Results 1 to 9 of 9
  1. #1
    Join Date
    Sep 2017
    Posts
    3

    Default Can You Use a DMCA Takedown Notice for a Trademark Violation

    Hello i am from Illinois and need to know if it legal to use a DCMA takedown for a trademark violator website
    I found a website using the trademarked name of my offline Indian food store with no website to sell fake NFL MLB NHL MLS and NBA jerseys online so i want to know if you can use DCMA takedown or not for it. I have files for poof but i cant upload them to this website for some reason

  2. #2
    Join Date
    Jan 2006
    Posts
    35,630

    Default Re: Can You Use Dcma Takedown for a Website Violating Trademark

    No. Dmca takedown notices are intended to apply to copyright issues.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    95,091

    Default Re: Can You Use a DMCA Takedown Notice for a Trademark Violation

    You can explore your options under ICANN's Uniform Domain-Name Dispute Resolution Policy.

  4. #4
    Join Date
    Sep 2010
    Posts
    16,826

    Default Re: Can You Use a DMCA Takedown Notice for a Trademark Violation

    DMCA takedowns only works if the site is hosted in the US (and the site hoster chooses to avail themselves of the OCILLA protections). It is NOT required by the law. As stated, it only applies to copyright (though many hosting locations are sensitive to trademark issues). I can almost bet that the site isn't in the US if it is selling counterfeit stuff.

    UDRP is not likely to be much help. First, you have to show that they have no good faith right to use that name. Just because it collides with an existing trademark is not sufficient. Second, it's going to COST you to persue. The arbitration fees are running over $3000 last I checked. Furhter, the aribtration is sloppy. Even with a good case you can lose a lot.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    95,091

    Default Re: Can You Use a DMCA Takedown Notice for a Trademark Violation

    Given that we don't know any of the relevant facts, I'm not going to assume that the UDRP is not going to be of use -- but yes, there are costs.

  6. #6
    Join Date
    Jan 2006
    Posts
    35,630

    Default Re: Can You Use a DMCA Takedown Notice for a Trademark Violation

    Quote Quoting flyingron
    View Post
    DMCA takedowns only works if the site is hosted in the US (and the site hoster chooses to avail themselves of the OCILLA protections). It is NOT required by the law. As stated, it only applies to copyright (though many hosting locations are sensitive to trademark issues). I can almost bet that the site isn't in the US if it is selling counterfeit stuff.

    UDRP is not likely to be much help. First, you have to show that they have no good faith right to use that name. Just because it collides with an existing trademark is not sufficient. Second, it's going to COST you to persue. The arbitration fees are running over $3000 last I checked. Furhter, the aribtration is sloppy. Even with a good case you can lose a lot.
    using the dmca for trademark issues could end up very costly for the complainant

    https://www.lexology.com/library/det...b-95215ce60a6d

    https://www.uspto.gov/sites/default/...ment-FINAL.pdf

  7. #7
    Join Date
    Sep 2010
    Posts
    16,826

    Default Re: Can You Use a DMCA Takedown Notice for a Trademark Violation

    Quote Quoting jk
    View Post
    using the dmca for trademark issues could end up very costly for the complainant
    I didn't say anything about sending DMCA takedown notices for trademark. I specifically said it applies only to copyright.

    What I did say is many providers are sensitive to trademark infringement issues. Lawyers send out cease-and-desist letters on trademark infringement all the time. There's no duty on the provider to act on it, but many will.

  8. #8
    Join Date
    Sep 2017
    Posts
    3

    Default Re: Can You Use a DMCA Takedown Notice for a Trademark Violation

    Its not just the domain name but the logo was copied and used on its website as the logo is a registered trademark the company the owns the website via whois its a Chinese company

  9. #9
    Join Date
    Jan 2006
    Posts
    35,630

    Default Re: Can You Use a DMCA Takedown Notice for a Trademark Violation

    Quote Quoting flyingron
    View Post
    I didn't say anything about sending DMCA takedown notices for trademark. I specifically said it applies only to copyright.

    What I did say is many providers are sensitive to trademark infringement issues. Lawyers send out cease-and-desist letters on trademark infringement all the time. There's no duty on the provider to act on it, but many will.
    i took your statement

    it only applies to copyright (though many hosting locations are sensitive to trademark issues).
    as something that could be construed as suggesting it may be accepted by some hosting locations.

    Just wanted to make it clear for the poster.



    1. Sponsored Links
       

Similar Threads

  1. Copyright Law: Identifying a Song in a DMCA Take Down Notice
    By Hagstrom78 in forum Intellectual Property
    Replies: 2
    Last Post: 12-03-2014, 02:05 PM
  2. Copyright Law: Do DMCA Takedown Notices Apply Overseas
    By aqsl in forum Intellectual Property
    Replies: 2
    Last Post: 11-07-2013, 11:37 AM
  3. Copyright Law: Former Website Administrator Filed a DMCA Notice
    By Charlsky in forum Intellectual Property
    Replies: 3
    Last Post: 03-19-2012, 12:59 PM
  4. Copyright Law: Apple Not Responding to DMCA Takedown Notice
    By tkz in forum Intellectual Property
    Replies: 1
    Last Post: 06-18-2010, 10:35 PM
  5. Copyright Law: DMCA Violation
    By bigcitygirl in forum Intellectual Property
    Replies: 4
    Last Post: 02-13-2009, 02:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources

Forum Sponsor
Protect Your Work
Online copyright, patent, trademark registration. Fast, easy, affordable.