Page 1 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 1 of 71
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SUSAN Y. SONG Zac Garthe
CLERK, U.S. DISTRICT ¢ Legal
COURT
NORTHERN DISTRICT OF caLiFoRAG@ezZpzZfuN.com
August 3, 2017
VIA MAIL , CV 17 80 1 00MISC Sr
Clerk’s Office
United States District Court
Golden Gate Avenue, Box 36060
San Francisco, CA 94102-3489
Re: Application for DMCA Subpoena
Dear Sir or Madam:
Eazy-PZ, LLC (d/b/a “ezpz”) respectfully requests that the Clerk issue a subpoena
pursuant to 17 U.S.C. § 512(h) to Shopify, Inc., (“Shopify”) located at 33 New
Montgomery Street, Ste. 750, San Francisco, CA 94105.
By way of background, Section 512(h) of the Digital Millennium Copyright Act (“DMCA”)
states that a “copyright owner or a person authorized to act on the owner’s behalf may
request the clerk of any United States district court to issue a subpoena to a service
provider for identification of an alleged infringer in accordance with this subsection.” U.S.C. § 512(h)(1). ezpz is the owner of Copyright Registration No. VA 1-978-314
which covers, among other things, images and videos of ezpz’s products featured on its
website (Wwww.ezpzfun.com). A true and correct copy of ezpz Certificate of Registration
is attached as Exhibit 1.
For a subpoena to be issued, Section 512(h) requires that the copyright owner file the
following with the Clerk:) A copy of a notification described in subsection (c)(3)(A);) A proposed subpoena; and) A sworn declaration to the effect that the purpose for which the subpoena is
sought is to obtain the identity of an alleged infringer and that such information
will only be used for the purpose of protecting rights under this title.
Attached as Exhibit 2 are true and correct copies of ezpz’s notifications provided to
Shopify pursuant to Section 512(c)(3)(A). These notifications include (i) letters and
emails sent to Shopify by myself or ezpz’s founder Lindsey Laurain, and (ii) emails from
Shopify confirming receipt of ezpz’s DMCA Takedown Notice form submissions. By way
of explanation, numerous of Shopify’s customers have made unauthorized copies of
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 2 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 2 of 71
Coas. WRAL. Wie.
AR lum.
ezpz’s copyrighted works and used them on websites built and hosted by Shopify. As
Shopify’s infringing customers’ websites were discovered, ezpz submitted DMCA
notifications to Shopify. At first, ezpz notified Shopify using letters or emails from
myself or Lindsey Laurain, but pursuant to a request from Shopify, later notifications
were submitted using Shopify’s automated “DMCA Takedown Notice and Takedown
Procedure” form found here: www.shopify.com/legal/DMCA. (True and correct copies
of Shopify’s request and its DMCA Takedown Notice and Takedown Procedure form are
attached as Exhibit 3). Because Shopify’s automated DMCA Takedown Notice form does
not provide a copy of the notification, the confirmation email receipts are the only
evidence available to ezpz to show that it has complied with Section 512(c)(3)(A).
Attached as Exhibit 4 is a proposed subpoena, and attached as Exhibit 5 is a sworn
declaration meeting the requirements of Section 512(h).
Pursuant to Section 512(h)(4), and because ezpz has complied with all requirements of
the DMCA statute, ezpz respectfully requests that the Clerk expeditiously issue and sign
the proposed subpoena, and return it to ezpz at the following address:
Eazy-PZ, LLC
Attn: Zac Garthe
Lincoln Ave., #434
Parker, CO 80134
Thank you for your attention to this important matter. Please do not hesitate to contact
me if you have any questions or concerns.
Sincerely,
Upwe Lien
Zac Garthe
General Counsel
Enclosures
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 3 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 3 of 71
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Exhibit 1
Copyright Registration No. VA 1-978-314
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 4 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 4 of 71
Certificats of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The infermatien on this certificate has
been made a part of the Copyright Office records.
Neue. A. tht
Registration Number
VA 1-978-314
Effective Date of Registration;
November 10, 2015
‘United States Register of Copyrights and Director
Title
Title of Work:
Content Title:
Completion/Publication
Year of Completion:
Date of 1st Publication:
Nation of 1** Publication:
Author
www.ezpziin.com
Volume: websile
Date on Copies: September 2014
All pictures of Brody (Son of Founder's Brad and Lindsey Laurain)
All pictures of Chase (Son of Founder's Brad and Lindsey Laurain)
All pictures of Drew (Son of Founder's Brad and Lindsey Laurain)
All pictures of Lindsey (Mom and Owner of ezpz and www.ezpzfun.com)
All pictures of Brad (Father and Owner of www.ezpzfun.com)
All pictures and videos of ezpz products including Happy Mat, Happy Bowl,
Snack Mat, Travel Mat etc.)
All recored Videos on www-.ezpzfun.com including; Kickstarter Vidco,
Meredith Vieira, and all other content highlighting ezpz produets located on
www.ezpzfun.com.
September 01, 2014
United States
® Author:
Pseudonym:
Author Created:
Work made for hire:
Citlzen of;
Domiciled in:
Pseudonymous:
Copyright Claimant
Eazy-pz, llc.
ezpz
photograph, 2-D artwork, Videos
Yes
United States
United States
Yes
Copyright Claimant:
Eazy-pz, Ile.
L7011 Lincoln Ave, #434, Parker, CO, 80134
Page 1 of 2Page 5 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 5 of 71
Rights and Permissions
Organization Name: Eazy-pz
Email: info@ezpzfun.com
Telephone: (720)357-2979
Address: 17011 Lincoln Ave
#434
Parker, CO 80134 United States
Certification
Name: Bradley Laurain
Date: March 18, 2015
Correspondence: Yes
Page 2 of 2
INC
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WIIPage 6 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 6 of 71
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Cora. WAAL. WLE bum.
Exhibit 2
DMCA Notifications and
Confirmation Receipts
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 7 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 7 of 71
@
Zac Garthe
Legal
Zac@ezpzfun.com
April 11, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
€Zpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowt™, and Play Mat™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https: //www.facebook.com/ezpzfun
https://twitter.com/ezpzfun
https://www.pinterest.com/ezpzfun/
https: //www.instagram.com/ezpzfun/
https://www.youtube.com/channel/UCyrHrN-7yp6AtkcO1JxwO-w |
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://accessoiresbebe.com
e https://accessoiresbebe.com/products/assiette-immobile
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 8 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 8 of 71
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Declarations
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 9 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 9 of 71
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Cora MALL. Wid fam.
Zac Garthe
Legal
Zac@ezpzfun.com
May 2, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
€zpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowl™, and Play Mat'™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https://www.facebook.com/ezpzfun
https: //twitter.com/ezpzfun
https://www.pinterest.com/ezpzfun/
https: //www.instagram.com/ezpzfun/
https://www.youtube.com/channel/UCyrHrN-7yp6AtkcO1JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://favworld.com/products/cool-mat-all-in-one-placemat-for-
kids?utm_source=fb-ads&utm_campaign=cool-mat-
placemat&utm_medium=ocpm
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof. See Exhibit 1.
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 10 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 10 of 71
ee
Declarations
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 11 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 11 of 71
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bors MAA. WML, bum.
Zac Garthe
Legal
Zac@ezpzfun.com
April 13, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
€Zpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowl™, and Play Mat'™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https: //www.facebook.com/ezpzfun
https://twitter.com/ezpzfun
https://www.pinterest.com/ezpzfun/
https://www.instagram.com/ezpzfun/
https: //www.youtube.com/channel/UCyrHrN-7yp6AtkcO1 JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://www.jeyve.com/products/ezpz
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Declarations
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 12 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 12 of 71
ee
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 13 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 13 of 71
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Cera mMeRAd. mow fun.
Zac Garthe
Legal
Zac@ezpzfun.com
April 10, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
eZpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowl™, and Play Mat™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https: //www.facebook.com/ezpzfun
https://twitter.com/ezpzfun
https://www. pinterest.com/ezpzfun/
https://www.instagram.com/ezpzfun/
https://www.youtube.com/channel/UCyrHrN-7yp6AtkcO1JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://www.letyboutique.com/collections/ all
e https://www.letyboutique.com/products/happy-mats
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 14 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 14 of 71
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Cons mens. more pum
Declarations
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 15 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 15 of 71
Zac Garthe
Legal
zZac@ezpzfun.com
March 29, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
e€zpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowl™, and Play Mat™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https://www.facebook.com/ezpzfun
https://twitter.com/ezpzfun
https: //www.pinterest.com/ezpzfun/
https://www.instagram.com/ezpzfun/
https://www.youtube.com/channel/UCyrHrN-7yp6AtkcO1 JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
_@ https: //silk-rays.com/collections/kids/products/the-merrymat
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Declarations
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 16 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 16 of 71
e@
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zp Llactie-
Zac Garthe
General Counsel
Eazy-PZ, LLC
Lincoln Ave. #434
Parker, CO 80134
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 17 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 17 of 71
@e
boas MRA WMD bum.
Zac Garthe
Legal
zac@ezpzfun.com
May 2, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
ezpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowl"™, and Play Mat'™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https: //www.facebook.com/ezpzfun
https: //twitter.com/ezpzfun
https: //www.pinterest.com/ezpzfun/
https: //www.instagram.com/ezpzfun/
https: //www.youtube.com/channel/UCyrHrN-7yp6AtkcO1JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://thecutties.com/products/le-big-smile-family-antiderapant
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Declarations
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 18 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 18 of 71
e@
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 19 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 19 of 71
@
Zac Garthe
Legal
Zac@ezpzfun.com
May 4, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
€zpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy ~
Mat®, Mini Mat™, Happy Bowl™, and Play Mat'™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https://www.facebook.com/ezpzfun
https://twitter.com/ezpzfun
https: //www.pinterest.com/ezpzfun/
https: //www.instagram.com/ezpzfun/
https://www.youtube.com/channel/UCyrHrN-7yp6AtkcO1 JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://thefourspades.com/collections/home-accessories/products/new-
happy-mat-by-the-four-spades
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 20 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 20 of 71
e@
Declarations
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 21 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 21 of 71
by LK vale
Re: DMCA Takedown Notice - babiesgarden.com
Mike Tue, Jun 13, 2017 at 8:13 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
Jun 13, 10:13 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Your ticket ID is 6094023.
On Jun 06 00:19 EDT, Zac Garthe wrote:
| PDF Infringement Notice
LYM /ZRB-K6A FI]
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kukm...caicd5701af 5ca&q=dmca&qs=true&search=query&siml=15ca1cd5701afSca Page 1071Page 22 ezpz Mail - [Shopity] Update ARE DeMaGdNGnGOdOMsakepzpocument 1 Filed 08/04/17 Page 22 of 71 8/2/17, 3:52 PM
by Lan ugh
Lindsey Laurain Mon, Jan 23, 2017 at 8:01 PM
Reply-To: abuse+id5002558@shopify.zendesk.com
Cc: "Garthe, Zac" , Zac Garthe
You are registered as a CC on the Support Ticket 5002558.
Reply to this email to add a comment to the request.
Lindsey Laurain
Jan 23, 22:01 EST
This is a follow-up to your previous request #4873065 "DMCA Takedown Notice | youw..."
Shopify Team-
| am writing to inform you of another COPY website. The same company who you previously did a
DCMA on (see details below/attached) is now operating under a new name/site
NEW SITE- https://totsandtoys.myshopify.com/products/happy-bowl-one-piece-silicone-placemat-bowl-lime?
variant=36301232455
Taken Down- https:/www.babydiscountsshop.com/products/38=25=4cm=happy=mat=one=piece=silicone=
placemat=plate=all=in=one=placemat=for=kids=suctions =to=surface=non=slip=dimat=bpa=
free?variant=3 5620133514&&
They are luring in people on facebook using our videos to buy fake ezpz mats.
Attached is the official DCMA signed.
Please respond ASAP.
Thanks,
Lindsey
Founder
https://mail.google.com/mail/u/0/?2ui=2&ik=9877cO75c6&jsver=1Kukm...ce6claff4e3e8&q=dmca&qs=true&search=query&siml=159ce
Page 10f 4Page 23 ezpz Mail - [Shopify] Update PABS cama aay BO QRAak2z, Document 1 Filed 08/04/17 Page 23 of 71 8/2/17, 3:52 PM
ezpzfun.com (http://ezpzfun.com/) Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook (http://facebook.com/ezpzfun) , Twitter (http://twitter.com/ezpzfun) ,
Instagram (http://instagram.com/ezpzfun) , Pinterest (http://www.pinterest.com/ezpzfun/) and Youtube
(https://www. youtube.com/channel/UCyrHrN-7yp6AtkcO 1 JxwO-w) !
---------- Forwarded message ----------
From: Lindsey Laurain
Date: Fri, Jan 6, 2017 at 2:16 AM
Subject: DCMA Baby Discount (from ezpz)
To: abuse@shopify.com
Cc: "Garthe, Zac"
Hello attached is our signed DCMA request. We were told to follow this procedure for take down
websites using our intellectual property to sell counterfeit goods —https://www.shopify.ca/legal/dmca
| have copied in Zac, ezpz’s legal, counsel should you have any other questions. | will be submitting other DCMAs immediately following this. Can Shopify scan for possible other storefront selling
these mats?
DCMA:
My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC. | am also
the inventor of the ezpz Happy Mat, the original all-in-one placemat + plate that self-seals to the
surface. We also sell numerous other ezpz offerings (e.g., the Happy Bowl and Mini Mat), which can
be found here: https:/Awww.ezpzfun.com/all/. ezpz has had tremendous success and recently had a
few videos go viral (links below) which we believe has spurred counterfeit sites. Today we are
submitting a formal DCMA takedown on the below Shopify site:
https://www.babydiscountsshop.com/products/38-25-4cm-happy-mat-one-piece-silicone-placemat-plate-all-in-
one-placemat-for-kids-suctions-to-surface-non-slip-dimat-bpa-free?variant=356201 33514
Baby Discount is deliberately luring consumers through the use of our copyrighted videos /images
and they are selling counterfeit / inauthentic goods via their Shopify Site. (Shopify consumers
believe they are buying ezpz Happy Mats).
https://www.facebook.com/1007967475981648/videos/1034784746633254/
eazy PZ LLC (DBA ezpz) Intellectual Property Summary:
https://mail.google.com/mail/u/O/?ui=2&ik=9877c075c6&jsver=1Kukm...ce6claff4e3e8 &q=dmca&qs=true&search=query&siml=159ce6claff4e3e8 Page 20f 4Page 24 ezpz Mail - [Shopity] Updat&-rAaeoemh Ga SrBQLONs@SKpzDOcument 1 Filed 08/04/17 Page 24 of 71 8/2/17, 3:52 PM
https://www.ezpzfun.com/patent
- Utility Patent (self-seal functionality) # 9,462,903
- Design Patent # US D745,327
- Copyright # VA 1-978-314
- Trademark Serial # 86756133
- Original Video: https:/Avww.kickstarter.com/projects/632139179/less-mess-happy-mat
- Viral Videos: https://www.facebook.com/Droold/videos/1444046705626582/, https://www.facebook.com/
Smartly2/videos432034940517476/, https://www.facebook.com/1154128124621017/videos/ 7988294/
Here are the Intellectual Property violations:
. The website uses the phrase Happy Mat, which is our trademarked product name (deliberately
confusable with the ezpz Happy Mat).
. The listing uses copyrighted images of ezpz products, specifically the Happy Mat and our
children. All images except the mats that resemble a frog vs. a smile are copyrighted images that
we own (the frog is copycat product). You can reference our images on the www.ezpzfun.com
website, and | have attached a few images as well.
. Listing is uses of our copyrighted content; specifically they use the exact same ‘Product
Description’ as our website. Original text can be found here: https://www.ezpzfun.com/happy-mat-in-
blue/.
Outside of shutting down the website, is there a way we (or Shopify) can notify your consumers
about the product being inauthentic? At ezpz we follow the most stringent safety and quality
standards (our products are CPSC certified and FDA approved) and the counterfeit mats may bea
safety risk to your Shopify customers.
