Webcast
Knockoffs and Takedowns: Protecting IP Rights on Social Media
Streams live on Thursday, December 12, 2019 at 11:30am EST
Course Information
Course Description
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:
- Evaluate copyright and trademark rights regarding a product and determine if additional IP filings can or should be made
- Examine 17 USC § 512: the safe harbor, takedowns, and counter-notifications
- Discuss the takedown process: conducting searches on social media sites, establishing protocol for record keeping and reporting, and submitting takedown requests
- Review how to respond to counter-notifications and using them to advance your goals
- Identify alternatives to takedowns: PR, cease and desist letters, and targeted lawsuits
Credit Information
Faculty
Amy Goldsmith
Tarter Krinsky & Drogin LLP
Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the Intellectual Property Group at Tarter Krinsky & Drogin, Amy B. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing and enforcement.
She will advise you whether your trademark is available in the United States and globally, if patents should be a part of your strategy, and if your design team’s new product shares too many features of the competition’s copyrighted bestseller. She will design contracts that make sense. Amy will also guide you through the clearance process, whether the subject matter is books, movies or live action. If a dispute is on the horizon, she will be by your side until a fair resolution is reached. If knock-offs are all over social media platforms, Amy will help you take them down.
Amy protects the global interests of national and international clients in a wide variety of industries, including fashion, jewelry, cosmetics, food and nutraceuticals, pet products, publishing, medical devices, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods. Amy will help you design privacy policies and terms of use that make sense in the global world in which you operate.
She has been a Vice President of the New York Women's Bar Association and currently is Co-Chair of the CLE Committee. She is also a member of the American Bar Association and the International Trademark Association (INTA) and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy. Amy also was a speaker at and served on the Advisory Board for TedxTimesSquare.
Before joining Tarter Krinsky & Drogin, Amy was a partner at Gottlieb, Rackman & Reisman, P.C.
Joel H. Rosner
Tarter Krinsky & Drogin
Joel H. Rosner is a counsel in the Litigation practice. He regularly represents clients in commercial, intellectual property and defamation litigation in the state and federal courts and in arbitrations. With a strong understanding of his clients’ business needs, he assists in complex litigation matters concerning trademark, copyright and patent rights, contract disputes, fraud
Prior to joining Tarter Krinsky & Drogin LLP, Joel was an associate at Kornstein Veisz Wexler & Pollard LLP and an Assistant Corporation Counsel with the New York City Law Department.