Turboman action figure replica repoduction [Submitted by Twentieth Century Fox Film Corporation]

Date: Jan 19, 2017

Twentieth Century Fox Film Corporation
2121 Avenue of the Stars Rm 2234
Century City, CA 90067

Sent via online form

Kickstarter, PBC
58 Kent Street
Brooklyn, NY 11222

Re: Turboman action figure replica repoduction

Description of copyrighted material: The motion picture JINGLE ALL THE WAY, to which Fox owns exclusive rights.

Description of infringing material: We are writing to you on behalf of Twentieth Century Fox Film Corporation and its related entities, (collectively "Fox"). Fox is the exclusive owner of trademark, copyright and other intellectual property rights (the "FOX IP") in the motion picture JINGLE ALL THE WAY (the "Film"), including trademark and copyright rights to the characters, images, designs, slogans, voices, and other distinctive creative elements of the Film, and the exclusive right to license the FOX IP. It has come to our attention that Kickstarter member "Rumour Skywalker" is running a campaign to fund a reproduction of a "Turbo Man" toy, replicated from a prop in the Film (the "Infringing Product"), without Fox's authorization, at https://www.kickstarter.com/projects/itsturbotime/turboman-action-figure-replica-repoduction?ref=discovery. This use of the FOX IP in the Infringing Product creates consumer confusion because users encountering the Infringing Product will assume that Fox sponsors, endorses, or authorizes the use of the FOX IP or the Infringing Product, neither of which are true. Accordingly, the Infringing Product violates Fox’s trademark rights and constitutes unfair competition under the Lanham Act. See 15 U.S.C. § 1114 and § 1025. Further, the use of the copyrighted "Turbo Man" prop in the Infringing Products constitutes copyright infringement. See 17 U.S.C. §§502 – 505. We therefore demand that you immediately: 1. Remove the Kickstarter campaign for the Infringing Product from your site, and, 2. Confirm in writing to the undersigned no later than January 20, 2017, that you have complied with the foregoing.