Your prompt attention to this matter is greatly appreciated. My statements are below and | can
answer any additional questions. Thank you!
| have a good faith belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law
| swear, under penalty of perjury, that the information in the notification is accurate, and that | am
the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is
https://mail.google.com/mail/u/0/?ui=2&ik=987 7c07 5c6&jsver=1Kukm...ce6claff4e3e8&q=dmca&qs=true&search=query&siml=159ce6claff4e3e8 Page 3o0f 4Page 25 ezpz Mail - [Shopify] Update PAP Sora ady) WisQOrt OQmaky) Document 1 Filed 08/04/17 Page 25 of 71 8/2/17, 3:52 PM
allegedly infringed.
Lindsey Laurain
Founder ezpz
-758-9913 Lincoln Ave #434
Parker, CO 80134
Founder
ezpzfun.com (http://ezpzfun.com/) Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook (http://facebook.com/ezpzfun) , Twitter (http://twitter.com/ezpzfun) ,
Instagram (http://instagram.com/ezpzfun) , Pinterest (http:/;www.pinterest.com/ezpzfun/) and Youtube
(https:/Awww.youtube.com/channel/UCyrHrN-7yp6AtkcO1JxwO-w) !
Attachment(s)
ezpz trademark.jpg
shopifyDC MAbabydiscount. pdf
US Copyright. pdf
US Happy Mat Trademark. pdf
shopifytotsandtoys. pdf
Your ticket ID is 5002558.
INZQOLZ-YVOM]
https://mail.google.com/mail/u/0/?ui=2 &ik=987 7c07 5c6&jsver=1Kukm...ce6claff4e3e8 &q=dmca&qs=true&search=query&siml=159ce6claff4e3e8 Page 4 of 4Page 26 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 26 of 71
Gmail
lyf i vial -
Re: DMCA Takedown Notice | bazar-store-plus.com
William (Legal) Tue, Jul 25, 2017 at 9:16 AM
Reply-To: Legal
To: Zac Garthe
William (Shopify Legal Operations)
Jul 25, 11:16 EDT
Hello Zac,
Will here from Shopify.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately business day.
Have a wonderful day,
William
Your ticket ID is 6425854.
On Jul 07 23:51 EDT, Zac Garthe wrote:
| PDF Infringement Notice
https://mail.google.com/mail/u/0/2ui=2&ik=9877c07 5c6&jsver=1Kuk...7a521403a5267&q=dmca&qs=true&search=query&siml=15d7a521403a5267 Page 1 of 1Page 27 ezpz Mail - FW: DMCA Takedo@toeky chaGaeQdi00-SK Document1 Filed 08/04/17 Page 27 of 71 8/2/17, 3:46 PM
FW: DMCA Takedown Notice fb cool gadgets
Garthe, Zac Wed, Jan 18, 2017 at 5:33 PM
To: "zac@ezpzfun.com"
Zachary C. Garthe | Chipman Glasser, LLC S. Colorado Boulevard | Tower One | Suite 7500
Denver, Colorado 80222
Tel: 303.578.5787 | Fax: 303.578.5790
Admitted in Colorado and the District of Columbia
From: Lindsey Laurain [mailto:lindsey@ezpzfun.com]
Sent: Tuesday, January 10, 2017 1:04 AM
To: support@shopify.com; Garthe, Zac
Subject: Re: DMCA Takedown Notice fb cool gadgets
Sasha-
| don't believe | have received an update on FB Cool Gadgets.
| started the process a while ago with them and it is still up.
Also, if Shopify thinks just removing an image of my son from their page & changing a few words will suffice, then
we have an issue. These products violate our Utility patent. They have fake reviews with ezpz mats (bottom left, |
am Lindsey L??).
We still have yet to hear back if there is a way to scan internally for our product, can we get a list of the folks who
have received these counterfeit mats......
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kukm...dmca%20fbcoolgadgets&qs=true&search=query&siml=159b4 2345feOf61e Page 1 of 7Page 28 ezpz Mail - FW: DMCA Taked&AS@ias 4 Cod GrBOLOO-SK Document1 Filed 08/04/17 Page 28 of 71 8/2/17, 3:46 PM
In fact, how do we get this all escalated? Thousands of fraudulent product are/have been sold to Shopify
customers. For their safety, they should be notified.
THANKS!
Founder
ezpzfun.com Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
On Jan 01 12:29 EDT, Lindsey Laurain wrote:
Hello. My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC.
| have copied in Zac, ezpz's legal, counsel should you have any other questions.
This is the FOURTH DMCA | have submitted in the last 2 days. Is there a way Shopify can help us internally to
start to scan for these sites. Consumers are being sold counterfeit goods that most likely have not passed safety
testing.
On Jan 01 10:47 EDT, Lindsey Laurain wrote:
Thank you! Can you escalate this?
| submitted 3 sites, just checked this one and it is still up. https://focoolgadgets.com/products/cool-mat-all-
in-one-placemat-for-kids and they SELLING product.
The FB video is going viral https://Awww.facebook.com/236917633399106/videos/245025062588363/.
Waiting on Facebook as well.
Taking off to LA!
Lindsey
|
| | On Friday, January 6, 2017, Annette Lohan \ wrote:
https://mail.google.com/mail/u/O/?ui=2 &ik=9877c07 5c6&jsver=1Kukm...dmca%20fbcoolgadgets &qs=true&search=query&siml=159b423.45fe0f61e Page 2 of 7Page 29 ezpz Mail - FW: DMCA TakebaaSRotteltb edalgQ@kOO0-SK Document1 Filed 08/04/17 Page 29 of 71 8/2/17, 3:46 PM
I[](http://i375.photobucket.com/albums/o0200/Cara_Holland/ezpz-logo_zpskls8down.png)
Founder
ezpzfun.com
Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
| On Jan 01 04:33 EDT, Annette Lohan wrote:
| HiLindsey,
{| |
| Thanks for reaching out to us at Shopify. Annette here from the Guru team, | would be happy to help
you! :)
| am not surprised you are getting freaked out by this, | certainly would not want people placing
| photos of my son on their websites. We take these situations very seriously and | thank you for
bringing it to our attention.
| will pass on your signed copy of the DMCA to our legal
team, they will get in touch with you directly.
| | Our legal department deal swiftly with copyright infringement and they will best be able to advise you
| _ | on what can be done. Once they receive proper notification of claimed copyright infringement, their
_ | response includes removing or disabling access to material claimed to be the subject of infringing
| activity.
| If you have any further questions, please don't hesitate to get back in touch. | wish you a quick
| resolution to this and a happy and successful year ahead. :)
All the best,
| | Annette
| | Shopify Guru
[24/7 Support](https://support.shopify.com/)
On Jan 01 04:26 EDT, Lindsey Laurain wrote:
| | Hello. My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ
|} | | LLC.
| |
/ || | | | have copied in Zac, ezpz’s legal, counsel should you have any other questions.
| |
| Hello. My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ
| LLC. | am also the inventor of the ezpz Happy Mat, the original all-in-one placemat + plate that
| self-seals to the surface. We also sell numerous other ezpz offerings (e.g., the Happy Bowl and
| | | | Mini Mat), which can be found here: https://www.ezpzfun.com/all/. ezpz has had tremendous
} | | _ success and recently had a few videos go viral (links below) which we believe has spurred
_ | counterfeit sites. Today we are submitting a formal DCMA takedown on the below Shopify site:
https://fbcoolgadgets.com/products/cool-mat-all-in-one-placemat-for-kids.
FB Cool Gadgets is deliberately luring consumers through the use of our copyrighted
videos/images and they are selling counterfeit / inauthentic goods via their Shopify Site. (Shopify
consumers believe they are buying ezpz Happy Mats).
https://mail.google.com/mail/u/0/?ui=2&ik=9877c075c6&jsver=1Kukm...dmca%20fbcoolgadgets&qs=true&search=query&siml=159b4 2345fe0fG61e Page 3 of 7Page 30 ezpz Mail - FW: DMCA Taked@aq geri fb fopnaegO400-SK Document1 Filed 08/04/17 Page 30 of 71 8/2/17, 3:46 PM
“eazy PZ LLC (DBA ezpz) Intellectual Property Summary:**
https:/Awww.ezpzfun.com/patent
- Utility Patent (self-seal functionality) # 9,462,903
- Design Patent # US D745,327
- Copyright # VA 1-978-314
- Trademark Serial # 86756133
- Original Video: https:/Avww.kickstarter.com/projects/632139179/less-mess-happy-mat
- Viral Videos: https://www.facebook.com/Droold/videos/1444046705626582/,
https://www.facebook.com/Smartly2/videos43203494051 7476/,https://www.facebook.com//videos/1353788667988294/
**Here are the Intellectual Property violations: **
. The website uses the phrase Happy Mat, which is our trademarked product name (deliberately
confusable with the ezpz Happy Mat).
. The listing uses copyrighted images of ezpz products, specifically the Happy Mat and our
children. All images except the mats that resemble a frog vs. a smile are copyrighted images that
we own (the frog is copycat product). You can reference our images on the www.ezpzfun.com
website,and | have attached a few images as well.
. They are retargeting Customers with our copyrighted images (attached).
Outside of shutting down the website, is there a way we (or Shopify) can notify your consumers
about the product being inauthentic? At ezpz we follow the most stringent safety and quality
standards (our products are CPSC certified and FDA approved) and the counterfeit mats may be
a safety risk to your Shopify customers.
Your prompt attention to this matter is greatly appreciated. My statements are below and | can
answer any additional questions. Thank you!
_| have a good faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law_
_| swear, under penalty of perjury, that the information in the notification is accurate, and that | am
the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed._
Lindsey Laurain
Founder ezpz
-758-9913 Lincoln Ave #434
Parker, CO 80134
*electronic signature LL
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kukm...dmca%20fbcoolgadgets &qs=true&search=query&siml=159b4 23 45fe0f61e Page 4 of 7Page 31 ezpz Mail - FW: DMCA Take@aaG@oicd 6 -daaC3@iQhO0-SK Document1 Filed 08/04/17 Page 31 of 71 8/2/17, 3:46 PM
On Jan 01 04:24 EDT, Lindsey Laurain wrote:
Hello attached is our signed DCMA request. We were told to follow this procedure for take
down websites using our intellectual property to sell counterfeit goods -
https:/Awww.shopify.ca/legal/dmea
| have copied in Zac, ezpz’s legal, counsel should you have any other questions. | will be
submitting 2 other DCMAs immediately following this. Can Shopify scan for possible other
storefront selling these mats?
DCMA:
My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC. |
am also the inventor of the ezpz Happy Mat, the original all-in-one placemat + plate that self-
seals to the surface. We also sell numerous other ezpz offerings (e.g., the Happy Bowl and
Mini Mat), which can be found here: https://www.ezpzfun.com/all/. ezpz has had tremendous
success and recently had a few videos go viral (links below) which we believe has spurred
counterfeit sites. Today we are submitting a formal DCMA takedown on the below Shopify site:
https://www.babydiscountsshop.com/products/38-25-4cm-happy-mat-one-piece-silicone-
placemat-plate-all-in-one-placemat-for-kids-suctions-to-surface-non-slip-dimat-bpa-free?
variant=35620133514
Baby Discount is deliberately luring consumers through the use of our copyrighted
videos/images and they are selling counterfeit / inauthentic goods via their Shopify Site.
(Shopify consumers believe they are buying ezpz Happy Mats).
https://www.facebook.com/1007967475981648/videos/1034784746633254/
“eazy PZ LLC (DBA ezpz) Intellectual Property Summary:**** **
https ://www.ezpzfun.com/patent
: Utility Patent (self-seal functionality) # 9,462,903
‘ Design Patent # US D745,327
‘ Copyright # VA 1-978-314
- Trademark Serial # 86756133
- Original Video: https://www.kickstarter.com/projects/632 139179/less-mess-happy-mat
- Viral Videos: https://www.facebook.com/Droold/videos/1444046705626582/,
https://www.facebook.com/Smartly2/videos432034940517476/,https://www.facebook.com/ 7/videos/1353788667988294/
**Here are the Intellectual Property violations: **
. The website uses the phrase Happy Mat, which is our trademarked product name
(deliberately confusable with the ezpz Happy Mat).
. The listing uses copyrighted images of ezpz products, specifically the Happy Mat and our
children. All images except the mats that resemble a frog vs. a smile are copyrighted images
that we own (the frog is copycat product). You can reference our images on the
www.ezpzfun.com website,and | have attached a few images as well.
. Listing is uses of our copyrighted content; specifically they use the exact same ‘Product
Description’ as our website. Original text can be found here:https:/Awww.ezpzfun.com/happy-
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kukm...dmca%20fbcoolgadgets &qs=true&search=query&siml=159b42345fe0fG61e Page 5 of 7Page 32 ezpz Mail - FW: DMCA Taked&xaS@ice: tb £o6NGxBOLO0-SK Document1 Filed 08/04/17 Page 32 of 71 8/2/17, 3:46 PM
mat-in-blue/.
Outside of shutting down the website, is there a way we (or Shopify) can notify your
consumers about the product being inauthentic? At ezpz we follow the most stringent safety
and quality standards (our products are CPSC certified and FDA approved) and the counterfeit
mats may be a safety risk to your Shopify customers.
Your prompt attention to this matter is greatly appreciated. My statements are below and | can
answer any additional questions. Thank you!
_| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law_
_| swear, under penalty of perjury, that the information in the notification is accurate, and that |
am the copyright owner or am authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed._
Lindsey Laurain
Founder ezpz
-758-9913
Lincoln Ave #434
Parker, CO 80134
On Jan 01 16:07 EDT, Lindsey Laurain wrote:
This is a follow-up to your previous request #4833571 "Fake Site"
Yang-
Thanks for the reply. | will submit the formal take down process now but we have a serious
problem and it is happening daily.
Scammers are using OUR videos (me, my kids, our invention that is patented, copyright
protected) and post on facebook https:/Awww.facebook.com/1007967475981648/videos// with our video. They comment with links to their SHOPIFY site that
shows OUR IMAGES and product. Saying ezpz, Happy Mat (both Trademarked attached).
While on your Shopify site you https:/Avww.babydiscountsshop.com/products/38-25-4cm-
happy-mat-one-piece-silicone-placemat-plate-all-in-one-placemat-for-kids-suctions-to-
surface-non-slip-dimat-bpa-free?variant=35620133514 they intertwine pictures of an ugly
frog looking mat (copy) plus use our images (mats with ezpz in corner, my kids, originals
attached).
Things keep popping up saying someone just bought a mat. Those images say Happy Mat
and have our copyright images/products on them. They are also retargeting people with the
attached ads (again our product, my son).
Along with shutting down the site, | also feel like we should get these CONSUMERS
information to tell them they have been sold a fake product from China? All of these
| SHOPIFY consumers are getting mats that they think are ezpz Happy Mats
| www.ezpzfun.com but instead will be sent fake product. These should be our customers.
We are not only losing sales we are losing the ability to retarget these folks.
Can you help? Who should | connect with this? Freaking out a bit and | feel like it is only
https://mail.google.com/mail/u/O/?ui=2 &ik=9877c07 5c6&jsver=1Kukm...dmca%20 fbcoolgadgets &qs=true&search=query&siml=159b423 45fe0f61e Page 6 of 7Page 33 ezpz Mail - FW: DMCA Takeo Greek cbaGe8Q00-SK Document1 Filed 08/04/17 Page 33 of 71 8/2/17, 3:46 PM
going to get worse.
Here is another shopify site- https://fbcoolgadgets.com/products/cool-mat-all-in-one-
placemat-for-kids. My son is pictured (orignal attached) and so is adleigh (pic attached).
ORIGINAL EZPZ Viral Videos (more are in the works)
Drooled: https://www.facebook.com/Droold/videos/1 444046 705626582/
Smartly: https://www.facebook.com/Smartly2/videos4 320349405174 76/
OMG: https:/Awww.facebook.com/115412812462101 7/videos/1353788667988294/
Thanks!!!
Lindsey
i
Founder
ezpzfun.com (http://ezpzfun.com/)
Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook (http://facebook.com/ezpzfun) , Twitter
(http://twitter.com/ezpzfun) , Instagram (http://instagram.com/ezpzfun) , Pinterest
(http://www.pinterest.com/ezpzfun/) and Youtube (https://www.youtube.com/
channel/UCyrHrN-7yp6AtkcO1 JxwO-w) !
