digital
Millennium Copyright Act (the text of which can be found at the U.S.
Copyright Office Web Site,
http://lcweb.loc.gov/copyright/ )
and other applicable intellectual property laws. Responses may include
removing or disabling access to material claimed to be the subject of
infringing activity and/or terminating subscribers. If we remove or disable
access in response to such a notice, we will make a good-faith attempt to
contact the owner or administrator of the affected web site or content so
that they may make a counter notification pursuant to sections 512(g)(2) and
(3) of that Act. It is our policy to document all notices of alleged
infringement on which we act. As with all legal notices, a copy of the
notice may be sent to one or more third parties who may make it available to
the public.
To file a notice of infringement with us, you must provide a written
communication that sets forth the items specified below. Please note that
you will be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that a product or activity is infringing your
copyrights. Indeed, in a recent case (please see
http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more
information), a company that sent an infringement notification seeking
removal of online materials that were protected by the fair use doctrine was
ordered to pay such costs and attorneys fees. The company agreed to pay over
$100,000. Accordingly, if you are not sure whether material available online
infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following
format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has
been infringed upon. For example, "The copyrighted work at issue is the text
that appears on http://www.legal.com/legal_page.html"
2. Identify the material that you claim is infringing the copyrighted work
listed in item #1 above.
FOR WEB PAGES, YOU MUST IDENTIFY EACH PAGE THAT ALLEGEDLY CONTAINS
INFRINGING MATERIAL. This requires you to specify (a) that you found
the page on a specific URL/subdirectory (like this:
http://video.google.com/videoplay?docid=3383042311441257769&q=google)
and (b) the title of the page
3. Provide information reasonably sufficient to permit us to contact you
(email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the
owner/administrator of the web page that allegedly contains infringing
material (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of
the copyrighted materials described above on the allegedly infringing web
pages is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that
the information in the notification is accurate and that I am the copyright
owner or am authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
van phong dai dien
Nghi Tam, Tay Ho
Somewhere, Vietnam
OR enquire in advance as to whether a notice would be accepted by
email, scan and send by email to:
[email protected], Att: Legal Support, DMCA Complaints
Counter Notification
The administrator of an affected site may make a counter notification
pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright
Act. When we receive a counter notification, we will reinstate the material
in question.
To file a counter notification with us, you must provide a written
communication (by regular mail -- email is accepted only by prior
agreement) that sets forth the items specified below. Please note that you
will be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that a product or activity is not infringing the
copyrights of others. Accordingly, if you are not sure whether certain
material infringes the copyrights of others, we suggest that you first
contact an attorney. A sample counter notification may be found at
www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the
following format (including section numbers):
1. Identify the specific URLs of material that we have removed or to which
we have disabled access.
2. Provide your name, address, telephone number, email address, and a
statement that you consent to the jurisdiction of Federal District Court for
the judicial district in which your address is located (or Santa Clara
County, California if your address is outside of the United States), and
that you will accept service of process from the person who provided
notification under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that
I have a good faith belief that each search result or message identified
above was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled."
4. Sign the paper.
5. Send the written communication to the following address:
van phong dai dien ubgm ltd
So 20A Ngach 1/54 Duong Au Co
Nghi Tam, Tay Ho
Hanoi, Vietnam
OR enquire in advance as to whether a notice would be accepted by
email, scan and send by email to:
[email protected], Att: Legal Support, DMCA Counter Notifications.
Sincerely,
John Q. Raja
[email protected]
van phong dai dien
Nghi Tam, Tay Ho
Somewhere, Vietnam
Last edited:
