First, the bad news
In a landmark decision in July 2008, a U.S. District Court wrote that brand owners must be responsible for monitoring the infringement of its trademarks, not online retailers such as eBay®. According to this landmark case, it is the trademark owner’s burden to police its mark and companies like eBay cannot be held liable for trademark infringement based solely on their generalized knowledge that trademark infringement might be occurring on their websites” wrote Judge Richard Sullivan.
Now the good news
Did you know that IPCybercrime was retained by a coalition of some of the world’s largest luxury brands to create new law that would compete with this decision? Yes! That’s completely true. Pinch yourself. You’re not dreaming. In his landmark decision in Chloe SAS et al v. Sawabeh Information Services Co. Federal Judge Gary Allen Fees stated:
Defendants must monitor their websites on an on-going basis for compliance and must—upon written notice—remove or disable access to any listing that Plaintiffs identify as infringing or that otherwise comes to Defendants’ attention as infringing Plaintiffs’ marks… …The private investigators involved in this case have a substantial track record in federal court litigation. “Evidence adduced through Rob Holmes’ and IPCybercrime’s internet investigations has been relied on by multiple courts finding in favor of famous plaintiff brand owners such as Louis Vuitton, Chanel, Microsoft, Gucci, and others.”
The team at IPCybercrime has experience in all steps of online brand protection. For a new company, we can come in and train your employees to better detect offenders online and report those violations. For more seasoned departments, we can be your ‘right hand’ when quarterbacking an elaborate program. Whichever the case, we are a good fit for your company if you have a valuable brand to protect.