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http:/Awww.symanteccloud.com
— 73K
shopifyDCMAFBGadgets.pdf
https://mail.google.com/mail/u/O/?ui=2&ik=987 7c075c6&jsver=1Kukm...dmca%20fbcoolgadgets&qs=true&search=query&siml=1 59b42345fe0f6le Page 7 of 7Page 34 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 34 of 71
Re: DMCA Takedown Notice - flunna.com
Mike Mon, Jul 10, 2017 at 10:10 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
Jul 10, 12:10 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Shopify Legal Operations
Your ticket ID is 6290627.
On Jul 07 18:44 EDT, Zac Garthe wrote:
| PDF Infringement Notice
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...2d443d31a9106&q=dmca&qs=true&search=query&siml=15d2d443d31a9106 Page 1of1Page 35 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 35 of 71
Gm ail
bey La vgle
Re: DMCA Takedown Notice - gear2youstore.com
Mike Mon, Jun 26, 2017 at 9:44 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
Jun 26, 11:43 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Your ticket ID is 6190940.
On Jun 06 11:00 EDT, Zac Garthe wrote:
| PDF Infringement Notice
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kukm...e51 2eb57cc181&q=dmca&qs=true&search=query&siml=15ce512eb57cc181 Page 1 of 1Page 36 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 36 of 71
Fr e
Mal
bey CK vale
Re: DMCA Takedown Notice - happysatchels.com
Mon, Jun 5, 2017 at 7:37 AM
Alex
Reply-To: support@shopify.com
To: Zac Garthe
Alex (Shopify)
Jun 5, 09:36 EDT
Hi Zac,
Alex from Shopify here.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately business day.
If you need any further assistance, please do not hesitate to contact me.
Thank you,
Alex
Your ticket ID is 6028105.
On Jun 06 09:10 EDT, Zac Garthe wrote:
| PDF Infringement Notice
)7ZP2-PWEX]
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kukm...78791a3aafGde&q=dmca&qs=true&search=query&siml=15c787 91a3aafGde Page 1 of 1Page 37 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 37 of 71
by Coole
Re: DMCA Takedown Notice - hellobabystar.com
Mike Mon, May 29, 2017 at 7:20 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
May 29, 09:20 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Your ticket ID is 5973812.
On May 05 16:16 EDT, Zac Garthe wrote:
| PDF Infringement Notice
[RK94X5-V65P]
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...545de0ece6a30&q=dmca&qs=true&search=query&siml=15c54 5dedece6a30 Page 10f1Page 38 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 38 of 71
.
by Goal
Re: DMCA Takedown Notice - hgsproducts.com
Mike Wed, May 31, 2017 at 9:57 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
May 31, 11:57 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Your ticket ID is 5995255.
On May 05 11:48 EDT, Zac Garthe wrote:
| PDF Infringement Notice
mrvpDRm)
y-U YR]
https: //mail.google.com/mail/u/O/?ui=2&ik=9877c075c6&jsver=1Kukm...5f39b521bfS5cc&q=dmca&qs=true&search=query&siml=15c5f39b521
Page 1 of 1Page 39 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 39 of 71
e
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by 7X ngle
Re: DMCA Takedown Notice - myinteresthings.com
Mike Tue, May 9, 2017 at 11:29 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
May 9, 13:29 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Your ticket ID is 5825658.
On May 05 12:31 EDT, Zac Garthe wrote:
| PDF Infringement Notice
[PEOGKO-45LM]
https: //mail.google.com/mail/u/0/?ui=2&ik=9877c07 5cG&jsver=1Kukm...ee425ae57c9fc&q=dmca&qs=true&search=query&siml=15bee4 25ae57c9fc Page 1of1Page 40 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 40 of 71
Gmail
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DCMA Shopify Site- One Ship
Lindsey Laurain Sat, Mar 11, 2017 at 10:58 AM
To: Zac Garthe
for reference...
Founder
ezpzfun.com Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
---------- Forwarded message ----------
From:
Date: Sat, Mar 11, 2017 at 10:55 AM
Subject: Re: DCMA Shopify Site- One Ship
To: Lindsey Laurain
Thanks for your email! A Support Ticket has been created and is currently being reviewed by our staff.
For reference the ticket number 5364731 has been assigned. To add additional comments you can just reply to this
email.
Hello my name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC. | am also the
inventor of the ezpz Happy Mat, the original all-in-one suction placemat + plate. We also sell numerous other ezpz
offerings, including the Mini Mat which can be found here https://www.ezpzfun.com/all/. Today we are submitting a
formal DCMA Take Down on this shopify site:
https://oneshipstore.myshopify.com/products/anti-slip-placemat?variant=31 507655561
One Ship Store is deliberately luring consumers in using our images and selling them fake goods via their Shopify
Site. (shopify consumers believe they are buying ezpz MINI MATs).
“eazy PZ LLC (ezpz) Intellectual Property Summary:** **https://www.ezpzfun.com/patent**
- Utility Patent (self seal) # 9,462,903
- Hapy Mat Design Patent
‘ Copyright # VA 1-978-314
https: //mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&view=pt&search=inbox&msg=15abe 867 26830257&siml=15abe867 26830257 Page 1 of 2Page 41 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 41 of 71
- Trademark Serial # 86756133.
- www.ezpzfun.com (coyright)
- Original Video: https://www.kickstarter.com/projects/632 139179/less-mess-happy-mat
*“Here are the Intellectual Property violations: **
. The listing uses copyrighted images of ezpz products, specifically the Mini Mat and US + our underage children.
You can see these images on our website www.ezpzfun.com and on their shopify site.
. The listing is selling our Utility Patented and Design Patented products.
. The listing is using all of our Copyright Product Descriptions as their own. Our product copyright description can
be found here http://www.ezpzfun.com/mini-mats/,
Outside of this website being completely shut down, is there a way we (or Shopify) can do something else? These
people just keep taking down pictures and products and relisting or posting with fake pics. When will it stop? Is
there a x strike rule?
What is the best way to go about notifying these customers who are buying fake products?
Your prompt attention to this matter is greatly appreciated. My statements are below and can answer any additional
questions. Thank you!
| have a good faith belief that use of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law
| swear, under penalty of perjury, that the information in the notification is accurate, and that | am the copyright
owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Lindsey Laurain
Founder ezpz
-758-9913
Lincoln Ave #434
Parker, CO 80134
/11/17
I[(http://i375.photobucket.com/albums/o0200/Cara_Holland/ezpz-logo_zpskls8down.png)
Founder
ezpzfun.com
Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
[NZQK63-D8L2]
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&view=pt&s earch=inbox&msg=15abe86726830257&siml=15abe86726830257 Page 2 of 2Page 42 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 42 of 71
bry (4K rgle
Re: DMCA Takedown Notice - storeecho.com
Alex Tue, May 16, 2017 at 7:19 AM
Reply-To: support@shopify.com
To: Zac Garthe
Alex (Shopify)
May 16, 09:19 EDT
Hi Zac,
Alex from Shopify here.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately business day.
If you need any further assistance, please do not hesitate to contact me.
Thank you,
Alex
Your ticket ID is 5873074.
On May 05 17:13 EDT, Zac Garthe wrote:
| PDF Infringement Notice
[OGP7V9-77M5]
https://mail.google.com/mail/u/0/?ui=2&ik=9877c075c6&jsver=1Kukm...116a119657143&q=dmca&qs=true&search=query&siml=1 5c116a119657143 Page 1 of 1Page 43 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 43 of 71
(- .
bey wile
Re: DMCA Takedown Notice - the-baby-first.com
Alex Mon, May 15, 2017 at 9:18 AM
Reply-To: support@shopify.com
To: Zac Garthe
Alex (Shopify)
May 15, 11:18 EDT
Hi Zac,
Alex from Shopify here.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately business day.
If you need any further assistance, please do not hesitate to contact me.
Thank you,
Alex
Your ticket ID is 5868430.
On May 05 10:25 EDT, Zac Garthe wrote:
PDF Infringement Notice
https://mail.google.com/mail/u/0/?ui=2&ik=987 7cO75c6&jsver=1Kuk...0cb086f871307&q=dmca&as=true&search=query&siml=15c0cb086f871307 Page 10f 1Page 44 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 44 of 71
bey La 3 ale
Re: DMCA Takedown Notice - thedealsninja.com
Mike (Shopify Legal Operations ) Wed, Aug 2, 2017 at 7:10 AM
Reply-To: Shopify Legal Operations
To: Zac Garthe
Mike (Shopify Legal Operations)
Aug 2, 09:10 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Shopify Legal Operations
Your ticket ID is 6490124.
On Aug 08 16:14 EDT, Zac Garthe wrote:
| PDF Infringement Notice
https://mail.google.com/mail/u/0/2ui=2&ik=9877c075c6&jsver=1Kukm...da31210df758ff&q=dmca&qs=true&search=query&siml=15da3
Page 10f1Page 45 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 45 of 71
Re: DMCA Takedown Notice | timeforabargain.com
William (Legal) Tue, Jul 25, 2017 at 9:30 AM
Reply-To: Legal
To: Zac Garthe
William (Shopify Legal Operations)
Jul 25, 11:30 EDT
Hello Zac,
Will here from Shopify.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately business day.
Have a wonderful day,
William
Your ticket ID is 6422639.
On Jul 07 16:33 EDT, Zac Garthe wrote:
| PDF Infringement Notice
https://mail.google.com/mail/u/0/2ui=2&ik=9877c07 5c6&jsver=1Kukm...7a5ea8e2ac197&q=dmca&as=true&search=query&siml=15d7a5ea8e2ac197 Page 1 of 1Page 46 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 46 of 71
Gmail
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Sacha Tue, Jan 24, 2017 at 11:18 AM
Reply-To: abuse+id5002558@shopify.zendesk.com
Cc: "Garthe, Zac" , Zac Garthe
You are registered as a CC on the Support Ticket 5002558.
Reply to this email to add a comment to the request.
Sacha (Shopify)
Jan 24, 13:18 EST
Thank you Lindsey,
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately (one) business day.
As stated previously, in compliance with our privacy policy, we cannot provide you with merchant
details.
Thank you for your understanding,
Sacha
Your ticket ID is 5002558.
On January 24, Lindsey Laurain wrote:
Sorry for the confusion BUT we think toys and tots are the same folks that were also behind Baby
Discount. Are you able to provide us contact details for both Toys and Tots AND Baby Discount shopify
sites?
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...d1b351f35 2e6d&q=dmca&qs=true&search=query&siml=159d1b351f352e6d Page 1 of 2Page 47 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 47 of 71
Attached is the DCMA that only has toys/tots.
https://totsandtoys.myshopify.com/products/happy-bowl-one-piece-silicone-placemat-bowl-lime?
variant=36301232455
Thank you.
Lindsey
'[](http://i375. photobucket.com/albums/00200/Cara_Holland/ezpz-logo_zpskls8down.png)
Founder
ezpzfun.com
Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
Attachment(s)
shopifyDCMAToystots2. pdf
[NZQOL2-YVOM]
https://mail.google.com/mail/u/0/?ui=2&ik=98 7 7c07 5c6&jsver=1Kuk...d1b351f352e6d&q=dmca&qs=true&search=query&siml=159d1b351f352e6d Page 2 of 2Page 48 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 48 of 71
(G |
toe CC wah Ne
DCMA Shopify
Lindsey Laurain Sat, Mar 11, 2017 at 10:42 AM
To: abuse@shopify.com, Zac Garthe
Hello my name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC. |
am also the inventor of the ezpz Happy Mat, the original all-in-one suction placemat + plate. We also
sell numerous other ezpz offerings, which can be found here https://www.ezpzfun.com/all/. Today we
are submitting a formal DCMA Take Down on this shopify site:
https://unmatchedmarket.com/products/impossible-spill?variant=31191877313
Unmatched Market is deliberately luring consumers in using our images and selling them fake goods
via their Shopify Site. (shopify consumers believe they are buying ezpz happy mats).
eazy PZ LLC (ezpz) Intellectual Property Summary: https://www.ezpzfun.com/patent
Utility Patent (self seal) # 9,462,903
Hapy Mat Design Patent
Copyright # VA 1-978-314
Trademark Serial # 86756133.
www.ezpzfun.com (coyright)
Original Video:
https://www.kickstarter.com/projects/632139179/less-mess-happy-mat
COPYRIGHT Violation (pictured is our underage child, our Happy Mat that has both a Design and
Utility Patent
Here are the Intellectual Property violations:
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&view=pt&search=inbox&msg=15abe7 7afla6b5ea&siml=15abe77afla6bSea Page 1 of 3Page 49 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 49 of 71
. The listing uses copyrighted images of ezpz products, specifically the Happy Mat (twice)
and our underage children. You can see these images on our website www.ezpzfun.com and
on their shopify site.
. The listing is selling our Utility Patented and Design Patented products. You can see from
the “reviews” the mats pictured are different then the Mats they are advertising.
Outside of this website being completely shut down, is there a way we (or Shopify) can do something
else? These people just keep taking down pictures and products and relisting or posting with fake
pics. When will it stop? Is there a x strike rule?
What is the best way to go about notifying these customers who are buying fake products?
Your prompt attention to this matter is greatly appreciated. My statements are below and can answer
any additional questions. Thank you!
| have a good faith belief that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law
| swear, under penalty of perjury, that the information in the notification is accurate, and that | am the
copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Lindsey Laurain
Founder ezpz
-758-9913 Lincoln Ave #434
Parker, CO 80134
/11/17
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&view= pt &search=inbox&msg=15abe7 7afla6b5ea&siml=15abe77afla6Gb5ea Page 2 of 3Page 50 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 50 of 71
Founder
ezpzfun.com Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
#2} ShopifyOCMAUNMATCHEDMARKET.pdf
544K
https: //mail.google.com/mail/u/O/?ui=2&ik=987 7c07 5c6&view=pt&search=inbox&msg=15abe7 7afla6bSea&siml=15abe7 7aflaGb5ea Page 3 of 3Page 51 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 51 of 71
G Mail
by Le wale
Alex Campbell Mon, Mar 20, 2017 at 8:53 AM
Reply-To: abuse+id5422884 @shopify.zendesk.com
Cc: Zac Garthe
You are registered as a CC on the Support Ticket 5422884.
Reply to this email to add a comment to the request.
Alex Campbell (Shopify)
Mar 20, 10:53 EDT
Hello Lindsey,
Alex here with Shopify,
Thanks for reaching out. | noticed that you mentioned patent, copyright and trademark
infringement. We would be happy to help out where we can but we do need to clarify which Notice
you are intending to send as they are handled differently.
If you have questions regarding our DMCA process, visit our page here; http://www.shopify.com/legal/
dmca
Alternatively, if you are citing trademark infringement please proceed with submitting a trademark
notice in the format found below. Should you wish to cite both, please submit each notice
separately. Once received, it will be passed along to our merchant.
Kind Regards,
Alex
Procedure for notifying Shopify of trademark infringement:
When providing notice, please provide the following information in the format as outlined below.
Notices will not be recognized unless all information is provided.
a) Your complete contact information (full name, mailing address, email address, and phone
number). Note that we may provide your contact information and/or the contents of your report to
the user that posted the content you are reporting.
https: //mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...ec356f6e661c4&q=dmca&qs=true&search=query&siml=15aec356f6e661c4 Page 1of 5Page 52 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 52 of 71
b) The specific trademark in which you claim rights (Your trademarked word, symbol, etc.).
c) The country or countries in which you claim trademark rights.
d) Your trademark registration number (if available).
e) The category of products and/or services for which you assert rights.
f) Information reasonably sufficient to permit us to locate the material on Shopify that you believe
violates your trademark rights. The easiest way to do this is by providing web addresses (URLs)
leading directly to the allegedly infringing content.
g) A description of how you believe this content infringes your trademark.
h) The following declarations:
i. | have a good faith belief that use of the trademark as described above, in the manner | have
complained of, is not authorized by the trademark owner, its agent, or the law;
ii. the information in the notice is accurate;
iii. | swear under penalty of perjury, that | am the owner or authorized to act on behalf of the owner
of the trademark rights described above.
iv. | acknowledge that a copy of this infringement notice, including any contact information
provided above, will be provided to the person that posted the content being reported.
i) Your electronic signature or physical signature.
