Wednesday, May 25, 2016
Law firm advises: protect your brand via (c)
The advice from Drinker Biddle includes using the DMCA to get uses of your TM taken down, which is pretty much exactly the definition of one significant category of DMCA abuses. Update: I do not think that Drinker Biddle itself is advocating abusing the DMCA. I do think that the advice assumes that there is an increment of protection that one can gain by asserting copyright claims that would not be available from asserting trademark claims; it is my belief, based on the situations I've seen, that the situations within this increment are very often based on misuses or misunderstanding of the scope of IP law to suppress criticism or competition. Under Tiffany v. eBay, a website already ignores a legitimate TM-related takedown at its peril.