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[return to "Itch.io Taken Down by Funko"]
1. leafo+W4[view] [source] 2024-12-09 08:19:52
>>spiral+(OP)
I'm the one running itch.io, so here's some more context for you:

From what I can tell, some person made a fan page for an existing Funko Pop video game (Funko Fusion), with links to the official site and screenshots of the game. The BrandShield software is probably instructed to eradicate all "unauthorized" use of their trademark, so they sent reports independently to our host and registrar claiming there was "fraud and phishing" going on, likely to cause escalation instead of doing the expected DMCA/cease-and-desist. Because of this, I honestly think they're the malicious actor in all of this. Their website, if you care: https://www.brandshield.com/

About 5 or 6 days ago, I received these reports on our host (Linode) and from our registrar (iwantmyname). I expressed my disappointment in my responses to both of them but told them I had removed the page and disabled the account. Linode confirmed and closed the case. iwantmyname never responded. This evening, I got a downtime alert, and while debugging, I noticed that the domain status had been set to "serverHold" on iwantmyname's domain panel. We have no other abuse reports from iwantmyname other than this one. I'm assuming no one on their end "closed" the ticket, so it went into an automatic system to disable the domain after some number of days.

I've been trying to get in touch with them via their abuse and support emails, but no response likely due to the time of day, so I decided to "escalate" the issue myself on social media.

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2. safety+jy[view] [source] 2024-12-09 12:54:47
>>leafo+W4
So it sounds like this was DMCA abuse by Funko, aided and abetted by BrandShield, and it resulted in damages to you. Also sounds like iwantmyname just went along with it, they are probably conditioned to do so by the rules.

I would write up a complaint and send it to the incoming FTC Commissioner. Yes, I'm serious. From the signals Trump is sending if there is ever a time when Republicans may support some form of DMCA reform, it's now. He's on record talking about punishing Big Tech and supporting "Little Tech." You're Little Tech. Send copies of your letter to Funko and BrandShield. Also reach out or at least send a copy to Matt Stoller, the guy who publishes a very popular newsletter about monopoly, anti-trust and corporate abuse in America, he will be interested. Go for the throat.

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3. Mindwi+QG[view] [source] 2024-12-09 14:08:55
>>safety+jy
Given the OP and admin in the comments explicitly say that this wasn't a DMCA claim it would rather hurt any campaign to lie and say it was.
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4. tremon+PK[view] [source] 2024-12-09 14:43:40
>>Mindwi+QG
But the DMCA is the only legal mechanism for demanding swift action from a registrar/hosting party without the involvement of a judge, at least FAFAIK. So if this wasn't a DMCA takedown, then the registrar was acting completely of their own volition and should be liable for all fallout.
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