Legendary basketball player Michael Jordan is the subject of a copyright infringement lawsuit issued against Amazon on the basis that the online giant failed to comply with a takedown notice issued under the Digital Millennium Copyright Act in respect of a photograph of the star. Such takedown notices are one of the most cost effective ways that businesses can look to take action against people infringing their intellectual property rights, particularly where such infringement is taking place online.
If you notice a competitor infringing your intellectual property rights online you can issue a takedown notice to the host of the website hosting the infringement, whether it be a website hosting company or a third party website such as Amazon, eBay, Etsy or similar marketplace sites. Takedown notices are generally shorter, less involved and so cheaper than the sending of a cease and desist letter. If the third party websites subsequently remove the infringing page this can often resolve the issue, as it removes access to the online marketplace for the infringer.
Where the host or owner of the website does not comply with the request you are then able to issue legal proceedings against that company on the basis of their failure to deal with the takedown request. This appears to be what has happened in the present case concerning the Michael Jordan photograph. It is relatively rare for these type of legal proceedings to be issued and it will be interesting to see if Amazon fight this matter or if the issuing of legal proceedings achieves the desired effect of getting the content removed.
Takedown notices are quick and cheap options to try to resolve infringement issues. If you have any queries on takedown notices and the process around them please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or by email to firstname.lastname@example.org: Case Law, Civil Procedure, Copyright