Shopify
Shopify DMCA Notice and Takedown Procedure
Shopify is a powerful ecommerce platform that includes everything you need to create an online
store and sell online. Try it free for 14 days. (9KB)
Your ticket ID is 5422884.
On March 19, Lindsey Laurain wrote:
https://mail.google.com/mail/u/O/?ui=2 &ik=987 7c07 S5c6&jsver=1Kuk...ec356f6e661c4&q=dmca&qs=true&search=query&siml=15aec356f6e661c4 Page 2 of 5Page 53 https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...ec356f6e661c4&q=dmca&qs=true&search=query&siml=15aec356f6e661c4
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 53 of 71
Hello. My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC. | am
also the inventor of the ezpz Happy Mat, the original all-in-one placemat + plate that self-seals to the
surface. We also sell numerous other ezpz offerings (e.g., the Happy Bowl and Mini Mat), which can be
found here: https:/Awww.ezpzfun.com/all/. ezpz has had tremendous success and people are trying to
capitalize on our success. Today we are submitting a formal DCMA takedown on the below Shopify site:
https://we-luv-babies.myshopify.com/products/happy-face-no-mess-placemat
https://we-luv-babies.myshopify.com/products/one-piece-silicone-placemat-tray-plate-car-collapsible-cup-
cup-holder-green-for-baby-and-toddler ,
We Luv Babies is deliberately luring consumers through the use of our copyrighted videos/images and
they are selling counterfeit / inauthentic goods via their Shopify Site. (Shopify consumers believe they are
buying ezpz Happy Mats).
https://www.facebook.com/620308754828786/videos/622509044608757/
**eazy PZ LLC (DBA ezpz) Intellectual Property Summary:**
https://www.ezpzfun.com/patent
: Utility Patent (self-seal functionality) # 9,462,903
‘ Design Patent # US D745,327
- Copyright # VA 1-978-314
- Trademark Serial # 86756133
- Original Video: https://www.kickstarter.com/projects/632 139179/less-mess-happy-mat
“Here are the Intellectual Property violations: **
. The website uses the phrase Happy Mat, which is our trademarked product name (deliberately
confusable with the ezpz Happy Mat).
. The facebook listing uses copyrighted images of ezpz products, specifically the Happy Mat and our
children. All images except the mats that resemble a frog vs. a smile are copyrighted images that we own
(the frog is copycat product). You can reference our images on the www.ezpzfun.com website.
. Listing is uses of our copyrighted content; specifically they use the exact same ‘Product Description’ as
Page 3o0f 5Page 54 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 54 of 71
our website. Original text can be found here: https://www.ezpzfun.com/happy-mat-in-blue/.
Both products violate our Utility Patent AND we have a Design Face on the Car and Smile mat.
Outside of shutting down the website, is there a way we (or Shopify) can notify your consumers about the
product being inauthentic? At ezpz we follow the most stringent safety and quality standards (our products
are CPSC certified and FDA approved) and the counterfeit mats may be a safety risk to your Shopify
customers.
Your prompt attention to this matter is greatly appreciated. My statements are below and | can answer any
additional questions. Thank you!
_| have a good faith belief that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law_
_| swear, under penalty of perjury, that the information in the notification is accurate, and that | am the
copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed._
Lindsey Laurain
Founder ezpz
-758-9913 Lincoln Ave #434
Parker, CO 80134
[Inline image 2](https://shopify.zendesk.com/attachments/token/BBexf4acKNQ5r9DkZtSGxN5dwy/?
name=Screenshot+2017-03-19+11.03.19.png)  !
[Inline image 3](https://shopify.zendesk.com/attachments/token/FJobNX1b9uKRd2hs5VIFsSn6l/?
name=Screenshot+2017-03-19+11.04.11.png)
I[](http://i37 5. photobucket.com/albums/o0200/Cara_Holland/ezpz-logo_zpskls8down.png)
Founder
ezpzfun.com
Lincoln Ave. #434, Parker, CO 80134
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 Sc6&jsver=1Kuk...ec356f6e661c4 &q=dmca&qs=true&s earch=query&siml=15aec356f6e661c4 Page 4 of 5Page 55 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 55 of 71
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
Attachment(s)
Screenshot_2017-03-19_11.03.19.png
Screenshot_2017-03-19_11.03.57.png
Screenshot_2017-03-19_11.04.11.png
shopifyDCMAWELUVBABIES. pdf
https://mail.google.com/mail/u/0/2ui=2&ik=9877c075c6&sver=1Kuk...ec356f6e661c4 &q=dmca&qs=true&search=query&siml=15aec356f6e661c4 Page 50f5Page 56 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 56 of 71
Gmail
bey C4 vgle
Re: DMCA Takedown Notice - www.lootproducts.com
Alex Mon, May 29, 2017 at 11:18 AM
Reply-To: support@shopify.com
To: Zac Garthe
Alex (Shopify)
May 29, 13:18 EDT
Hi Zac,
Alex from Shopify here.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately business day.
If you need any further assistance, please do not hesitate to contact me.
Thank you,
Alex
Your ticket ID is 5978487.
On May 05 13:12 EDT, Zac Garthe wrote:
| PDF Infringement Notice
[ 7IC\ff?e \/pD1
sP7EW-OGVR]
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kuk...537346b09919&q=dmca&aqs=true&search=query&siml=15c5537346b09919 Page 1o0f1Page 57 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 57 of 71
o
Mal
bey (4h wale
Garthe, Zac Wed, Jan 18, 2017 at 5:32 PM
To: "zac@ezpzfun.com"
Zachary C. Garthe | Chipman Glasser, LLC S. Colorado Boulevard | Tower One | Suite 7500
Denver, Colorado 80222
Tel: 303.578.5787 | Fax: 303.578.5790
Admitted in Colorado and the District of Columbia
From: Sacha [mailto:support@shopify.com]
Sent: Tuesday, January 10, 2017 1:53 PM
Cc: Garthe, Zac
Subject: [Shopify] Update: DMCA Takedown Notice | youwantthis.shop
You are registered as a CC on the Support Ticket 4873065.
Reply to this email to add a comment to the request.
Sacha (Shopify)
Jan 10, 15:53 EST
Hi Lindsay,
This email is to inform you that the infringing content listed in the DMCA Takedown Notice for
youwantthis.shop has since been taken offline.
Best regards,
https: //mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...42198d9da637&q=dmca&qs=true&search=query&siml=159b42198d9da637
Page 1 of 3Page 58 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 58 of 71
Sacha
Your ticket ID is 4873065.
On January 10, Sacha wrote:
Hi Lindsay,
We have passed your DMCA Takedown Notices along to our respective merchants. Should you wish to cite
patent infringement we will require a separate notice as patents are handled differently. We are happy to pass
along complaints of patent infringement. Once this information is provided to our merchant, we will take no
further action in this matter, and we encourage the parties to resolve their issues outside of Shopify.
In regards to providing you with information on our merchants, under section 7.1(3) of the Canadian Personal
Information Protection and Electronic Documents Act (PIPEDA), clarifying Principle 4.3 of Schedule | of the
Act, Shopify may disclose personal information without the knowledge or consent of the individual concerned
only in certain circumstances. Subsection 7.1(3)(c) of PIPEDA allows such disclosure if Shopify is required to
comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to
compel the production of information, or to comply with rules of court relating to the production of records.
A foreign judgment can only be enforced in Canada through a court of jurisdiction, in other words, a Canadian
court. Court jurisdiction to compel is territorially defined.
Accordingly, we cannot comply with your request absent due process. We will, however, be happy to comply
with any properly issued court order that we receive.
Best,
Sacha
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http:/Awww.symanteccloud.com
https://mail.google.com/mail/u/0/?ui=2 &ik=9877c07 5c6&jsver=1Kuk...42198d9da637&q=dmca&qss=true&search=query&siml=159b42198d9da637 Page 2 of 3Page 59 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 59 of 71
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kuk...42198d9da637&q=dmca&qs=true&search=query&siml=159b42198d9da637 Page 3 of 3Page 60 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 60 of 71
oe
Cosa Weak. Wud bum.
Exhibit 3
Shopify’s DMCA Notice and Takedown
Procedure
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134Page 61 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 61 of 71
Gonail
bey od ngle
Re: DMCA Takedown Notice - thecutties.com
Mike Wed, May 3, 2017 at 9:22 AM
Reply-To: abuse+id5773785@shopify.zendesk.com
To: Zac Garthe
Mike (Shopify)
May 3, 11:22 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Going forward we ask you submit all DMCA Takedown Notices using Shopify's new DMCA
Notice and Takedown form. You can access the DMCA Notice and Takedown form here:
https://www.shopify.ca/legal/dmca
Regards,
Mike
Your ticket ID is 5773785.
On May 05 17:58 EDT, Zac Garthe wrote:
Hello,
Please see attached DMCA Takedown Notice.
Best regards,
[[(http://i375. photobucket.com/albums/o0200/Cara_Holland/ezpz-logo_zpskls8down.png)
“Zac Garthe**
ezpz Legal
Lincoln Ave. #434, Parker, CO 80134
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kuk...cee7c0e73d195&q=dmca&aqs=true&search=query&siml=15bcee7c0e73d195 Page 1 of 2Page 62 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 62 of 71
ezpzfun.com
Let's be friends on Facebook, Twitter, Instagram, Pinterest and YouTube!
[ZQM7P8-4VVM]
https://mail.google.com/mail/u/0/?ui=2&ik=9877c075c6&jsver=1Kuk...cee7c0e73d195&q=dmca&qs=true&search=query&siml=15bcee7
Page 2 of 2Page 63 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 63 of 71
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Shopify DMCA Notice and Takedown Procedure
Shopify supports the protection of intellectual property and asks their users to do the same. It is our policy to
expeditiously respond to clear notices of alleged copyright infringement that comply with the United States
Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office
website, https://www.copyright.gov.
It is expected that all users of any part of Shopify will comply with applicable copyright laws. If, however,
we receive proper notification of claimed copyright infringement, our response to such notices will include
removing or disabling access to material claimed to be the subject of infringing activity and/or terminating
the subscriber.
Please use the following form to report content on Shopify that you believe violates or infringes your
copyright. Should you wish not to use our online form, please provide all of the information requested below
in a written communication sent to our designated agent at the address below. In order to be effective, any
such notification must include a physical or electronic signature of a person authorized to act on behalf of the
owner of the exclusive copyright right that is allegedly infringed and must include a statement that the
information in the notification is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Please note that you
will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is
infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if
copyright laws protect the material, we suggest that you first contact a lawyer.
| Who owns the copyright?Page 67 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 67 of 71
Please select =
Copyright owner’s full name) Copyright owner's full nam
Your contact information
Please provide your contact information below. Note that your contact information may be
provided to the person that posted the content you are reporting.
First name First nam Last name |Last name Company (optional)
Mmpany (optional) Address Adares Telephone number Telephone number
Email | email
Identify your work
[If available, please provide direct link(s) to the original work (NOT to the content you are
reporting on Shopify). This can be a representative list. If not available, please ensure you provide
a detailed description of your work below.
Links to the original work
Link to original work Link to original wor! Link to original work Link to original wort Link to
original work Link to original wor Link to original work Link to original wor! Link to original
work Link to original work
|
|
Add another link Description of the original work'————— =
Please provide a description of the original work (e.g. photograph I took, product description or
blog post I wrote, video I made, etc.)
Content you want to report
Please note, you can only submit notices for one Shopify hosted store at a time. Up to 100 links for
the same store may be included in the same notice.
Links to the allegedly infringing work
Please provide link(s) to the content you believe violates or infringes your copyright on Shopify.
Ensure you have provided a comprehensive list to each individual page with the content you would
like removed and not just the main shop URL.
Link to allegedly infringing work Link to allegedly intringing | Link to allegedly infringing work
o allegedly infringing Link to allegedly infringing work |Link to allegecly infringing | Link to allegedly
infringing work |Link to allegedly infringing | Link to allegedly infringing work |Link to allegedly infringing
Add another link Description of the specific material (or portion thereof) that is claimed to be
infringing or be the subject of infringing activity and that is to be removed or access to which is toPage 68 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 68 of 71
be disabled: L a __ 44
-Declarations-
~T have a good faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law. —\I swear, under penalty of perjury, that the
information in the notification is accurate, and that | am the copyright owner or am authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed. |] acknowledge that a
copy of this infringement notice, including any contact information provided above, may be
provided to the person that posted the content being reported.
Electronic Signature
Typing your name in the box below will act as your electronic signature.
Requester signature Requester signature
Submit
Thank you for your submission.
If you’d prefer not to use our form, please mail the information outlined above to our Designated
Copyright Agent at:
Shopify Inc.
Attn: Shopify DMCA Agent Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
How to file a Counter-Notice
The provider of the allegedly infringing content may make a counter notification pursuant to sections(g)(2) and (3) of the US Copyright Act.
To file a counter notification with us, you must provide a written communication (by either responding
to the DMCA takedown notice email we sent you or through regular mail) that sets out the information
specified in the list 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 or
that the material or activity was removed or disabled by mistake or misidentification. Accordingly, if
you are not sure whether certain material infringes the copyrights of others or that the material or
activity was removed or disabled by mistake or misidentification, we suggest that you first contact a
lawyer.
To expedite our ability to process your request, please use the following format:
. Identification of the material that has been removed or to which access has been disabled and the
location at which the material appeared before it was removed or access to it was disabled;. Your name, address, and telephone number;
. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the
federal judicial district in which your address is located]";. The following statement: "I will accept service of process from [insert the name of the person who
woPage 69 Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 69 of 71
submitted the infringement notification] or his/her agent";
. The following statement: "I swear, under penalty of perjury, that | have a good faith belief that the
affected material was removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled"; and
. Sign the document with your physical or electronic signature; and
. Send the written communication to:
Shopify Inc.
Attn: Shopify DMCA Agent Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse @shopify.com
sO
Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, Shopify will, in appropriate circumstances,
disable and/or terminate the accounts of users who are repeat infringers.
Designated Agent
Joseph Frasca SVP & General Counsel, Shopify Inc. Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
Shopify is only able to process complaints submitted by the copyright owner or an authorized representative.
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Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 71 of 71
USA
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USAChange your country or region.
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 1 of 71
@' 4 FILED
Coxs. wih. wwustve lumaig ~4 204]
h
SUSAN Y. SONG Zac Garthe
CLERK, U.S. DISTRICT ¢ Legal
COURT
NORTHERN DISTRICT OF caLiFoRAG@ezZpzZfuN.com
August 3, 2017
VIA MAIL , CV 17 80 1 00MISC Sr
Clerk’s Office
United States District Court
150 Golden Gate Avenue, Box 36060
San Francisco, CA 94102-3489
Re: Application for DMCA Subpoena
Dear Sir or Madam:
Eazy-PZ, LLC (d/b/a “ezpz”) respectfully requests that the Clerk issue a subpoena
pursuant to 17 U.S.C. § 512(h) to Shopify, Inc., (“Shopify”) located at 33 New
Montgomery Street, Ste. 750, San Francisco, CA 94105.
By way of background, Section 512(h) of the Digital Millennium Copyright Act (“DMCA”)
states that a “copyright owner or a person authorized to act on the owner’s behalf may
request the clerk of any United States district court to issue a subpoena to a service
provider for identification of an alleged infringer in accordance with this subsection.”
17 U.S.C. § 512(h)(1). ezpz is the owner of Copyright Registration No. VA 1-978-314
which covers, among other things, images and videos of ezpz’s products featured on its
website (Wwww.ezpzfun.com). A true and correct copy of ezpz Certificate of Registration
is attached as Exhibit 1.
For a subpoena to be issued, Section 512(h) requires that the copyright owner file the
following with the Clerk:
1) A copy of a notification described in subsection (c)(3)(A);
2) A proposed subpoena; and
3) A sworn declaration to the effect that the purpose for which the subpoena is
sought is to obtain the identity of an alleged infringer and that such information
will only be used for the purpose of protecting rights under this title.
