On Demand
Audio
Knockoffs and Takedowns: Protecting IP Rights on Social Media
Produced on December 12, 2019
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. Copyrights and patents are an important part of a company’s strategy, and understanding when protection is likely (or not) to be granted is critical in the design process.
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.
Reviews
I really appreciate the practical tips!
Excellent drilling into the specific topic -- makes it very helpful!
Extremely practical information. Well done!
Very informative.
It would be great if the speakers give a lecture focusing on the Amazon's practice.
Excellent content and presentation
Excellent presentation. Clear and explicit.
Good general presentation of complex subject it made me aware of issues I could advise clients about
Excellent presentation of complex material.
Great overview- nicely done!
Excellent coverage of topic
A model Lawline presentation. Thanks!
Great.
Comprehensive, clear and practical discussion of this topic. The speakers did an excellent job in organizing and presenting this material.
Very practical.
Clear and well-organized. Lots of useful practice tips.
Excellent presentation -- in content and delivery. Thank you!
Very clear and practical. Very clear and practical presentation.
Excellent! May have to listen again.
Excellent presenters. I learned a lot. Thank you both of you.
great
articulate teachers, good course
Excellent course.
Well organized and presented
I thought the course was excellent. It provided a wealth of practical instruction.
Eye opening!
As one who doesn't practice IP law but has an emerging stand up comedy career, I found the process for protecting social media material interesting but also very straight forward. Great work.
Great Webinar, thanks!
Practical, useful information.