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ARTICLE · 12 MAY 2022

Take Down Policies And Social Media Sites

Once a trademark owner has identified infringing content on a social media site, an assessment must be made concerning the steps the trademark owner should take.

CanadaIntellectual Property

Once a trademark owner has identified infringing content on a social media site, an assessment must be made concerning the steps the trademark owner should take. A good starting point is to consider the intellectual property policies of the social media site in question. Frequently these policies will address both copyright and trademark claims.

Amazon, eBay and Alibaba offer detailed programs. In addition, Google has a policy that allows for the removal of web pages selling counterfeit goods from Google search results. To initiate the removal process, brand owners or their authorized agents must submit a complaint.

Copyright Claims

The copyright policy of most sites will likely comply with the US Digital Millennium Copyright Act (DMCA). The DMCA creates a safe harbour for social media site operators against copyright infringement liability, so long as they meet specific requirements. The requirements include promptly blocking access or removing infringing

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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