Counter claim, is a notice stating that the allegations made against the accused is false. A DMCA Counter claim is given against a valid DMCA Notice by accused infringing website. The notice is sent to the hosting provider of the alleged website in order to reinstate the take downs. Counter claim is initiated only after proper DMCA take down is made by the host. It is not a defence to the DMCA notice rather it is a notice that allows the hosting provider to reinstate the take downs within 10-14 business days. Unless a copyright owner brings a lawsuit against the alleged website. It gives a reasonable believe that the infringing website has not infringed anyone’s copyright and the disabled materials are reinstated.
At every online website, there are people, who are involved with offering their own specific things at their own website. We had our client who was offering energy drinks at their website. Our client was from India and they are using a trademark registered under India. They also has the device mark/logo of their trademark which was similar to that of the complainant. The complainant issued DMCA Take down notice to the host of our client and take down process was initiated.
The issue was the logo of the trademark of our client which was similar to the complainant’s logo, and subjected to copyright infringement. But our client’s mark got registered in India and basis on that we could able to reinstate the website. At this intersection, Digital Millennium Copyright Act, 1988 comes into picture. It is the law in United States, which criminalizes the copying of work over which copyright exists. These act also extends the disciplines for copyright infringement in the web.
As there exist a copyright infringement, the experts of Lex Protector International Law Office managed how to give Counter Claim Notice to the alleged infringing website. Stating the proper and valid legal grounds, the notice has given to the hosting provider of our client’s website. Team Lex Protector viably have the ability to reinstate the take down contents from the website. Lex Protector has diverse mechanical assembly to resolve the cases in least time period and tries to give 100% client satisfaction.
Issuing DMCA counter claim notice isn’t an easy task. There are negative results in case you send anything incorrectly in the notice. The notice has to draft in precise manner stating the consequences of the infringement over the web. Thus it is always advised to take a help of an expert in the field of Intellectual Property Rights.