tag:blogger.com,1999:blog-6993165553021868648.post5279642317760127085..comments2024-03-27T05:39:24.505-04:00Comments on Nerdly Pleasures: The Ownership of and Issues with the ColecoVision TrademarkGreat Hierophanthttp://www.blogger.com/profile/04409413307024477304noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-6993165553021868648.post-76138552397248322662017-06-08T19:22:14.324-04:002017-06-08T19:22:14.324-04:00Facebook has a form for takedown infringment taked...Facebook has a form for takedown infringment takedown notices which presumably does not invoke the DMCA : https://www.facebook.com/help/440684869305015/ It will take down content it believes is infringing in that the "That use is likely to confuse consumers about the source, endorsement or affiliation of the person’s goods or services". Fortunately it does have an appeals process. <br /><br />There is support in the caselaw to argue that a wrongful invocation of the DMCA in a takedown notice based on trademark infringement can lead to damages and attorneys fees pursuant to 17 U.S.C. 512(f). Crossfit, Inc. v. Alvies, No. 13-3771 SC, 2014 U.S. Dist. LEXIS 7930, at *6 (N.D. Cal. Jan. 22, 2014)<br />Great Hierophanthttps://www.blogger.com/profile/04409413307024477304noreply@blogger.comtag:blogger.com,1999:blog-6993165553021868648.post-4153388839010658702017-06-07T14:56:43.856-04:002017-06-07T14:56:43.856-04:00Was sent a link to this article. Can offer a bit o...Was sent a link to this article. Can offer a bit of information.<br /><br />I built my one-off Coleco portable in December 2005. You can see my archived page here: https://web.archive.org/web/20051231232605/http://benheck.com:80/<br /><br />In March 2008 River West Brands contacted me about "authorizing my use of their trademark". Basically coming to an agreement (posthumously) that it was OK that I used the logo a few years prior. I also gave them the files of my re-created Colecovision logo.<br /><br />So yes they authorized my use of the logo, but over 2 years after I built a one-off item.<br /><br />Anonymoushttps://www.blogger.com/profile/18204431488906454810noreply@blogger.comtag:blogger.com,1999:blog-6993165553021868648.post-72036202885660137862017-06-07T14:21:43.644-04:002017-06-07T14:21:43.644-04:00It does not appear that the takedown notice portio...It does not appear that the takedown notice portion of the DMCA, 17 USC § 512, applies to other forms of intellectual property : patents, trademarks and trade secrets. Coleco Holdings indicated that the challenged content was infringing. Assuming for the sake of argument that it was infringing, what authorization did Coleco Holdings have from the copyright owners to act on their behalf as required by 17 USC § 512(3)A)(i)? The current copyright holders of these games presumably are companies like Konami, Bandai Namco and Square Enix. I would find it unlikely that they gave their permission to a small company like Coleco Holdings to act as a voluntary copyright enforcement agent. If not, the takedown notice would be invalid. <br /><br />But before anyone gets excited at the prospect of having Coleco Holdings shell out for their damages and attorney's fees, one needs to read 17 USC § 512(f), "Misrepresentations", very carefully. Subsection (f) will award damages and attorney's fees to the alleged infringer if "Any person who knowingly materially misrepresents under this section--<br />(1) that material or activity is infringing". Here Coleco Holdings may be correct that the material is infringing, but they had no authority to issue a takedown notice. It might be difficult to present a theory of actual damages to a court for misuse under these circumstances, and attorney's fees may not be available. The best course for the alleged infringer would be to point out the flaw in the notice to the service provider and hopes it restores the infringing material.Great Hierophanthttps://www.blogger.com/profile/04409413307024477304noreply@blogger.comtag:blogger.com,1999:blog-6993165553021868648.post-30215428364607651302017-06-07T11:54:54.103-04:002017-06-07T11:54:54.103-04:00I thought you can't use DMCA takedowns for tra...I thought you can't use DMCA takedowns for trademark infringements. And if you are going to use DMCA then you have to be the owner of the violated copyrights. Further someone making a bogus dmca takedown request could be liable for damages. Damages being compensation for the affected party's legal fees and time to straighten things out.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6993165553021868648.post-4789144585642815682017-06-07T10:15:58.784-04:002017-06-07T10:15:58.784-04:00Really interesting read - well researched and info...Really interesting read - well researched and informative. Thanks for your effort.Anonymoushttps://www.blogger.com/profile/13834550790974791024noreply@blogger.comtag:blogger.com,1999:blog-6993165553021868648.post-68468449286827675032017-06-05T17:36:22.218-04:002017-06-05T17:36:22.218-04:00This is a pretty epic takedown of ColecoTM. Are yo...This is a pretty epic takedown of ColecoTM. Are you a lawyer?Anonymousnoreply@blogger.com