New
Takedowns: Enforcing Your Ip At Marketplace Speed
Takedown vs. Lawsuit
A takedown can often be resolved in weeks to a few months, at a cost that is modest relative to litigation and generally predictable.
Takedowns have limits: they usually do not yield damages, discovery, or binding precedent, and repeat offenders can turn enforcement into whack-a-mole. Takedowns may complement litigation rather than replace it.
Copyright takedowns may be reversed. Under the DMCA, a valid counter-notice can lead to restoration of the material 10–14 business days after the platform receives it, unless the rights holder timely notifies the platform that it has filed a lawsuit seeking to stop the infringement.
Trademark takedowns have limits too. Resale of genuine goods is generally lawful, and platforms may penalize overbroad or repeatedly unsupported complaints.
Patent takedowns may carry risks. These include: a suit in the accused seller’s home forum, a declaratory judgment action or a challenge at the U.S. Patent and Trademark Office (USPTO), and… Read the complete article here...
Copyright © by Ballard Spahr LLP
Popular Products
-
Pet Oral Repair Toothpaste Gel$59.56$29.78 -
Opove M3 Pro 2 Electric Massage Gun$901.56$450.78 -
Portable Electric Abdominal Massager ...$45.56$22.78 -
Bee Venom Capsules for Joint Support ...$43.56$21.78 -
Ashwagandha & Black Cumin Seed Oil$43.56$21.78