Using DMCA As A Dodge Costs Host 32 Million

[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.

[EmporerEJ]

Originally Posted by pornlaw

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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.

Good plan...but a bit "simplistic," don't you think?
Trademark is something a bit more than a "one time application."

[pornlaw]

Originally Posted by EmporerEJ

Good plan...but a bit "simplistic," don't you think?
Trademark is something a bit more than a "one time application."

Please explain further... I dont think we are talking about the same thing.

[EmporerEJ]

Originally Posted by pornlaw

Please explain further... I dont think we are talking about the same thing.

Well, it's a bit more complicated, and expensive, "getting" a trademark.....
First, one must demonstrate "use in commerce, or intent to use in commerce," then, they may object to "subject matter," then comes the inevitable battle with the USPTO, that your wording/category isn't quite right, back & forth a couple times, and then of course, publish for opposition.Providing no opposers, you then go on to publish. After that, maintenance fees at intervals. and, of course, the constant policing.

Unless of course, you are referring to a state trademark?

Yes, a trademark has more "power," once obtained, but everything connected to it is expensive.

Basic Copyright is free.....to every red blooded free American.
Registration of a "body of work" is economical, and allows for high damages when violated. It's almost never challenged for registration. (Is there even a vehicle for challenging it? Not sure)

But there SURE is with trademark!



But still, an interesting strategy.

[pornlaw]

Originally Posted by EmporerEJ

Well, it's a bit more complicated, and expensive, "getting" a trademark.....
First, one must demonstrate "use in commerce, or intent to use in commerce," then, they may object to "subject matter," then comes the inevitable battle with the USPTO, that your wording/category isn't quite right, back & forth a couple times, and then of course, publish for opposition.Providing no opposers, you then go on to publish. After that, maintenance fees at intervals. and, of course, the constant policing.

Unless of course, you are referring to a state trademark?

Yes, a trademark has more "power," once obtained, but everything connected to it is expensive.

Basic Copyright is free.....to every red blooded free American.
Registration of a "body of work" is economical, and allows for high damages when violated. It's almost never challenged for registration. (Is there even a vehicle for challenging it? Not sure)

But there SURE is with trademark!



But still, an interesting strategy.

No I am referring to a federal registration.

If you are trying to do it yourself then you are correct. We rarely get office actions when we file TMs for clients. Usually doing your research first will prevent most if not all the problems and knowing the categories/classes will also prevent a lot of problems. We also make sure that clients avoid intent to use filings. That is another waste of time and money.

I would not suggest that someone try to do a TM on their own. That usually results in problems. For most TMs we charge a flat rate of $1000 and that includes the USPTO fee.

We do suggest that clients do their own copyright registrations though. They are much easier but offer less protection.

Your likelihood of success really comes down to what word/phrase/logo are you trying to trademark.

[EmporerEJ]

Originally Posted by pornlaw

No I am referring to a federal registration.

If you are trying to do it yourself then you are correct. We rarely get office actions when we file TMs for clients. Usually doing your research first will prevent most if not all the problems and knowing the categories/classes will also prevent a lot of problems. We also make sure that clients avoid intent to use filings. That is another waste of time and money.

I would not suggest that someone try to do a TM on their own. That usually results in problems. For most TMs we charge a flat rate of $1000 and that includes the USPTO fee.

We do suggest that clients do their own copyright registrations though. They are much easier but offer less protection.

Your likelihood of success really comes down to what word/phrase/logo are you trying to trademark.

Yup, a "G" including the fee is not a bad price.
I would encourage all those thinking about it to go that way.
And have some kind of unique design or word. Then you can slip it through.
But there really isn't any Rhyme or Reason to the USPTO's thinking. Depending on the day, you can pass through the door and get the wrong examiner.

Some day, I'll write a book, and then you'll hear a story that will curl your hair.

[pornlaw]

Originally Posted by EmporerEJ

Yup, a "G" including the fee is not a bad price.
I would encourage all those thinking about it to go that way.
And have some kind of unique design or word. Then you can slip it through.
But there really isn't any Rhyme or Reason to the USPTO's thinking. Depending on the day, you can pass through the door and get the wrong examiner.

Some day, I'll write a book, and then you'll hear a story that will curl your hair.

Thanks and yes "Hollywood Whores" is not going to slip through. The more unique the easier it is. The examiners can be quite difficult depending on whom you draw. But usually they are easy to deal with.

I would love to hear at least one story !!!