Legal Question in Intellectual Property in New York
counterfeit sales on internet
Hello,
a web hosting company is hosting a website that is selling counterfeit clothing.
Who is responsible for taking down the counterfeit items - the website or hosting company?
And would both be liable?
Asked on 10/25/07, 12:05 pm
2 Answers from Attorneys
Michael Stewart
Michael D. Stewart
Re: counterfeit sales on internet
If the hosting company knows of the infringement it can be liable. You can move to take down the infringing material with the host with a variety of techniques.
Answered on 10/25/07, 12:08 pm
Kristen Browde
Browde Law, P.C.
Re: counterfeit sales on internet
Both may be liable under certain circumstances, involving proper notification and refusal to cease unlawful conduct.
Answered on 10/25/07, 12:15 pm
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