DMCA / Trademark infringement notice

by sggl
14 replies
Today I received a message from my hosting provider which is name com that i cannot use their hosting any more due to DMCA / Trademark infringement notice from Softlayer

Can anybody explain what does it mean?
Sorry if wrong thread. I'm shocked
#dmca #infringement #notice #trademark
  • Profile picture of the author ForumGuru
    Banned
    So you have a website but you don't know what a DMCA notice is? Seriously?

    DMCA Protection & Takedown Services

    http://www.copyright.gov/legislation/dmca.pdf

    As far as trademarks and DMCA go....

    In Closing

    The law is rarely clear. This is one exception. The Digital Millennium Copyright Act does not apply to trademarks.
    http://www.socalinternetlawyer.com/d...to-trademarks/\

    The DMCA safe harbor provisions only apply to claims of copyright infringement. Therefore, they do not provide any protection against trademark claims, whether for trademark infringement, trademark dilution, or cybersquatting. There may be times when you receive a DMCA takedown notice for material that is technically not eligible for safe-harbor treatment, like an allegedly infringing use of a trademark. If it satisfies the complaining person that you take the material down, and you have no serious objection, you might want to do so.
    http://www.dmlp.org/legal-guide/trad...erated-content

    Did you also get a Cease and Desist?
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    • Profile picture of the author sggl
      Originally Posted by ForumGuru View Post

      So you have a website but you don't know what a DMCA notice is? Seriously?

      DMCA Protection & Takedown Services

      http://www.copyright.gov/legislation/dmca.pdf

      As far as trademarks and DMCA go....



      Does The DMCA Apply To Trademarks?



      Trademark: User-Generated Content | Digital Media Law Project

      Did you also get a Cease and Desist?

      i heard something, but why didn't hosting provider didn't allow me to removed infringed content and instead just shot down the site?
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      • Profile picture of the author ForumGuru
        Banned
        Originally Posted by sggl View Post

        i heard something, but why didn't hosting provider didn't allow me to removed infringed content and instead just shot down the site?
        You'd have to ask them. Did they (or any others) try contacting you and maybe you missed it? No Cease and Desist came either?
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      • Profile picture of the author Winning34
        Originally Posted by sggl View Post

        i heard something, but why didn't hosting provider didn't allow me to removed infringed content and instead just shot down the site?
        Because there would be no downside for copyright thieves if they did that. They'd have a big upside (when they don't get caught) and no downside. They'd be on a freeroll.

        Your question is like a bank robber saying "if I give you the money back, will you drop the charges?"
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  • Profile picture of the author Jeff Burritt
    Basically you registered a domain name which violates someone else's Trademark. Kinda like thinking that because www.Disney.book is available now, you could buy it and put up a travel booking site for vactions to Disneyland. But it won't work, because Disney is trademarked and won't allow anyone else to use it's name without their express permission.
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    • Profile picture of the author sggl
      Originally Posted by Jeff Burritt View Post

      Basically you registered a domain name which violates someone else's Trademark. Kinda like thinking that because www.Disney.book is available now, you could buy it and put up a travel booking site for vactions to Disneyland. But it won't work, because Disney is trademarked and won't allow anyone else to use it's name without their express permission.
      actually, it's content of the site not domain which is in issue
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      • Profile picture of the author ForumGuru
        Banned
        Originally Posted by sggl View Post

        actually, it's content of the site not domain which is in issue
        If your use was clearly not fair use, and you had a lot of stolen content posted, the host may have pulled the plug first and is worrying about your counterclaim later, if at all.
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  • Profile picture of the author JohnMcCabe
    Originally Posted by sggl View Post

    Today I received a message from my hosting provider which is name com that i cannot use their hosting any more due to DMCA / Trademark infringement notice from Softlayer

    Can anybody explain what does it mean?
    Sorry if wrong thread. I'm shocked
    Short version: You screwed up and got caught and now this host is terminating you.

    Read the links ForumGuru gave you, and if you're still shocked, take it up with name.com.
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  • Profile picture of the author Kay King
    it's content of the site not domain which is in issue
    Because you didn't back up your site?

    Try google and wayback machine to see if you can find a cached copy.
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  • Profile picture of the author multimastery
    Usually a host will give you an opportunity to remove the alleged content in violation. They usually don't just boot you out the door with giving you a chance to respond to the claim. You should definitely contact them. Maybe sent a notice out to you and it got caught up in the spam folder or something.
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  • Profile picture of the author BradVert2013
    It means exactly what they told you - you cannot use their hosting anymore because of a trademark infringement.
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  • Profile picture of the author ChrisBa
    You could always contact them and see what they say
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  • Profile picture of the author Kay King
    More to the story?

    When asked "did you get a cease and desist?" the OP answered:

    I heard something, but
    Does that mean you did get a notice - and ignored it?
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  • Profile picture of the author naveenselva
    A federal district court in California agreed that CrossFit’s use of a DMCA takedown notice to resolve a trademark matter may violate § 512(f) and refused to dismiss Alvies’ counterclaim, explaining that she â€"plausibly alleged” a material misrepresentation. The lesson here is that a DMCA takedown notice should be used only to address copyright violations.
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