Dear Sirs,



Re: Copyright & Trademark Infringement of Wargaming.net LTD’s IP –THIRD REMINDER

We have already asked you to proceed with the removal of the numerous infringing elements contained in this website www.overtank.com and if not then we requested for the blocking of this website.

Various infringing elements were removed, however there are others still in force! This is unacceptable!

You continue to provide hosting services to the website www.overtank.com  (the “Fraudulent Resource”), which illegally is reproducing trademarks, company name, logotypes, artwork, interfaces, and videos of the Company and violates the Company’s End of User License Agreement, Game Rules and Terms of Service.

Attached you will find the screenshots indicating the references to World of Tanks , WoT, World of Warships and World of Warplanes.



This Fraudulent Resource continuous to violate WGs rights in the below manners:

1.      Use of trademarks- wordmarks, (World of Tanks, World of Tanks Blitz, World of Warships, World of Warplanes), artwork and copyrights;



2.      Unauthorized use of In-Game items:

§  Credits

§  Experience

§  Account sharing

§  Violations of EULA and ToS



A broader analysis of the above list, is hereby provided:

1.  Use of Wordmark Trademarks, Artwork, Copyrights

World of Tanks, World of Tanks Blitz and World of Warships wordmarks trademarks are worldwide protected and registered. Hereinafter referred to as “Protected subjects”:

(a)The Protected Subject –word mark is used in the Fraudulent Resource for the sale of credit and experience for :



-          the World of Warships Game, pictures are listed below, and can be found at https://www.overtank.com/world-of-warships-credit-and-xp

⚓ WOWS ⚓

World of Warships boosting

-          the rest of the website content refers to World of Tanks , and to acronym WoT

-          on the frequently asked questions, there is reference to World of Warplanes , https://www.overtank.com/faq

“Please, be informed that every element of the Protected Subjects which are used as shown above, are protected separately and the Protected Subjects as a whole are copyrighted worldwide, the Company has never authorized Overtank.com to proceed with any of the above actions, therefore any unauthorized sale and distribution action is illegal, may cause reputational damages to the Company and also can confuse and deceive the consumers as to the origin of the Infringing merchandise.

Your use of the term World of Tanks, World of Tanks Blitz, and Wargaming, in connection with the above, constitutes trademark infringement in violation of 15USC  §§ 1114 and §§1125 as per the U. S. TRADEMARK LAW.





2.  Unauthorized Use of In-Game Items



a)   Sale of Virtual Goods/ In-Game Experience –[xp packages]- credits /Silver/Tanks/ Power-Leveling and Tier Boosting/ Gold Trading/ Improvement of In-game Technics/ Coaching Platoon Training/ WoT Service.

Can be found here:

a) Sale of experience and credit as can be found here, where they state that if one provides their account details and buy any amount of experience or credits./.. is illegal: https://www.overtank.com/credits-and-experience-xp      ;

b) and here https://www.overtank.com/tier-boost\;

c) Illegal Buy of Boosting can be found here: https://www.overtank.com/wn-boosting

d) Reference to World of Tanks again, can be found here: https://www.overtank.com/gun-mark



Wargaming.net LTD represents that no permissions or licenses have been issued to the administrators of this Fraudulent Resource for using any Intellectual Property or for selling in-game credit, silver, tanks, experience-xp packages, power-leveling and tier boosting, improvement of in-game technics, coaching platoon training service (“types of tanks, tactics on the maps, tips about game mechanics, WN8, weak spots” as per the description of the Fraudulent Resource) for the user’s WoT Blitz account.

Wargaming.net LTD has never authorize any of the above hence advertisement of any kind and the offering of the specific services and products at this Fraudulent Resource is prohibited.



b)   Use of user’s account details, passwords, email address, password / Account sharing

This website asks the consumers to provide all account login details in order to log in on their behalf.

