I have bad news. Upon waking up this morning, i have received a pm from Cd ProjeKt. We will have to make a new sub reddit. GOG will be shut down. :( The person did provide proof and it is legit.
we need a new name for our new sub. Please give us your ideas. we will hold a contest and the winner will get a special tag, a game, and recognition.
**Letter I received as follows. **
31/03/2016
VIA PM
Mr. Ali-Sama Gift Of Games https://www.reddit.com/r/GiftofGames
Re: Infringement of Trademark Rights of CD Projekt.
Dear Mr. Larson: This law firm represents CD Projekt. (āGoGā) in connection with its intellectual property rights. Your use of GoG is a violation of CD Projektās common law trademark rights, common law service mark rights, and trade name rights, and this letter constitutes CD Projektās demand that you cease and desist any and all use of these domain names. You should immediately forward this letter to your attorney.
CD Projekt is a privately owned business offering digital products to consumers in the entire world CD Projekt was registered as a Polish corporation in august 2008 and has continually used āGoGā (the āMarksā) throughout the world as its brand name since that time. Since its incorporation, CD Projekt has continually used the Marks in advertising campaigns and in the community, including through its website at www.gog.com which CD Projekt registered on august 1, 2008. In addition, CD Projekt has been actively involved in the community in its efforts to further promote its brand including its sponsorship of various events. As a result of these efforts, CD Projektās customers, and the general public, have come to recognize CD Projekt as an established and successful digital distribution business.
Recently, CD Projekt became aware of your use of the GoG names, which caused confution with customers. Under Polish, common law trademark infringement occurs when a party utilizes a trade or service mark that creates a likelihood of consumer confusion. As you are undoubtedly aware, your sites name is exactly the same as CD Projektās Marks.
Because of your use of these url, CD Projekt has already witnessed actual confusion in the market. The following incidents occurred during our winter sales.
In just 5 months, CD Projekt has received a number of reports of actual consumer confusion. This presumably represents a small portion of consumers who are confused but never take the time to find another way to contact CD Projekt and report the confusion caused by your use of the sites acronym.
CD Projekt has several options under Polish law to enforce its legal rights in the Marks. If CD Projekt were to file a lawsuit against you, it would be entitled to seek: (1) preliminary and permanent injunctions; (2) actual monetary damages; (3) disgorging of any profits you have realized through your use of the Marks; (4) reimbursement of attorneyās fees required to prosecute a lawsuit against you; and (5) monetary damages for damage to CD Projektās goodwill in the market.
Please be advised that CD Projekt will undertake all appropriate steps to protect its Marks and its associated goodwill. You can avoid legal action by immediately ceasing and desisting from any and all infringing activity including use of the https://www.reddit.com/r/GiftofGames . You must cease and desist all promotion and/or marketing of digital services on the site. You are hereby put on notice that CD Projekt and I will be monitoring your use of these domain names for this purpose. Additionally, you must execute a copy of this letter and send it to this firm within seven (7) days of the receipt of this letter. I recommend you consult with an attorney before taking any action.
If you or your attorney have any questions, please feel free to contact me.
Sincerely,
NAmes blanked out to protect privacy
CC: CD Projekt
I have to sign the following.
I, Ali-Sama personally and on behalf of Gift Of Games, agree to immediately cease and desist from any and all further use of https://www.reddit.com/r/GiftofGames and GoG. In the event this agreement is breached by me or Gift Of Games, CD Projekt shall be entitled to costs, attorneyās fees, and collection costs related to any claims and/or action brought to enforce this agreement and shall be free to pursue all rights it had as of the date of this letter as if this letter had never been signed. I certify that I have the authority to enter into this agreement on behalf of Gift Of Games.
By: Dated:
Both individually and on behalf of Gift Of Games.
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