Knockoffs and Takedowns: Protecting IP Rights on Social Media

In this program, Tarter Krinsky & Drogin attorneys Joel H. Rosner, Counsel in the Litigation Practice, and Amy B. Goldsmith, Co-Chair of the Intellectual Property Practice, explain how to remove knockoff products from social media platforms such as Instagram, eBay, Etsy, and Facebook and take other measures to stop the infringing behavior. The first step is to determine what IP rights exist with respect to the infringed product. Next, Mr. Rosner and Ms. Goldsmith will review the safe harbor, takedown, and counter-notification provisions of the Digital Millennium Copyright Act.  Then, they will focus on the functional aspects of conducting social media searches, record keeping and data management, and submitting takedowns, including the approaches of takedowns of the various platforms and how to overcome rejections. Lastly, Ms. Goldsmith and Mr. Rosner will discuss counter-notifications under the Digital Millennium Copyright Act and alternatives to takedowns, including cease and desist letters and targeted lawsuits.

Learning Objectives:

1. Evaluate copyright and trademark rights regarding a product and determine if additional IP filings can or should be made
2. Examine 17 USC § 512: the safe harbor, takedowns, and counter-notifications
3. Discuss the takedown process: conducting searches on social media sites, establishing protocol for record keeping and reporting, and submitting takedown requests
4. Review how to respond to counter-notifications and using them to advance your goals
5. Identify alternatives to takedowns: PR, cease and desist letters, and targeted lawsuits