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socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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I had a group on Facebook that was removed, including all my

Customer Question

I had a group on Facebook that was removed, including all my contact info for all my group members, including present orders and communication . The reason that FB removed my group was copyright infringement. My group is my vehicle for selling Ariat Fatbaby Boots, and my guess is that in one place I omitted Ariat and simply said 'Fatbaby Boots'. If I can get a group started again, what advice will help me avoid this pitfall in the future ? Any help is vastly appreciated!
Laura Childers
Submitted: 6 months ago.
Category: Intellectual Property Law
Expert:  socrateaser replied 6 months ago.

Hello,

The term "Fatbaby Boots" cannot be protected by copyright, because it is a "title." 37 C.F.R. Sec. 202.1(a). However, the same term can be protected as a "trademark," in which case, it's possible that the trademark owner could have demanded removal.

The only way to know for certain would be to review both the DMCA removal notice made by the complaining party, and the original information that you displayed before it was removed (you may not have this anymore, but if you do, that would help).

If you are interested in having such a review, I will send you a premium services invitation, and we can take this matter offline.

If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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