Attached as Exhibit 2 are true and correct copies of ezpz’s notifications provided to
Shopify pursuant to Section 512(c)(3)(A). These notifications include (i) letters and
emails sent to Shopify by myself or ezpz’s founder Lindsey Laurain, and (ii) emails from
Shopify confirming receipt of ezpz’s DMCA Takedown Notice form submissions. By way
of explanation, numerous of Shopify’s customers have made unauthorized copies of
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 3
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 2 of 71
Coas. WRAL. Wie.
AR lum.
ezpz’s copyrighted works and used them on websites built and hosted by Shopify. As
Shopify’s infringing customers’ websites were discovered, ezpz submitted DMCA
notifications to Shopify. At first, ezpz notified Shopify using letters or emails from
myself or Lindsey Laurain, but pursuant to a request from Shopify, later notifications
were submitted using Shopify’s automated “DMCA Takedown Notice and Takedown
Procedure” form found here: www.shopify.com/legal/DMCA. (True and correct copies
of Shopify’s request and its DMCA Takedown Notice and Takedown Procedure form are
attached as Exhibit 3). Because Shopify’s automated DMCA Takedown Notice form does
not provide a copy of the notification, the confirmation email receipts are the only
evidence available to ezpz to show that it has complied with Section 512(c)(3)(A).
Attached as Exhibit 4 is a proposed subpoena, and attached as Exhibit 5 is a sworn
declaration meeting the requirements of Section 512(h).
Pursuant to Section 512(h)(4), and because ezpz has complied with all requirements of
the DMCA statute, ezpz respectfully requests that the Clerk expeditiously issue and sign
the proposed subpoena, and return it to ezpz at the following address:
Eazy-PZ, LLC
Attn: Zac Garthe
17011 Lincoln Ave., #434
Parker, CO 80134
Thank you for your attention to this important matter. Please do not hesitate to contact
me if you have any questions or concerns.
Sincerely,
Upwe Lien
Zac Garthe
General Counsel
Enclosures
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 4
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 3 of 71
@-
fess mada. more fur
Exhibit 1
Copyright Registration No. VA 1-978-314
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 5
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 4 of 71
Certificats of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The infermatien on this certificate has
been made a part of the Copyright Office records.
Neue. A. tht
Registration Number
VA 1-978-314
Effective Date of Registration;
November 10, 2015
‘United States Register of Copyrights and Director
Title
Title of Work:
Content Title:
Completion/Publication
Year of Completion:
Date of 1st Publication:
Nation of 1** Publication:
Author
www.ezpziin.com
Volume: websile
Date on Copies: September 2014
All pictures of Brody (Son of Founder's Brad and Lindsey Laurain)
All pictures of Chase (Son of Founder's Brad and Lindsey Laurain)
All pictures of Drew (Son of Founder's Brad and Lindsey Laurain)
All pictures of Lindsey (Mom and Owner of ezpz and www.ezpzfun.com)
All pictures of Brad (Father and Owner of www.ezpzfun.com)
All pictures and videos of ezpz products including Happy Mat, Happy Bowl,
Snack Mat, Travel Mat etc.)
All recored Videos on www-.ezpzfun.com including; Kickstarter Vidco,
Meredith Vieira, and all other content highlighting ezpz produets located on
www.ezpzfun.com.
2014
September 01, 2014
United States
® Author:
Pseudonym:
Author Created:
Work made for hire:
Citlzen of;
Domiciled in:
Pseudonymous:
Copyright Claimant
Eazy-pz, llc.
ezpz
photograph, 2-D artwork, Videos
Yes
United States
United States
Yes
Copyright Claimant:
Eazy-pz, Ile.
L7011 Lincoln Ave, #434, Parker, CO, 80134
Page 1 of 2
PDF Page 6
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 5 of 71
Rights and Permissions
Organization Name: Eazy-pz
Email: info@ezpzfun.com
Telephone: (720)357-2979
Address: 17011 Lincoln Ave
#434
Parker, CO 80134 United States
Certification
Name: Bradley Laurain
Date: March 18, 2015
Correspondence: Yes
Page 2 of 2
INC
»cOcOFLE8/6LOGOVAO00O.
WII
PDF Page 7
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 6 of 71
SQ
Cora. WAAL. WLE bum.
Exhibit 2
DMCA Notifications and
Confirmation Receipts
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 8
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 7 of 71
@
Zac Garthe
Legal
Zac@ezpzfun.com
April 11, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
€Zpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowt™, and Play Mat™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https: //www.facebook.com/ezpzfun
https://twitter.com/ezpzfun
https://www.pinterest.com/ezpzfun/
https: //www.instagram.com/ezpzfun/
https://www.youtube.com/channel/UCyrHrN-7yp6AtkcO1JxwO-w |
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://accessoiresbebe.com
e https://accessoiresbebe.com/products/assiette-immobile
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 9
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 8 of 71
e@
lass ads. mara fs
Declarations
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 10
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 9 of 71
S
Cora MALL. Wid fam.
Zac Garthe
Legal
Zac@ezpzfun.com
May 2, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
€zpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowl™, and Play Mat'™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https://www.facebook.com/ezpzfun
https: //twitter.com/ezpzfun
https://www.pinterest.com/ezpzfun/
https: //www.instagram.com/ezpzfun/
https://www.youtube.com/channel/UCyrHrN-7yp6AtkcO1JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://favworld.com/products/cool-mat-all-in-one-placemat-for-
kids?utm_source=fb-ads&utm_campaign=cool-mat-
placemat&utm_medium=ocpm
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof. See Exhibit 1.
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 11
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 10 of 71
ee
Declarations
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 12
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 11 of 71
@¢
bors MAA. WML, bum.
Zac Garthe
Legal
Zac@ezpzfun.com
April 13, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
€Zpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowl™, and Play Mat'™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https: //www.facebook.com/ezpzfun
https://twitter.com/ezpzfun
https://www.pinterest.com/ezpzfun/
https://www.instagram.com/ezpzfun/
https: //www.youtube.com/channel/UCyrHrN-7yp6AtkcO1 JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://www.jeyve.com/products/ezpz
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Declarations
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 13
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 12 of 71
ee
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 14
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 13 of 71
@
Cera mMeRAd. mow fun.
Zac Garthe
Legal
Zac@ezpzfun.com
April 10, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
eZpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowl™, and Play Mat™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https: //www.facebook.com/ezpzfun
https://twitter.com/ezpzfun
https://www. pinterest.com/ezpzfun/
https://www.instagram.com/ezpzfun/
https://www.youtube.com/channel/UCyrHrN-7yp6AtkcO1JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://www.letyboutique.com/collections/ all
e https://www.letyboutique.com/products/happy-mats
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 15
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 14 of 71
oO
Cons mens. more pum
Declarations
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 16
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 15 of 71
Zac Garthe
Legal
zZac@ezpzfun.com
March 29, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
e€zpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowl™, and Play Mat™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https://www.facebook.com/ezpzfun
https://twitter.com/ezpzfun
https: //www.pinterest.com/ezpzfun/
https://www.instagram.com/ezpzfun/
https://www.youtube.com/channel/UCyrHrN-7yp6AtkcO1 JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
_@ https: //silk-rays.com/collections/kids/products/the-merrymat
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Declarations
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 17
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 16 of 71
e@
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zp Llactie-
Zac Garthe
General Counsel
Eazy-PZ, LLC
17011 Lincoln Ave. #434
Parker, CO 80134
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 18
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 17 of 71
@e
boas MRA WMD bum.
Zac Garthe
Legal
zac@ezpzfun.com
May 2, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
ezpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy
Mat®, Mini Mat™, Happy Bowl"™, and Play Mat'™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https: //www.facebook.com/ezpzfun
https: //twitter.com/ezpzfun
https: //www.pinterest.com/ezpzfun/
https: //www.instagram.com/ezpzfun/
https: //www.youtube.com/channel/UCyrHrN-7yp6AtkcO1JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://thecutties.com/products/le-big-smile-family-antiderapant
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Declarations
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 19
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 18 of 71
e@
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 20
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 19 of 71
@
Zac Garthe
Legal
Zac@ezpzfun.com
May 4, 2017
VIA EMAIL (abuse@shopify.zendesk.com)
Shopify Inc.
Attn: Shopify DMCA Agent
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse@shopify.zendesk.com
| am the General Counsel for Eazy-PZ, LLC, doing business as ezpz (www.ezpzfun.com),
the owner and manufacturer of the original silicone placemat and plate that self-seals
to the surface of a table. It has come to my attention that a merchant on Shopify is
using ezpz’s copyrights without authorization. Below please find the necessary
information for Shopify’s Digital Millennium Copyright Act take-down procedure.
ezpz’s Copyrights
€zpz owns copyrights in all works of authorship created by it, most commonly
photographs, videos, and blog-posts which depict or describe ezpz’s products: Happy ~
Mat®, Mini Mat™, Happy Bowl™, and Play Mat'™. Typically these products are
displayed with food and in use by children, or being tested by adults. Examples of
ezpz’s copyrights may be found on its various authorized webpages, including:
e https://www.ezpzfun.com
https://www.facebook.com/ezpzfun
https://twitter.com/ezpzfun
https: //www.pinterest.com/ezpzfun/
https: //www.instagram.com/ezpzfun/
https://www.youtube.com/channel/UCyrHrN-7yp6AtkcO1 JxwO-w
Further, each of these websites contain registered copyright material, as described in
U.S. Copyright Registration No. VA 1-978-314.
Infringing Activity
The following merchant websites are infringing ezpz’s copyrights without permission:
e https://thefourspades.com/collections/home-accessories/products/new-
happy-mat-by-the-four-spades
The above identified merchant is using images of ezpz’s products, exactly as depicted
on ezpz’s webpages, or are using infringing derivative works thereof.
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 21
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 20 of 71
e@
Declarations
| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
| swear, under penalty of perjury, that the information in the notification is accurate,
and that | am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Your prompt attention to this matter is greatly appreciated. | am happy to answer any
additional questions. Thank you!
Sincerely,
Zac Garthe
CC: Eazy-PZ, LLC
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 22
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 21 of 71
by LK vale
Re: DMCA Takedown Notice - babiesgarden.com
Mike Tue, Jun 13, 2017 at 8:13 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
Jun 13, 10:13 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Your ticket ID is 6094023.
On Jun 06 00:19 EDT, Zac Garthe wrote:
| PDF Infringement Notice
LYM /ZRB-K6A FI]
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kukm...caicd5701af 5ca&q=dmca&qs=true&search=query&siml=15ca1cd5701afSca Page 1071
PDF Page 23
ezpz Mail - [Shopity] Update ARE DeMaGdNGnGOdOMsakepzpocument 1 Filed 08/04/17 Page 22 of 71 8/2/17, 3:52 PM
by Lan ugh
[Shopify] Update: Fwd: DCMA Baby Discount (from ezpz)
Lindsey Laurain Mon, Jan 23, 2017 at 8:01 PM
Reply-To: abuse+id5002558@shopify.zendesk.com
Cc: "Garthe, Zac" , Zac Garthe
You are registered as a CC on the Support Ticket 5002558.
Reply to this email to add a comment to the request.
Lindsey Laurain
Jan 23, 22:01 EST
This is a follow-up to your previous request #4873065 "DMCA Takedown Notice | youw..."
Shopify Team-
| am writing to inform you of another COPY website. The same company who you previously did a
DCMA on (see details below/attached) is now operating under a new name/site
NEW SITE- https://totsandtoys.myshopify.com/products/happy-bowl-one-piece-silicone-placemat-bowl-lime?
variant=36301232455
Taken Down- https:/www.babydiscountsshop.com/products/38=25=4cm=happy=mat=one=piece=silicone=
placemat=plate=all=in=one=placemat=for=kids=suctions =to=surface=non=slip=dimat=bpa=
free?variant=3 5620133514&&
They are luring in people on facebook using our videos to buy fake ezpz mats.
Attached is the official DCMA signed.
Please respond ASAP.
Thanks,
Lindsey
Founder
https://mail.google.com/mail/u/0/?2ui=2&ik=9877cO75c6&jsver=1Kukm...ce6claff4e3e8&q=dmca&qs=true&search=query&siml=159ce6ctaff4e3e8 Page 10f 4
PDF Page 24
ezpz Mail - [Shopify] Update PABS cama aay BO QRAak2z, Document 1 Filed 08/04/17 Page 23 of 71 8/2/17, 3:52 PM
ezpzfun.com (http://ezpzfun.com/)
17011 Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook (http://facebook.com/ezpzfun) , Twitter (http://twitter.com/ezpzfun) ,
Instagram (http://instagram.com/ezpzfun) , Pinterest (http://www.pinterest.com/ezpzfun/) and Youtube
(https://www. youtube.com/channel/UCyrHrN-7yp6AtkcO 1 JxwO-w) !
---------- Forwarded message ----------
From: Lindsey Laurain
Date: Fri, Jan 6, 2017 at 2:16 AM
Subject: DCMA Baby Discount (from ezpz)
To: abuse@shopify.com
Cc: "Garthe, Zac"
Hello attached is our signed DCMA request. We were told to follow this procedure for take down
websites using our intellectual property to sell counterfeit goods —https://www.shopify.ca/legal/dmca
| have copied in Zac, ezpz’s legal, counsel should you have any other questions. | will be submitting
2 other DCMAs immediately following this. Can Shopify scan for possible other storefront selling
these mats?
DCMA:
My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC. | am also
the inventor of the ezpz Happy Mat, the original all-in-one placemat + plate that self-seals to the
surface. We also sell numerous other ezpz offerings (e.g., the Happy Bowl and Mini Mat), which can
be found here: https:/Awww.ezpzfun.com/all/. ezpz has had tremendous success and recently had a
few videos go viral (links below) which we believe has spurred counterfeit sites. Today we are
submitting a formal DCMA takedown on the below Shopify site:
https://www.babydiscountsshop.com/products/38-25-4cm-happy-mat-one-piece-silicone-placemat-plate-all-in-
one-placemat-for-kids-suctions-to-surface-non-slip-dimat-bpa-free?variant=356201 33514
Baby Discount is deliberately luring consumers through the use of our copyrighted videos /images
and they are selling counterfeit / inauthentic goods via their Shopify Site. (Shopify consumers
believe they are buying ezpz Happy Mats).
https://www.facebook.com/1007967475981648/videos/1034784746633254/
eazy PZ LLC (DBA ezpz) Intellectual Property Summary:
https://mail.google.com/mail/u/O/?ui=2&ik=9877c075c6&jsver=1Kukm...ce6claff4e3e8 &q=dmca&qs=true&search=query&siml=159ce6claff4e3e8 Page 20f 4
PDF Page 25
ezpz Mail - [Shopity] Updat&-rAaeoemh Ga SrBQLONs@SKpzDOcument 1 Filed 08/04/17 Page 24 of 71 8/2/17, 3:52 PM
https://www.ezpzfun.com/patent
- Utility Patent (self-seal functionality) # 9,462,903
- Design Patent # US D745,327
- Copyright # VA 1-978-314
- Trademark Serial # 86756133
- Original Video: https:/Avww.kickstarter.com/projects/632139179/less-mess-happy-mat
- Viral Videos: https://www.facebook.com/Droold/videos/1444046705626582/, https://www.facebook.com/
Smartly2/videos432034940517476/, https://www.facebook.com/1154128124621017/videos/
135378866 7988294/
Here are the Intellectual Property violations:
1. The website uses the phrase Happy Mat, which is our trademarked product name (deliberately
confusable with the ezpz Happy Mat).
2. The listing uses copyrighted images of ezpz products, specifically the Happy Mat and our
children. All images except the mats that resemble a frog vs. a smile are copyrighted images that
we own (the frog is copycat product). You can reference our images on the www.ezpzfun.com
website, and | have attached a few images as well.
3. Listing is uses of our copyrighted content; specifically they use the exact same ‘Product
Description’ as our website. Original text can be found here: https://www.ezpzfun.com/happy-mat-in-
blue/.
Outside of shutting down the website, is there a way we (or Shopify) can notify your consumers
about the product being inauthentic? At ezpz we follow the most stringent safety and quality
standards (our products are CPSC certified and FDA approved) and the counterfeit mats may bea
safety risk to your Shopify customers.
