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Author Topic: "Take Down Notice" for trademark infring  (Read 2329 times)

mikepro1

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"Take Down Notice" for trademark infring
« on: 03-28-07 at 09:28 pm »

Is a takedown notice only used for copyright infringement, and if so, what is the equivalent for trademark infringement?  

Thanks
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JSonnabend

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Re: "Take Down Notice" for trademark inf
« Reply #1 on: 03-29-07 at 06:10 am »

There is no DMCA for trademark, hence no "take down notice" provision for trademark per se.  In fact, there is no "take down" requirement under copyright, either.  The "take down" provisions of the DMCA are a voluntary safe harbor for service providers, not mandatory.

In the trademark context, you can send a C&D letter or other notice/request to an isp/host, and such notices are often effective.  I've even sent DMCA style "take down" notices in trademark matters to positive effect, even though the DMCA safe harbor doesn't extend to TM's.  

Additionally, many entities, like eBay, for instance, have specific TM infringement policies and procedures in place.

- Jeff
« Last Edit: 03-29-07 at 06:11 am by JSonnabend »
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



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