In a string of cases against Google, approximately 20 separate plaintiffs have claimed that, through advertisements on its AdWords service, Google engaged in trademark infringement. These claims have been based on Google allowing its advertisers to use their competitors’ trademarks in Google-generated online advertisements. In a recent decision emerging from these cases, CYBERsitter v. Google,… Continue Reading
Tag Archives: Safe Harbors
Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications
Posted in Copyright, DMCA, IP, Litigation, TrademarkPopular online marketplace CafePress.com suffered a legal setback recently when a U.S. District Court in the Southern District of New York denied CafePress’s motion for summary judgment against claims of trademark infringement. CafePress operates an online “print on demand” service that allows users to upload designs which CafePress then prints on a variety of items…. Continue Reading
Rough Waters: Repeat Infringer Policies and the DMCA Safe Harbors
Posted in DMCASection 512 of the Digital Millennium Copyright Act (“DMCA”) offers various “safe harbors” to online service providers (“OSPs”) for claims of copyright infringement against them arising from certain acts of their subscribers and account holders. Section 512 provides that in order for an OSP to qualify for the DMCA’s protections, it must satisfy certain requirements. One threshold… Continue Reading
Stir It Up: Bob Marley and Cease & Desist Letters
Posted in DMCASection 512(f) of the Digital Millennium Copyright Act (“DMCA”) imposes liability on those who abuse the DMCA’s notice and take-down procedures by making knowingly false claims of copyright infringement. Courts have issued sanctions on overly zealous copyright owners based on this provision, such as in the case of a voting technology firm that knowingly issued meritless… Continue Reading