[pornlaw]

This is a huge decision in regards to contributory trademark infringement which is much different that copyright infringement.

The DMCA has killed copyright claims, but it doesnt appear to effect trademarks. We have been telling clients for years to secure the proper trademarks in regards to their business and content. If you do not have your name trademarked you should seriously consider it.

I am curious to see if there is an appeal. I would assume so but if upheld on appeal this decision will give online adult businesses an approach to take with those violating their trademarks. I would advise everyone to watermark their content with a trademarked logo. You can always use the trademark as a way to force the ISP to take the content down if they ignore the copyright. Best of all the trademark is a one time application and doesnt require you to get registrations on each piece of content.