Your prompt attention to this matter is greatly appreciated. My statements are below and | can
answer any additional questions. Thank you!
| have a good faith belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law
| swear, under penalty of perjury, that the information in the notification is accurate, and that | am
the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is
https://mail.google.com/mail/u/0/?ui=2&ik=987 7c07 5c6&jsver=1Kukm...ce6claff4e3e8&q=dmca&qs=true&search=query&siml=159ce6claff4e3e8 Page 3o0f 4
PDF Page 26
ezpz Mail - [Shopify] Update PAP Sora ady) WisQOrt OQmaky) Document 1 Filed 08/04/17 Page 25 of 71 8/2/17, 3:52 PM
allegedly infringed.
Lindsey Laurain
Founder ezpz
602-758-9913
17011 Lincoln Ave #434
Parker, CO 80134
Founder
ezpzfun.com (http://ezpzfun.com/)
17011 Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook (http://facebook.com/ezpzfun) , Twitter (http://twitter.com/ezpzfun) ,
Instagram (http://instagram.com/ezpzfun) , Pinterest (http:/;www.pinterest.com/ezpzfun/) and Youtube
(https:/Awww.youtube.com/channel/UCyrHrN-7yp6AtkcO1JxwO-w) !
Attachment(s)
ezpz trademark.jpg
shopifyDC MAbabydiscount. pdf
US Copyright. pdf
US Happy Mat Trademark. pdf
shopifytotsandtoys. pdf
Your ticket ID is 5002558.
INZQOLZ-YVOM]
https://mail.google.com/mail/u/0/?ui=2 &ik=987 7c07 5c6&jsver=1Kukm...ce6claff4e3e8 &q=dmca&qs=true&search=query&siml=159ce6claff4e3e8 Page 4 of 4
PDF Page 27
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 26 of 71
Gmail
lyf i vial -
Re: DMCA Takedown Notice | bazar-store-plus.com
William (Legal) Tue, Jul 25, 2017 at 9:16 AM
Reply-To: Legal
To: Zac Garthe
William (Shopify Legal Operations)
Jul 25, 11:16 EDT
Hello Zac,
Will here from Shopify.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately
1 business day.
Have a wonderful day,
William
Your ticket ID is 6425854.
On Jul 07 23:51 EDT, Zac Garthe wrote:
| PDF Infringement Notice
https://mail.google.com/mail/u/0/2ui=2&ik=9877c07 5c6&jsver=1Kuk...7a521403a5267&q=dmca&qs=true&search=query&siml=15d7a521403a5267 Page 1 of 1
PDF Page 28
ezpz Mail - FW: DMCA Takedo@toeky chaGaeQdi00-SK Document1 Filed 08/04/17 Page 27 of 71 8/2/17, 3:46 PM
FW: DMCA Takedown Notice fb cool gadgets
Garthe, Zac Wed, Jan 18, 2017 at 5:33 PM
To: "zac@ezpzfun.com"
Zachary C. Garthe | Chipman Glasser, LLC
2000 S. Colorado Boulevard | Tower One | Suite 7500
Denver, Colorado 80222
Tel: 303.578.5787 | Fax: 303.578.5790
Admitted in Colorado and the District of Columbia
From: Lindsey Laurain [mailto:lindsey@ezpzfun.com]
Sent: Tuesday, January 10, 2017 1:04 AM
To: support@shopify.com; Garthe, Zac
Subject: Re: DMCA Takedown Notice fb cool gadgets
Sasha-
| don't believe | have received an update on FB Cool Gadgets.
| started the process a while ago with them and it is still up.
Also, if Shopify thinks just removing an image of my son from their page & changing a few words will suffice, then
we have an issue. These products violate our Utility patent. They have fake reviews with ezpz mats (bottom left, |
am Lindsey L??).
We still have yet to hear back if there is a way to scan internally for our product, can we get a list of the folks who
have received these counterfeit mats......
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kukm...dmca%20fbcoolgadgets&qs=true&search=query&siml=159b4 2345feOf61e Page 1 of 7
PDF Page 29
ezpz Mail - FW: DMCA Taked&AS@ias 4 Cod GrBOLOO-SK Document1 Filed 08/04/17 Page 28 of 71 8/2/17, 3:46 PM
In fact, how do we get this all escalated? Thousands of fraudulent product are/have been sold to Shopify
customers. For their safety, they should be notified.
THANKS!
Founder
ezpzfun.com
17011 Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
On Jan 01 12:29 EDT, Lindsey Laurain wrote:
Hello. My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC.
| have copied in Zac, ezpz's legal, counsel should you have any other questions.
This is the FOURTH DMCA | have submitted in the last 2 days. Is there a way Shopify can help us internally to
start to scan for these sites. Consumers are being sold counterfeit goods that most likely have not passed safety
testing.
On Jan 01 10:47 EDT, Lindsey Laurain wrote:
Thank you! Can you escalate this?
| submitted 3 sites, just checked this one and it is still up. https://focoolgadgets.com/products/cool-mat-all-
in-one-placemat-for-kids and they SELLING product.
The FB video is going viral https://Awww.facebook.com/236917633399106/videos/245025062588363/.
Waiting on Facebook as well.
Taking off to LA!
Lindsey
|
| | On Friday, January 6, 2017, Annette Lohan \ wrote:
https://mail.google.com/mail/u/O/?ui=2 &ik=9877c07 5c6&jsver=1Kukm...dmca%20fbcoolgadgets &qs=true&search=query&siml=159b423.45fe0f61e Page 2 of 7
PDF Page 30
ezpz Mail - FW: DMCA TakebaaSRotteltb edalgQ@kOO0-SK Document1 Filed 08/04/17 Page 29 of 71 8/2/17, 3:46 PM
I[](http://i375.photobucket.com/albums/o0200/Cara_Holland/ezpz-logo_zpskls8down.png)
Founder
ezpzfun.com
17011 Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
| On Jan 01 04:33 EDT, Annette Lohan wrote:
| HiLindsey,
{| |
| Thanks for reaching out to us at Shopify. Annette here from the Guru team, | would be happy to help
you! :)
| am not surprised you are getting freaked out by this, | certainly would not want people placing
| photos of my son on their websites. We take these situations very seriously and | thank you for
bringing it to our attention.
| will pass on your signed copy of the DMCA to our legal
team, they will get in touch with you directly.
| | Our legal department deal swiftly with copyright infringement and they will best be able to advise you
| _ | on what can be done. Once they receive proper notification of claimed copyright infringement, their
_ | response includes removing or disabling access to material claimed to be the subject of infringing
| activity.
| If you have any further questions, please don't hesitate to get back in touch. | wish you a quick
| resolution to this and a happy and successful year ahead. :)
All the best,
| | Annette
| | Shopify Guru
[24/7 Support](https://support.shopify.com/)
On Jan 01 04:26 EDT, Lindsey Laurain wrote:
| | Hello. My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ
|} | | LLC.
| |
/ || | | | have copied in Zac, ezpz’s legal, counsel should you have any other questions.
| |
| Hello. My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ
| LLC. | am also the inventor of the ezpz Happy Mat, the original all-in-one placemat + plate that
| self-seals to the surface. We also sell numerous other ezpz offerings (e.g., the Happy Bowl and
| | | | Mini Mat), which can be found here: https://www.ezpzfun.com/all/. ezpz has had tremendous
} | | _ success and recently had a few videos go viral (links below) which we believe has spurred
_ | counterfeit sites. Today we are submitting a formal DCMA takedown on the below Shopify site:
https://fbcoolgadgets.com/products/cool-mat-all-in-one-placemat-for-kids.
FB Cool Gadgets is deliberately luring consumers through the use of our copyrighted
videos/images and they are selling counterfeit / inauthentic goods via their Shopify Site. (Shopify
consumers believe they are buying ezpz Happy Mats).
https://mail.google.com/mail/u/0/?ui=2&ik=9877c075c6&jsver=1Kukm...dmca%20fbcoolgadgets&qs=true&search=query&siml=159b4 2345fe0fG61e Page 3 of 7
PDF Page 31
ezpz Mail - FW: DMCA Taked@aq geri fb fopnaegO400-SK Document1 Filed 08/04/17 Page 30 of 71 8/2/17, 3:46 PM
“eazy PZ LLC (DBA ezpz) Intellectual Property Summary:**
https:/Awww.ezpzfun.com/patent
- Utility Patent (self-seal functionality) # 9,462,903
- Design Patent # US D745,327
- Copyright # VA 1-978-314
- Trademark Serial # 86756133
- Original Video: https:/Avww.kickstarter.com/projects/632139179/less-mess-happy-mat
- Viral Videos: https://www.facebook.com/Droold/videos/1444046705626582/,
https://www.facebook.com/Smartly2/videos43203494051 7476/,https://www.facebook.com/
1154128124621017/videos/1353788667988294/
**Here are the Intellectual Property violations: **
1. The website uses the phrase Happy Mat, which is our trademarked product name (deliberately
confusable with the ezpz Happy Mat).
2. The listing uses copyrighted images of ezpz products, specifically the Happy Mat and our
children. All images except the mats that resemble a frog vs. a smile are copyrighted images that
we own (the frog is copycat product). You can reference our images on the www.ezpzfun.com
website,and | have attached a few images as well.
4. They are retargeting Customers with our copyrighted images (attached).
Outside of shutting down the website, is there a way we (or Shopify) can notify your consumers
about the product being inauthentic? At ezpz we follow the most stringent safety and quality
standards (our products are CPSC certified and FDA approved) and the counterfeit mats may be
a safety risk to your Shopify customers.
Your prompt attention to this matter is greatly appreciated. My statements are below and | can
answer any additional questions. Thank you!
_| have a good faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law_
_| swear, under penalty of perjury, that the information in the notification is accurate, and that | am
the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed._
Lindsey Laurain
Founder ezpz
602-758-9913
17011 Lincoln Ave #434
Parker, CO 80134
*electronic signature LL
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kukm...dmca%20fbcoolgadgets &qs=true&search=query&siml=159b4 23 45fe0f61e Page 4 of 7
PDF Page 32
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On Jan 01 04:24 EDT, Lindsey Laurain wrote:
Hello attached is our signed DCMA request. We were told to follow this procedure for take
down websites using our intellectual property to sell counterfeit goods -
https:/Awww.shopify.ca/legal/dmea
| have copied in Zac, ezpz’s legal, counsel should you have any other questions. | will be
submitting 2 other DCMAs immediately following this. Can Shopify scan for possible other
storefront selling these mats?
DCMA:
My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC. |
am also the inventor of the ezpz Happy Mat, the original all-in-one placemat + plate that self-
seals to the surface. We also sell numerous other ezpz offerings (e.g., the Happy Bowl and
Mini Mat), which can be found here: https://www.ezpzfun.com/all/. ezpz has had tremendous
success and recently had a few videos go viral (links below) which we believe has spurred
counterfeit sites. Today we are submitting a formal DCMA takedown on the below Shopify site:
https://www.babydiscountsshop.com/products/38-25-4cm-happy-mat-one-piece-silicone-
placemat-plate-all-in-one-placemat-for-kids-suctions-to-surface-non-slip-dimat-bpa-free?
variant=35620133514
Baby Discount is deliberately luring consumers through the use of our copyrighted
videos/images and they are selling counterfeit / inauthentic goods via their Shopify Site.
(Shopify consumers believe they are buying ezpz Happy Mats).
https://www.facebook.com/1007967475981648/videos/1034784746633254/
“eazy PZ LLC (DBA ezpz) Intellectual Property Summary:**** **
https ://www.ezpzfun.com/patent
: Utility Patent (self-seal functionality) # 9,462,903
‘ Design Patent # US D745,327
‘ Copyright # VA 1-978-314
- Trademark Serial # 86756133
- Original Video: https://www.kickstarter.com/projects/632 139179/less-mess-happy-mat
- Viral Videos: https://www.facebook.com/Droold/videos/1444046705626582/,
https://www.facebook.com/Smartly2/videos432034940517476/,https://www.facebook.com/
115412812462101 7/videos/1353788667988294/
**Here are the Intellectual Property violations: **
1. The website uses the phrase Happy Mat, which is our trademarked product name
(deliberately confusable with the ezpz Happy Mat).
2. The listing uses copyrighted images of ezpz products, specifically the Happy Mat and our
children. All images except the mats that resemble a frog vs. a smile are copyrighted images
that we own (the frog is copycat product). You can reference our images on the
www.ezpzfun.com website,and | have attached a few images as well.
3. Listing is uses of our copyrighted content; specifically they use the exact same ‘Product
Description’ as our website. Original text can be found here:https:/Awww.ezpzfun.com/happy-
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kukm...dmca%20fbcoolgadgets &qs=true&search=query&siml=159b42345fe0fG61e Page 5 of 7
PDF Page 33
ezpz Mail - FW: DMCA Taked&xaS@ice: tb £o6NGxBOLO0-SK Document1 Filed 08/04/17 Page 32 of 71 8/2/17, 3:46 PM
mat-in-blue/.
Outside of shutting down the website, is there a way we (or Shopify) can notify your
consumers about the product being inauthentic? At ezpz we follow the most stringent safety
and quality standards (our products are CPSC certified and FDA approved) and the counterfeit
mats may be a safety risk to your Shopify customers.
Your prompt attention to this matter is greatly appreciated. My statements are below and | can
answer any additional questions. Thank you!
_| have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law_
_| swear, under penalty of perjury, that the information in the notification is accurate, and that |
am the copyright owner or am authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed._
Lindsey Laurain
Founder ezpz
602-758-9913
17011 Lincoln Ave #434
Parker, CO 80134
On Jan 01 16:07 EDT, Lindsey Laurain wrote:
This is a follow-up to your previous request #4833571 "Fake Site"
Yang-
Thanks for the reply. | will submit the formal take down process now but we have a serious
problem and it is happening daily.
Scammers are using OUR videos (me, my kids, our invention that is patented, copyright
protected) and post on facebook https:/Awww.facebook.com/1007967475981648/videos/
1034784746633254/ with our video. They comment with links to their SHOPIFY site that
shows OUR IMAGES and product. Saying ezpz, Happy Mat (both Trademarked attached).
While on your Shopify site you https:/Avww.babydiscountsshop.com/products/38-25-4cm-
happy-mat-one-piece-silicone-placemat-plate-all-in-one-placemat-for-kids-suctions-to-
surface-non-slip-dimat-bpa-free?variant=35620133514 they intertwine pictures of an ugly
frog looking mat (copy) plus use our images (mats with ezpz in corner, my kids, originals
attached).
Things keep popping up saying someone just bought a mat. Those images say Happy Mat
and have our copyright images/products on them. They are also retargeting people with the
attached ads (again our product, my son).
Along with shutting down the site, | also feel like we should get these CONSUMERS
information to tell them they have been sold a fake product from China? All of these
| SHOPIFY consumers are getting mats that they think are ezpz Happy Mats
| www.ezpzfun.com but instead will be sent fake product. These should be our customers.
We are not only losing sales we are losing the ability to retarget these folks.
Can you help? Who should | connect with this? Freaking out a bit and | feel like it is only
https://mail.google.com/mail/u/O/?ui=2 &ik=9877c07 5c6&jsver=1Kukm...dmca%20 fbcoolgadgets &qs=true&search=query&siml=159b423 45fe0f61e Page 6 of 7
PDF Page 34
ezpz Mail - FW: DMCA Takeo Greek cbaGe8Q00-SK Document1 Filed 08/04/17 Page 33 of 71 8/2/17, 3:46 PM
going to get worse.
Here is another shopify site- https://fbcoolgadgets.com/products/cool-mat-all-in-one-
placemat-for-kids. My son is pictured (orignal attached) and so is adleigh (pic attached).
ORIGINAL EZPZ Viral Videos (more are in the works)
Drooled: https://www.facebook.com/Droold/videos/1 444046 705626582/
Smartly: https://www.facebook.com/Smartly2/videos4 320349405174 76/
OMG: https:/Awww.facebook.com/115412812462101 7/videos/1353788667988294/
Thanks!!!
