Takedown Notices – Why Trademarks and Copyrights are So Valuable but can Lead to Damages for Infringers
For those clients who understand the value of registered trademarks and copyrights as part of their intellectual property portfolios and the added goodwill positively impacting the value of their businesses, we’ve got even more good news for you . In addition to the added options to enforce your intellectual property rights in federal courts and the damage models that tag along with those rights, the online world continues to throw more benefits your way (we’ll share that new benefit below). Rather than absorbing the expense associated with filing lawsuits to protect holders’ rights, the Digital Millennium Copyright Act (“DMCA”) provides copyright holders the ability to send notices to online or social media providers to remove infringing uses by third parties quickly and efficiently. While the DMCA only applies to copyrights, many trademark holders have used the same process to notify internet and social media companies about trademark infringers. As you wo...