Do the safe harbor provisions of section 512(c) apply to instances of alleged trademark infringement?
Section 512(c) does not pertain to instances of trademark infringement. Sub-section (1) states, ?a service provider shall not be liable for . . . infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider . . . .? (emphasis added). On its face, therefore, 512(c) is not applicable to a situation in which a trademark holder gives notice to an on-line service provider (OSP) (see What defines a service provider under Section 512…?) that a user is infringing his or her intellectual property rights. However, in the absence of any caselaw on the subject, should a trademark holder bring a claim for contributory infringement, an OSP might be able to mount a valid defense by analogy to section 512(c). See also Can an online service provider (OSP) be held contr…?.
Related Questions
- To qualify for a DMCA Safe Harbor, do ISPs need to respond to notices for takedowns of alleged P2P infringements?
- Is the current de minimis safe harbor in Treasury Regulation section 301.7701-15(b)(2) is still in effect?
- Do the safe harbor provisions of section 512(c) apply to instances of alleged trademark infringement?