Lindsey
i
Founder
ezpzfun.com (http://ezpzfun.com/)
17011 Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook (http://facebook.com/ezpzfun) , Twitter
(http://twitter.com/ezpzfun) , Instagram (http://instagram.com/ezpzfun) , Pinterest
(http://www.pinterest.com/ezpzfun/) and Youtube (https://www.youtube.com/
channel/UCyrHrN-7yp6AtkcO1 JxwO-w) !
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http:/Awww.symanteccloud.com
— 73K
shopifyDCMAFBGadgets.pdf
https://mail.google.com/mail/u/O/?ui=2&ik=987 7c075c6&jsver=1Kukm...dmca%20fbcoolgadgets&qs=true&search=query&siml=1 59b42345fe0f6le Page 7 of 7
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Re: DMCA Takedown Notice - flunna.com
Mike Mon, Jul 10, 2017 at 10:10 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
Jul 10, 12:10 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Shopify Legal Operations
Your ticket ID is 6290627.
On Jul 07 18:44 EDT, Zac Garthe wrote:
| PDF Infringement Notice
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...2d443d31a9106&q=dmca&qs=true&search=query&siml=15d2d443d31a9106 Page 1of1
PDF Page 36
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 35 of 71
Gm ail
bey La vgle
Re: DMCA Takedown Notice - gear2youstore.com
Mike Mon, Jun 26, 2017 at 9:44 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
Jun 26, 11:43 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Your ticket ID is 6190940.
On Jun 06 11:00 EDT, Zac Garthe wrote:
| PDF Infringement Notice
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kukm...e51 2eb57cc181&q=dmca&qs=true&search=query&siml=15ce512eb57cc181 Page 1 of 1
PDF Page 37
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 36 of 71
Fr e
Mal
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Re: DMCA Takedown Notice - happysatchels.com
Mon, Jun 5, 2017 at 7:37 AM
Alex
Reply-To: support@shopify.com
To: Zac Garthe
Alex (Shopify)
Jun 5, 09:36 EDT
Hi Zac,
Alex from Shopify here.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately
1 business day.
If you need any further assistance, please do not hesitate to contact me.
Thank you,
Alex
Your ticket ID is 6028105.
On Jun 06 09:10 EDT, Zac Garthe wrote:
| PDF Infringement Notice
)7ZP2-PWEX]
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kukm...78791a3aafGde&q=dmca&qs=true&search=query&siml=15c787 91a3aafGde Page 1 of 1
PDF Page 38
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 37 of 71
by Coole
Re: DMCA Takedown Notice - hellobabystar.com
Mike Mon, May 29, 2017 at 7:20 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
May 29, 09:20 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Your ticket ID is 5973812.
On May 05 16:16 EDT, Zac Garthe wrote:
| PDF Infringement Notice
[RK94X5-V65P]
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...545de0ece6a30&q=dmca&qs=true&search=query&siml=15c54 5dedece6a30 Page 10f1
PDF Page 39
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 38 of 71
.
by Goal
Re: DMCA Takedown Notice - hgsproducts.com
Mike Wed, May 31, 2017 at 9:57 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
May 31, 11:57 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Your ticket ID is 5995255.
On May 05 11:48 EDT, Zac Garthe wrote:
| PDF Infringement Notice
mrvpDRm)
y-U YR]
https: //mail.google.com/mail/u/O/?ui=2&ik=9877c075c6&jsver=1Kukm...5f39b521bfS5cc&q=dmca&qs=true&search=query&siml=15c5f39b521bf5cc Page 1 of 1
PDF Page 40
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 39 of 71
e
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by 7X ngle
Re: DMCA Takedown Notice - myinteresthings.com
Mike Tue, May 9, 2017 at 11:29 AM
Reply-To: support@shopify.com
To: Zac Garthe
Mike (Shopify)
May 9, 13:29 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Your ticket ID is 5825658.
On May 05 12:31 EDT, Zac Garthe wrote:
| PDF Infringement Notice
[PEOGKO-45LM]
https: //mail.google.com/mail/u/0/?ui=2&ik=9877c07 5cG&jsver=1Kukm...ee425ae57c9fc&q=dmca&qs=true&search=query&siml=15bee4 25ae57c9fc Page 1of1
PDF Page 41
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 40 of 71
Gmail
bey CK vghe
DCMA Shopify Site- One Ship
Lindsey Laurain Sat, Mar 11, 2017 at 10:58 AM
To: Zac Garthe
for reference...
Founder
ezpzfun.com
17011 Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
---------- Forwarded message ----------
From:
Date: Sat, Mar 11, 2017 at 10:55 AM
Subject: Re: DCMA Shopify Site- One Ship
To: Lindsey Laurain
Thanks for your email! A Support Ticket has been created and is currently being reviewed by our staff.
For reference the ticket number 5364731 has been assigned. To add additional comments you can just reply to this
email.
Hello my name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC. | am also the
inventor of the ezpz Happy Mat, the original all-in-one suction placemat + plate. We also sell numerous other ezpz
offerings, including the Mini Mat which can be found here https://www.ezpzfun.com/all/. Today we are submitting a
formal DCMA Take Down on this shopify site:
https://oneshipstore.myshopify.com/products/anti-slip-placemat?variant=31 507655561
One Ship Store is deliberately luring consumers in using our images and selling them fake goods via their Shopify
Site. (shopify consumers believe they are buying ezpz MINI MATs).
“eazy PZ LLC (ezpz) Intellectual Property Summary:** **https://www.ezpzfun.com/patent**
- Utility Patent (self seal) # 9,462,903
- Hapy Mat Design Patent
‘ Copyright # VA 1-978-314
https: //mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&view=pt&search=inbox&msg=15abe 867 26830257&siml=15abe867 26830257 Page 1 of 2
PDF Page 42
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 41 of 71
- Trademark Serial # 86756133.
- www.ezpzfun.com (coyright)
- Original Video: https://www.kickstarter.com/projects/632 139179/less-mess-happy-mat
*“Here are the Intellectual Property violations: **
1. The listing uses copyrighted images of ezpz products, specifically the Mini Mat and US + our underage children.
You can see these images on our website www.ezpzfun.com and on their shopify site.
2. The listing is selling our Utility Patented and Design Patented products.
3. The listing is using all of our Copyright Product Descriptions as their own. Our product copyright description can
be found here http://www.ezpzfun.com/mini-mats/,
Outside of this website being completely shut down, is there a way we (or Shopify) can do something else? These
people just keep taking down pictures and products and relisting or posting with fake pics. When will it stop? Is
there a x strike rule?
What is the best way to go about notifying these customers who are buying fake products?
Your prompt attention to this matter is greatly appreciated. My statements are below and can answer any additional
questions. Thank you!
| have a good faith belief that use of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law
| swear, under penalty of perjury, that the information in the notification is accurate, and that | am the copyright
owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Lindsey Laurain
Founder ezpz
602-758-9913
17011 Lincoln Ave #434
Parker, CO 80134
3/11/17
I[(http://i375.photobucket.com/albums/o0200/Cara_Holland/ezpz-logo_zpskls8down.png)
Founder
ezpzfun.com
17011 Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
[NZQK63-D8L2]
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&view=pt&s earch=inbox&msg=15abe86726830257&siml=15abe86726830257 Page 2 of 2
PDF Page 43
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 42 of 71
bry (4K rgle
Re: DMCA Takedown Notice - storeecho.com
Alex Tue, May 16, 2017 at 7:19 AM
Reply-To: support@shopify.com
To: Zac Garthe
Alex (Shopify)
May 16, 09:19 EDT
Hi Zac,
Alex from Shopify here.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately
1 business day.
If you need any further assistance, please do not hesitate to contact me.
Thank you,
Alex
Your ticket ID is 5873074.
On May 05 17:13 EDT, Zac Garthe wrote:
| PDF Infringement Notice
[OGP7V9-77M5]
https://mail.google.com/mail/u/0/?ui=2&ik=9877c075c6&jsver=1Kukm...116a119657143&q=dmca&qs=true&search=query&siml=1 5c116a119657143 Page 1 of 1
PDF Page 44
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 43 of 71
(- .
bey wile
Re: DMCA Takedown Notice - the-baby-first.com
Alex Mon, May 15, 2017 at 9:18 AM
Reply-To: support@shopify.com
To: Zac Garthe
Alex (Shopify)
May 15, 11:18 EDT
Hi Zac,
Alex from Shopify here.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately
1 business day.
If you need any further assistance, please do not hesitate to contact me.
Thank you,
Alex
Your ticket ID is 5868430.
On May 05 10:25 EDT, Zac Garthe wrote:
PDF Infringement Notice
https://mail.google.com/mail/u/0/?ui=2&ik=987 7cO75c6&jsver=1Kuk...0cb086f871307&q=dmca&as=true&search=query&siml=15c0cb086f871307 Page 10f 1
PDF Page 45
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 44 of 71
bey La 3 ale
Re: DMCA Takedown Notice - thedealsninja.com
Mike (Shopify Legal Operations ) Wed, Aug 2, 2017 at 7:10 AM
Reply-To: Shopify Legal Operations
To: Zac Garthe
Mike (Shopify Legal Operations)
Aug 2, 09:10 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Regards,
Mike
Shopify Legal Operations
Your ticket ID is 6490124.
On Aug 08 16:14 EDT, Zac Garthe wrote:
| PDF Infringement Notice
https://mail.google.com/mail/u/0/2ui=2&ik=9877c075c6&jsver=1Kukm...da31210df758ff&q=dmca&qs=true&search=query&siml=15da31210df758ff Page 10f1
PDF Page 46
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 45 of 71
Re: DMCA Takedown Notice | timeforabargain.com
William (Legal) Tue, Jul 25, 2017 at 9:30 AM
Reply-To: Legal
To: Zac Garthe
William (Shopify Legal Operations)
Jul 25, 11:30 EDT
Hello Zac,
Will here from Shopify.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately
1 business day.
Have a wonderful day,
William
Your ticket ID is 6422639.
On Jul 07 16:33 EDT, Zac Garthe wrote:
| PDF Infringement Notice
https://mail.google.com/mail/u/0/2ui=2&ik=9877c07 5c6&jsver=1Kukm...7a5ea8e2ac197&q=dmca&as=true&search=query&siml=15d7a5ea8e2ac197 Page 1 of 1
PDF Page 47
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 46 of 71
Gmail
bey Lc wale
[Shopify] Update: DMCA Takedown Notice | totsandtoys.myshopify.com
Sacha Tue, Jan 24, 2017 at 11:18 AM
Reply-To: abuse+id5002558@shopify.zendesk.com
Cc: "Garthe, Zac" , Zac Garthe
You are registered as a CC on the Support Ticket 5002558.
Reply to this email to add a comment to the request.
Sacha (Shopify)
Jan 24, 13:18 EST
Thank you Lindsey,
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately
1 (one) business day.
As stated previously, in compliance with our privacy policy, we cannot provide you with merchant
details.
Thank you for your understanding,
Sacha
Your ticket ID is 5002558.
On January 24, Lindsey Laurain wrote:
Sorry for the confusion BUT we think toys and tots are the same folks that were also behind Baby
Discount. Are you able to provide us contact details for both Toys and Tots AND Baby Discount shopify
sites?
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...d1b351f35 2e6d&q=dmca&qs=true&search=query&siml=159d1b351f352e6d Page 1 of 2
PDF Page 48
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 47 of 71
Attached is the DCMA that only has toys/tots.
https://totsandtoys.myshopify.com/products/happy-bowl-one-piece-silicone-placemat-bowl-lime?
variant=36301232455
Thank you.
Lindsey
'[](http://i375. photobucket.com/albums/00200/Cara_Holland/ezpz-logo_zpskls8down.png)
Founder
ezpzfun.com
17011 Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
Attachment(s)
shopifyDCMAToystots2. pdf
[NZQOL2-YVOM]
https://mail.google.com/mail/u/0/?ui=2&ik=98 7 7c07 5c6&jsver=1Kuk...d1b351f352e6d&q=dmca&qs=true&search=query&siml=159d1b351f352e6d Page 2 of 2
PDF Page 49
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 48 of 71
(G |
toe CC wah Ne
DCMA Shopify
Lindsey Laurain Sat, Mar 11, 2017 at 10:42 AM
To: abuse@shopify.com, Zac Garthe
Hello my name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC. |
am also the inventor of the ezpz Happy Mat, the original all-in-one suction placemat + plate. We also
sell numerous other ezpz offerings, which can be found here https://www.ezpzfun.com/all/. Today we
are submitting a formal DCMA Take Down on this shopify site:
https://unmatchedmarket.com/products/impossible-spill?variant=31191877313
Unmatched Market is deliberately luring consumers in using our images and selling them fake goods
via their Shopify Site. (shopify consumers believe they are buying ezpz happy mats).
eazy PZ LLC (ezpz) Intellectual Property Summary: https://www.ezpzfun.com/patent
Utility Patent (self seal) # 9,462,903
Hapy Mat Design Patent
Copyright # VA 1-978-314
Trademark Serial # 86756133.
www.ezpzfun.com (coyright)
Original Video:
https://www.kickstarter.com/projects/632139179/less-mess-happy-mat
COPYRIGHT Violation (pictured is our underage child, our Happy Mat that has both a Design and
Utility Patent
Here are the Intellectual Property violations:
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&view=pt&search=inbox&msg=15abe7 7afla6b5ea&siml=15abe77afla6bSea Page 1 of 3
PDF Page 50
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 49 of 71
1. The listing uses copyrighted images of ezpz products, specifically the Happy Mat (twice)
and our underage children. You can see these images on our website www.ezpzfun.com and
on their shopify site.
2. The listing is selling our Utility Patented and Design Patented products. You can see from
the “reviews” the mats pictured are different then the Mats they are advertising.
Outside of this website being completely shut down, is there a way we (or Shopify) can do something
else? These people just keep taking down pictures and products and relisting or posting with fake
pics. When will it stop? Is there a x strike rule?
What is the best way to go about notifying these customers who are buying fake products?
Your prompt attention to this matter is greatly appreciated. My statements are below and can answer
any additional questions. Thank you!
| have a good faith belief that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law
| swear, under penalty of perjury, that the information in the notification is accurate, and that | am the
copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Lindsey Laurain
Founder ezpz
602-758-9913
17011 Lincoln Ave #434
Parker, CO 80134
3/11/17
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&view= pt &search=inbox&msg=15abe7 7afla6b5ea&siml=15abe77afla6Gb5ea Page 2 of 3
PDF Page 51
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 50 of 71
Founder
ezpzfun.com
17011 Lincoln Ave. #434, Parker, CO 80134
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
#2} ShopifyOCMAUNMATCHEDMARKET.pdf
544K
https: //mail.google.com/mail/u/O/?ui=2&ik=987 7c07 5c6&view=pt&search=inbox&msg=15abe7 7afla6bSea&siml=15abe7 7aflaGb5ea Page 3 of 3
PDF Page 52
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 51 of 71
G Mail
by Le wale
Alex Campbell Mon, Mar 20, 2017 at 8:53 AM
Reply-To: abuse+id5422884 @shopify.zendesk.com
Cc: Zac Garthe
You are registered as a CC on the Support Ticket 5422884.
Reply to this email to add a comment to the request.
Alex Campbell (Shopify)
Mar 20, 10:53 EDT
Hello Lindsey,
Alex here with Shopify,
Thanks for reaching out. | noticed that you mentioned patent, copyright and trademark
infringement. We would be happy to help out where we can but we do need to clarify which Notice
you are intending to send as they are handled differently.
If you have questions regarding our DMCA process, visit our page here; http://www.shopify.com/legal/
dmca
Alternatively, if you are citing trademark infringement please proceed with submitting a trademark
notice in the format found below. Should you wish to cite both, please submit each notice
separately. Once received, it will be passed along to our merchant.
Kind Regards,
Alex
Procedure for notifying Shopify of trademark infringement:
When providing notice, please provide the following information in the format as outlined below.
