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.
Every online platforms are engaged in doing some kind of business. In order to differentiate their goods and services from other competitors, the website gives specific trademark. This helps the consumers to identify their actual seller. We had our client who was engaged in selling the energy drink and had a specific trademark registered under intellectual property office, India. The complainant was also engaged in selling the energy drink under same trade name. They complainant claims his copyright over the logo of the trade name over which our client got registration in India. The complainant belongs to United States and taking the help of DMCA they succeed in taking down our client’s website. Counter Notice should be subject to mistake or misidentification of the material in issue.
The issue was the trademark logo of our client which was identical to the complainant, which is subjected to copyright infringement. But the logo was 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 were no copyright infringement, the experts of LexDMCA 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 LexDMCA viably have the ability to reinstate the take down contents from the website. LexDMCA has diverse mechanical assembly to resolve the cases in least time period and tries to give 100% client satisfaction.