We claim proprietor trademark for the name “Hardcore Games” and the banner design which is present on every page on the site. Passing off as Hardcore Games™ is a common law tort enforceable in Canada. Its also a criminal offence which contravenes several statutes.
EXCERPTS FROM THE UNITED STATES CONOLIDSATED CRIMINAL CODE
15 U.S. Code § 1125 – False designations of origin, false descriptions, and dilution forbidden. Link.
EXCERPTS FROM THE CANADIAN CRIMINAL CODE
§406. For the purposes of this Part, every one forges a trade-mark who (a) without the consent of the proprietor of the trade-mark, makes or reproduces in any manner that trade-mark or a mark so nearly resembling it as to be calculated to deceive; or (b) falsifies, in any manner, a genuine trade-mark.
§408. Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, (a) passes off other wares or services as and for those ordered or required; or (b) makes use, in association with wares or services, of any description that is false in a material respect regarding (i) the kind, quality, quantity or composition, (ii) the geographical origin, or (iii) the mode of the manufacture, production or performance of those wares or services.
§409. (1) Every one commits an offence who makes, has in his possession or disposes of a die, block, machine or other instrument designed or intended to be used in forging a trade-mark. Saving (2) No person shall be convicted of an offence under this section where he proves that he acted in good faith in the ordinary course of his business or employment.
The minecraft-mp.com site is focused on the game Minecraft which is a very popular title.
- firstname.lastname@example.org (Guillaume Hausser)
We have contacted the operator of the site several times and so far they have ignored our DCMA request.
The site is hosted by cloudfare and the registrar is http://www.gandi.net
We have complained over copyright and trademark infringement to the web host and the registrar. Cloudfare is well known to be problematic with DCMA requests.