Notices will not be recognized unless all information is provided.
a) Your complete contact information (full name, mailing address, email address, and phone
number). Note that we may provide your contact information and/or the contents of your report to
the user that posted the content you are reporting.
https: //mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...ec356f6e661c4&q=dmca&qs=true&search=query&siml=15aec356f6e661c4 Page 1of 5
PDF Page 53
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 52 of 71
b) The specific trademark in which you claim rights (Your trademarked word, symbol, etc.).
c) The country or countries in which you claim trademark rights.
d) Your trademark registration number (if available).
e) The category of products and/or services for which you assert rights.
f) Information reasonably sufficient to permit us to locate the material on Shopify that you believe
violates your trademark rights. The easiest way to do this is by providing web addresses (URLs)
leading directly to the allegedly infringing content.
g) A description of how you believe this content infringes your trademark.
h) The following declarations:
i. | have a good faith belief that use of the trademark as described above, in the manner | have
complained of, is not authorized by the trademark owner, its agent, or the law;
ii. the information in the notice is accurate;
iii. | swear under penalty of perjury, that | am the owner or authorized to act on behalf of the owner
of the trademark rights described above.
iv. | acknowledge that a copy of this infringement notice, including any contact information
provided above, will be provided to the person that posted the content being reported.
i) Your electronic signature or physical signature.
Shopify
Shopify DMCA Notice and Takedown Procedure
Shopify is a powerful ecommerce platform that includes everything you need to create an online
store and sell online. Try it free for 14 days. (9KB)
Your ticket ID is 5422884.
On March 19, Lindsey Laurain wrote:
https://mail.google.com/mail/u/O/?ui=2 &ik=987 7c07 S5c6&jsver=1Kuk...ec356f6e661c4&q=dmca&qs=true&search=query&siml=15aec356f6e661c4 Page 2 of 5
PDF Page 54
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...ec356f6e661c4&q=dmca&qs=true&search=query&siml=15aec356f6e661c4
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 53 of 71
Hello. My name is Lindsey Laurain and | am the founder of ezpz (www.ezpzfun.com), eazy-PZ LLC. | am
also the inventor of the ezpz Happy Mat, the original all-in-one placemat + plate that self-seals to the
surface. We also sell numerous other ezpz offerings (e.g., the Happy Bowl and Mini Mat), which can be
found here: https:/Awww.ezpzfun.com/all/. ezpz has had tremendous success and people are trying to
capitalize on our success. Today we are submitting a formal DCMA takedown on the below Shopify site:
https://we-luv-babies.myshopify.com/products/happy-face-no-mess-placemat
https://we-luv-babies.myshopify.com/products/one-piece-silicone-placemat-tray-plate-car-collapsible-cup-
cup-holder-green-for-baby-and-toddler ,
We Luv Babies is deliberately luring consumers through the use of our copyrighted videos/images and
they are selling counterfeit / inauthentic goods via their Shopify Site. (Shopify consumers believe they are
buying ezpz Happy Mats).
https://www.facebook.com/620308754828786/videos/622509044608757/
**eazy PZ LLC (DBA ezpz) Intellectual Property Summary:**
https://www.ezpzfun.com/patent
: Utility Patent (self-seal functionality) # 9,462,903
‘ Design Patent # US D745,327
- Copyright # VA 1-978-314
- Trademark Serial # 86756133
- Original Video: https://www.kickstarter.com/projects/632 139179/less-mess-happy-mat
“Here are the Intellectual Property violations: **
1. The website uses the phrase Happy Mat, which is our trademarked product name (deliberately
confusable with the ezpz Happy Mat).
2. The facebook listing uses copyrighted images of ezpz products, specifically the Happy Mat and our
children. All images except the mats that resemble a frog vs. a smile are copyrighted images that we own
(the frog is copycat product). You can reference our images on the www.ezpzfun.com website.
3. Listing is uses of our copyrighted content; specifically they use the exact same ‘Product Description’ as
Page 3o0f 5
PDF Page 55
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 54 of 71
our website. Original text can be found here: https://www.ezpzfun.com/happy-mat-in-blue/.
Both products violate our Utility Patent AND we have a Design Face on the Car and Smile mat.
Outside of shutting down the website, is there a way we (or Shopify) can notify your consumers about the
product being inauthentic? At ezpz we follow the most stringent safety and quality standards (our products
are CPSC certified and FDA approved) and the counterfeit mats may be a safety risk to your Shopify
customers.
Your prompt attention to this matter is greatly appreciated. My statements are below and | can answer any
additional questions. Thank you!
_| have a good faith belief that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law_
_| swear, under penalty of perjury, that the information in the notification is accurate, and that | am the
copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed._
Lindsey Laurain
Founder ezpz
602-758-9913
17011 Lincoln Ave #434
Parker, CO 80134
[Inline image 2](https://shopify.zendesk.com/attachments/token/BBexf4acKNQ5r9DkZtSGxN5dwy/?
name=Screenshot+2017-03-19+11.03.19.png)  !
[Inline image 3](https://shopify.zendesk.com/attachments/token/FJobNX1b9uKRd2hs5VIFsSn6l/?
name=Screenshot+2017-03-19+11.04.11.png)
I[](http://i37 5. photobucket.com/albums/o0200/Cara_Holland/ezpz-logo_zpskls8down.png)
Founder
ezpzfun.com
17011 Lincoln Ave. #434, Parker, CO 80134
https://mail.google.com/mail/u/0/?ui=2&ik=9877c07 Sc6&jsver=1Kuk...ec356f6e661c4 &q=dmca&qs=true&s earch=query&siml=15aec356f6e661c4 Page 4 of 5
PDF Page 56
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 55 of 71
Let's be friends on Facebook, Twitter, Instagram, Pinterest and Youtube!
Attachment(s)
Screenshot_2017-03-19_11.03.19.png
Screenshot_2017-03-19_11.03.57.png
Screenshot_2017-03-19_11.04.11.png
shopifyDCMAWELUVBABIES. pdf
https://mail.google.com/mail/u/0/2ui=2&ik=9877c075c6&sver=1Kuk...ec356f6e661c4 &q=dmca&qs=true&search=query&siml=15aec356f6e661c4 Page 50f5
PDF Page 57
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 56 of 71
Gmail
bey C4 vgle
Re: DMCA Takedown Notice - www.lootproducts.com
Alex Mon, May 29, 2017 at 11:18 AM
Reply-To: support@shopify.com
To: Zac Garthe
Alex (Shopify)
May 29, 13:18 EDT
Hi Zac,
Alex from Shopify here.
This email is to inform you that the DMCA Takedown Notice was passed on to the store owner. The
content listed as infringing within the DMCA Takedown Notice will be taken offline in approximately
1 business day.
If you need any further assistance, please do not hesitate to contact me.
Thank you,
Alex
Your ticket ID is 5978487.
On May 05 13:12 EDT, Zac Garthe wrote:
| PDF Infringement Notice
[ 7IC\ff?e \/pD1
sP7EW-OGVR]
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kuk...537346b09919&q=dmca&aqs=true&search=query&siml=15c5537346b09919 Page 1o0f1
PDF Page 58
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 57 of 71
o
Mal
bey (4h wale
FW: [Shopify] Update: DMCA Takedown Notice | youwanitthis.shop
Garthe, Zac Wed, Jan 18, 2017 at 5:32 PM
To: "zac@ezpzfun.com"
Zachary C. Garthe | Chipman Glasser, LLC
2000 S. Colorado Boulevard | Tower One | Suite 7500
Denver, Colorado 80222
Tel: 303.578.5787 | Fax: 303.578.5790
Admitted in Colorado and the District of Columbia
From: Sacha [mailto:support@shopify.com]
Sent: Tuesday, January 10, 2017 1:53 PM
Cc: Garthe, Zac
Subject: [Shopify] Update: DMCA Takedown Notice | youwantthis.shop
You are registered as a CC on the Support Ticket 4873065.
Reply to this email to add a comment to the request.
Sacha (Shopify)
Jan 10, 15:53 EST
Hi Lindsay,
This email is to inform you that the infringing content listed in the DMCA Takedown Notice for
youwantthis.shop has since been taken offline.
Best regards,
https: //mail.google.com/mail/u/0/?ui=2&ik=9877c07 5c6&jsver=1Kuk...42198d9da637&q=dmca&qs=true&search=query&siml=159b42198d9da637
Page 1 of 3
PDF Page 59
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 58 of 71
Sacha
Your ticket ID is 4873065.
On January 10, Sacha wrote:
Hi Lindsay,
We have passed your DMCA Takedown Notices along to our respective merchants. Should you wish to cite
patent infringement we will require a separate notice as patents are handled differently. We are happy to pass
along complaints of patent infringement. Once this information is provided to our merchant, we will take no
further action in this matter, and we encourage the parties to resolve their issues outside of Shopify.
In regards to providing you with information on our merchants, under section 7.1(3) of the Canadian Personal
Information Protection and Electronic Documents Act (PIPEDA), clarifying Principle 4.3 of Schedule | of the
Act, Shopify may disclose personal information without the knowledge or consent of the individual concerned
only in certain circumstances. Subsection 7.1(3)(c) of PIPEDA allows such disclosure if Shopify is required to
comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to
compel the production of information, or to comply with rules of court relating to the production of records.
A foreign judgment can only be enforced in Canada through a court of jurisdiction, in other words, a Canadian
court. Court jurisdiction to compel is territorially defined.
Accordingly, we cannot comply with your request absent due process. We will, however, be happy to comply
with any properly issued court order that we receive.
Best,
Sacha
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http:/Awww.symanteccloud.com
https://mail.google.com/mail/u/0/?ui=2 &ik=9877c07 5c6&jsver=1Kuk...42198d9da637&q=dmca&qss=true&search=query&siml=159b42198d9da637 Page 2 of 3
PDF Page 60
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 59 of 71
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kuk...42198d9da637&q=dmca&qs=true&search=query&siml=159b42198d9da637 Page 3 of 3
PDF Page 61
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 60 of 71
oe
Cosa Weak. Wud bum.
Exhibit 3
Shopify’s DMCA Notice and Takedown
Procedure
Eazy-PZ, LLC | 17011 Lincoln Ave. #434, Parker, CO 80134
PDF Page 62
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 61 of 71
Gonail
bey od ngle
Re: DMCA Takedown Notice - thecutties.com
Mike Wed, May 3, 2017 at 9:22 AM
Reply-To: abuse+id5773785@shopify.zendesk.com
To: Zac Garthe
Mike (Shopify)
May 3, 11:22 EDT
Hi Zac,
Mike with Shopify here.
Thanks for reaching out. This email is to inform you that the DMCA Takedown Notice was passed
on to the store owner. The content listed as infringing within the DMCA Takedown Notice will be
taken offline in approximately 1 (one) business day.
Going forward we ask you submit all DMCA Takedown Notices using Shopify's new DMCA
Notice and Takedown form. You can access the DMCA Notice and Takedown form here:
https://www.shopify.ca/legal/dmca
Regards,
Mike
Your ticket ID is 5773785.
On May 05 17:58 EDT, Zac Garthe wrote:
Hello,
Please see attached DMCA Takedown Notice.
Best regards,
[[(http://i375. photobucket.com/albums/o0200/Cara_Holland/ezpz-logo_zpskls8down.png)
“Zac Garthe**
ezpz Legal
17011 Lincoln Ave. #434, Parker, CO 80134
https://mail.google.com/mail/u/O/?ui=2&ik=9877c07 5c6&jsver=1Kuk...cee7c0e73d195&q=dmca&aqs=true&search=query&siml=15bcee7c0e73d195 Page 1 of 2
PDF Page 63
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 62 of 71
ezpzfun.com
Let's be friends on Facebook, Twitter, Instagram, Pinterest and YouTube!
[ZQM7P8-4VVM]
https://mail.google.com/mail/u/0/?ui=2&ik=9877c075c6&jsver=1Kuk...cee7c0e73d195&q=dmca&qs=true&search=query&siml=15bcee7c0e73d195 Page 2 of 2
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 64 of 71
Success stories
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Shopify DMCA Notice and Takedown Procedure
Shopify supports the protection of intellectual property and asks their users to do the same. It is our policy to
expeditiously respond to clear notices of alleged copyright infringement that comply with the United States
Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office
website, https://www.copyright.gov.
It is expected that all users of any part of Shopify will comply with applicable copyright laws. If, however,
we receive proper notification of claimed copyright infringement, our response to such notices will include
removing or disabling access to material claimed to be the subject of infringing activity and/or terminating
the subscriber.
Please use the following form to report content on Shopify that you believe violates or infringes your
copyright. Should you wish not to use our online form, please provide all of the information requested below
in a written communication sent to our designated agent at the address below. In order to be effective, any
such notification must include a physical or electronic signature of a person authorized to act on behalf of the
owner of the exclusive copyright right that is allegedly infringed and must include a statement that the
information in the notification is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Please note that you
will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is
infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if
copyright laws protect the material, we suggest that you first contact a lawyer.
| Who owns the copyright?
PDF Page 68
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 67 of 71
Please select =
Copyright owner’s full name) Copyright owner's full nam
Your contact information
Please provide your contact information below. Note that your contact information may be
provided to the person that posted the content you are reporting.
First name First nam Last name |Last name Company (optional)
Mmpany (optional) Address Adares Telephone number Telephone number
Email | email
Identify your work
[If available, please provide direct link(s) to the original work (NOT to the content you are
reporting on Shopify). This can be a representative list. If not available, please ensure you provide
a detailed description of your work below.
Links to the original work
Link to original work Link to original wor! Link to original work Link to original wort Link to
original work Link to original wor Link to original work Link to original wor! Link to original
work Link to original work
|
|
Add another link Description of the original work'————— =
Please provide a description of the original work (e.g. photograph I took, product description or
blog post I wrote, video I made, etc.)
Content you want to report
Please note, you can only submit notices for one Shopify hosted store at a time. Up to 100 links for
the same store may be included in the same notice.
Links to the allegedly infringing work
Please provide link(s) to the content you believe violates or infringes your copyright on Shopify.
Ensure you have provided a comprehensive list to each individual page with the content you would
like removed and not just the main shop URL.
Link to allegedly infringing work Link to allegedly intringing | Link to allegedly infringing work
o allegedly infringing Link to allegedly infringing work |Link to allegecly infringing | Link to allegedly
infringing work |Link to allegedly infringing | Link to allegedly infringing work |Link to allegedly infringing
Add another link Description of the specific material (or portion thereof) that is claimed to be
infringing or be the subject of infringing activity and that is to be removed or access to which is to
PDF Page 69
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 68 of 71
be disabled: L a __ 44
-Declarations-
~T have a good faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law. —\I swear, under penalty of perjury, that the
information in the notification is accurate, and that | am the copyright owner or am authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed. |] acknowledge that a
copy of this infringement notice, including any contact information provided above, may be
provided to the person that posted the content being reported.
Electronic Signature
Typing your name in the box below will act as your electronic signature.
Requester signature Requester signature
Submit
Thank you for your submission.
If you’d prefer not to use our form, please mail the information outlined above to our Designated
Copyright Agent at:
Shopify Inc.
Attn: Shopify DMCA Agent
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
How to file a Counter-Notice
The provider of the allegedly infringing content may make a counter notification pursuant to sections
512(g)(2) and (3) of the US Copyright Act.
To file a counter notification with us, you must provide a written communication (by either responding
to the DMCA takedown notice email we sent you or through regular mail) that sets out the information
specified in the list 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 or
that the material or activity was removed or disabled by mistake or misidentification. Accordingly, if
you are not sure whether certain material infringes the copyrights of others or that the material or
activity was removed or disabled by mistake or misidentification, we suggest that you first contact a
lawyer.
To expedite our ability to process your request, please use the following format:
1. Identification of the material that has been removed or to which access has been disabled and the
location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, and telephone number;
. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the
federal judicial district in which your address is located]";
4. The following statement: "I will accept service of process from [insert the name of the person who
wo
PDF Page 70
Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 69 of 71
submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that | have a good faith belief that the
affected material was removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled"; and
. Sign the document with your physical or electronic signature; and
. Send the written communication to:
Shopify Inc.
Attn: Shopify DMCA Agent
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
abuse @shopify.com
sO
Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, Shopify will, in appropriate circumstances,
disable and/or terminate the accounts of users who are repeat infringers.
Designated Agent
Joseph Frasca SVP & General Counsel, Shopify Inc.
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
Shopify is only able to process complaints submitted by the copyright owner or an authorized representative.
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Case 3:17-mc-80100-SK Document1 Filed 08/04/17 Page 70 of 71
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