Explicitly stated “don’t tell anyone that you are using Overtank services since you are breaking the Wargaming’s ToS at the 5.6, 5.7 points which is connected but not limited to account sharing”.



c)    Violations of Wargaming’s EULAs [ http://legal.na.wargaming.net/en/end-user-licence-agreement/  ]

There are various violations of our End of User License Agreement, as per articles 3.1(a), 3.2, 7.1, 7.2, 12, Game Rules 1.04, 2.24.



d)   Violations of Wargaming’s Terms of Service: [http://legal.na.wargaming.net/en/terms-of-service/]

There are various violations of our Terms of Service, as per articles 5.6, 5.7, 6.3. 7.2, 7.3, 8.2, 8.3.



e)   As to Fraudulent Resource’s Frequently Asked Questions & About Us Section

We would like to ask you to remove immediately all references of Wargaming, World of Tanks, World of Warships, World of Warplanes, WoT from the website, from the entire content, from the Frequently Asked Questions and from the about us section.



All consumers of World of Tanks, World of Tanks Blitz and World of Warships, and World of Warplanes are to follow the rules as set out in the World of Tanks, World of Tanks Blitz and World of Warships End of User License Agreement (EULA rules, http://worldoftanks.com/en/content/docs/user_agreement/ and http://wotblitz.com/en/content/docs/user_agreement/) and the content and services provided at this Fraudulent Resource are in complete violation of Wargaming’s EULA and Terms of Service.



About Wargaming

Copyrights

Wargaming.net holds registered copyrights in the World of Tanks® game and the World of Tanks® Artwork. See U.S. Copyrights Nos. PA0001852811, PA0001834282, VA0001815288.

Wargaming.net also owns copyrights for its various graphics and artwork being used in your website.

Trademarks

Wargaming.net also owns various registered trademark and service marks for World of Tanks, World of Tanks Blitz, World of Warships and Wargaming.

We hereby state the US related registrations only:

1.      World of Tanks® trademark is protected under WIPO registration No 1044320

2.      World of Tanks logo, trademark is protected under WIPO registration No. 1251254

3.      World of Tanks U.S. Trademark Reg. No. 4008136, WIPO USA Reg. No 4,578,043.

4.      World of Tanks Blitz trademark is protected under WIPO registration No.4590703.

5.      World of Tanks Blitz_words_US (WIPO)_Reg No. 1168091

6.       World of Warships US Trademark Reg. No 1173617

Therefore,  Trademarks: “World of Tanks”, “World of Warplanes”, “World of Warships”, “World of Tanks Generals”, “World of Tanks Blitz”, “Wargaming.net” and “Wargaming”  and their respective logos are trademarks or registered trademarks of Wargaming (in the United States and other countries).

You may not use or display such trademarks in any manner, except as expressly set out or as expressly permitted in the said game’s EULA.



We hereby demand that you, administrators / host of overtank.com, and anyone acting in collaboration with you, cease and desist further infringement of Wargaming.net’s copyrights and trademarks, and general rights in the game World of Tanks and World of Tanks Blitz, World of Warships and World of Warplanes.



Taking the aforesaid into account, we ask you to:



Ø  immediately block the Fraudulent Website by closing total access to it;



and



Ø  stop sale, distribution and display of the Illegal merchandise, content and reference as soon as possible;



in order to prevent further intellectual property right infringement and fraudulent actions against consumers worldwide; protect the interests of consumers and avoid their deceit and confusion as to the origin of the Infringing merchandise; stop causing damages to the Company’s goodwill.



We expect to hear from you as soon as possible.







Phivi Tramountanelli

Intellectual Property Legal Counsel

Wargaming Group Limited



105 Ayion Omologiton Avenue, 1080, Nicosia, Cyprus

Email: p_tramountanelli@wargaming.net

Main: +357 22-864444

Direct:+357 22-864742

Mobile: +357 97-709024

Skype: p_tramountanelli

www.wargaming.com