Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

Today I just found out that my company website was served a

Customer Question
takedown notice earlier this year...
Today I just found out that my company website was served a takedown notice earlier this year. I found out by randomly googling my company name and looking at the bottom of the search results I discovered the dmca take down notice. I have google webmaster tools for my company website, but I never received a noticed that there was a takedown notice. I also never received notice from the accusing company who filed the take down notice. The takedown notice requested google to remove 1 site url from the search results and referenced a few sentences on the page. To avoid any issues, I rewrote the entire section and updated the page url. I would like to notify the company and google that I removed the offending content from my website and I would like to remove the dmca notice from the search results. What is the process to get the dmca notice removed and to resolve this issue?
so-called offending page and rewritten the infringing content. What is the process to remove the dmca notice from the google search result?
Submitted: 1 year ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 7 minutes by:
9/2/2016
IP Lawyer: Alex Reese, Lawyer replied 1 year ago
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
Experience: Experienced in intellectual property law
Verified
Hello
Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
Here is the link to the dmca notice here: https://www.lumendatabase.org/notices/11992196Additional background information. I offer small business web design and development services in GA. I contacted The Logo Company earlier in a year about outsourcing any logo design requests from my web development company. I used a description of their services in my faqs page. They submitted a dmca notice on 2-3 sentences found in my faqs section. I only wanted to supply accurate information to my clients. It was easy enough for me to rewrite the offending content and update the page slug. Not too sure if that was the right thing to do. That is why I need advice.
Customer reply replied 1 year ago
hello Mr. Reese.
Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
IP Lawyer: Alex Reese, Lawyer replied 1 year ago

Hello sorry there was a problem, my response didn't go through...

Ask Your Own Intellectual Property Law Question
IP Lawyer: Alex Reese, Lawyer replied 1 year ago

So you did the right thing by changing your content so that it is not in violation, but if in fact you did not comply or respond in the first place, then the offending material would have been taken down anyway.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Alex Reese, Lawyer replied 1 year ago

You should contact both Google and your ISP regarding the matter, have you tried that?

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
It doesn't appear that the ISP is involved. It appears that the complaint was written to google to remove the page from the search results. I am trying to figure out what form to use on google's site to let them know that I have removed the content. There is a counter notice form, but the language on that form is very threatening. It appears to be for people who will not remove the content in question and want to go to court. My situation isn't that serious. I have no problem in removing the content.
Customer reply replied 1 year ago
I am trying to determine the correct process to get this resolved and to do the right thing, but also protect my reputation. If there is a form on google to resolve, I need to fill out the correct form to resolve the issue and protect myself.
Customer reply replied 1 year ago
This form here appears to be the only counter-form I see referenced in google's help: https://www.lumendatabase.org/counter_notices/new
This seems to me to be the wrong form to sign.
IP Lawyer: Alex Reese, Lawyer replied 1 year ago

Yes, you are correct, that form is for those that are contesting the take down notice, which doesn't apply here (you are past that and are not disputing anything), so this is beyond the normal process (i.e. no form that applies). There is no spcial form or language here, so as long as you can contact the right person/dept. then you can just explain in your own words the status of the situation.

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
You mean contact the company who filed the complaint? I can do that. Once I explain to them my actions, what can I expect from them as far as course of action so that google can remove the remarks from my search results page?
IP Lawyer: Alex Reese, Lawyer replied 1 year ago

You can and should definitely do that, because it will reassure them (and you have nothing to lose/hide), you can even ask them if there is anything they can do on their end to resolve the matter

Ask Your Own Intellectual Property Law Question
IP Lawyer: Alex Reese, Lawyer replied 1 year ago

But if you don't see way to contact google about the matter via your Google tools then I suggest contacting a general phone # or email to get you in touch with the right dept.

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
there is no process in place with Google that allows me to alert them that I have resolved the matter? I am also worried about getting penalized by google behind the scenes concerning my site's visibility in the search engines.
Customer reply replied 1 year ago
I've read countless articles on their site but no direct contact information for this situation.
IP Lawyer: Alex Reese, Lawyer replied 1 year ago

I have never seen a contact for this situation either, but I think if you get a hold of someone in a related dept, they can get you in touch with the right dept, that has worked in my past experience in related matters.

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
I will try that first thing in the morning. I will post my results here hopefully with good news. Thanks for your help. I am signing off for now.
IP Lawyer: Alex Reese, Lawyer replied 1 year ago

yes, best of luck! that should work

Ask Your Own Intellectual Property Law Question
Ask Alex Reese Your Own Question
Alex Reese
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
3,467 Satisfied Customers
Experience: Experienced in intellectual property law

Alex Reese is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,467 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

859 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

461 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

455 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I need someone who is familiar with trademark and logos. I
Hi, I need someone who is familiar with trademark and logos. I need to know why a dog jersey of the FC Barcelona Soccer Team is NOT a protected logo. Why is that? if all the research i've done says th… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
I received a DMCA Takedown Notice for un-infringing photos
Hi, I received a DMCA Takedown Notice for un-infringing photos that I took myself but were accused of stealing. My situation is to follow shortly after this message... … read more
Ely
Ely
Counselor at Law
Juris Doctor
455 satisfied customers
My church women's group has come up with a slogan and logo
My church women's group has come up with a slogan and logo that we would like to protect. This slogan will be used in conjuction with themed workshops with varied offerings, but still being related to… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
DMCA subpoenas are only for copyright iinfrigement what
Hi DMCA subpoenas are only for copyright iinfrigement what about for Trademark infringment … read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
Can I use the "New york life building" in a logo design? New
Can I use the "New york life building" in a logo design? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,317 satisfied customers
Im looking to copyright my car clud name and logo,
Hi JA: Hi. How can we be of help? Customer: Im looking to copyright my car clud name and logo JA: What written documentation do you have? Customer: Documentation JA: Have you talked to a local attorne… read more
Amadeo Rivera
Amadeo Rivera
JD
82 satisfied customers
I have design and made logo of New England Patriots Rings
I have design and made logo of New England Patriots Rings and sell T-shirt. I need help in this regard. … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,317 satisfied customers
I have a question In October of last year, I created a logo.
I have a question In October of last year, I created a logo. To do it, I used parts of files that were public domain or royalty free, and the main item, a pig, I had a freelancer draw for me. I used "… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,317 satisfied customers
We have been using a particular symbol as our logo for over
We have been using a particular symbol as our logo for over a quarter of a century but never got it the trademark. Now we're seeing others in the very same industry starting to utilizing the identical… read more
Kendell Kelly, Esq
Kendell Kelly, Esq
Kendell R Kelly, Esq
Doctoral Degree
588 satisfied customers
For trademark attorney, I applied our business logo design
For trademark attorney, I applied our business logo design for our clothing line for trademark. it's still in process, I submitted our logo design shown on neck label of t shirt to the trademark offic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I have a logo that is inspired by a famous artist, Basquiat.
HI there! I have a logo that is inspired by a famous artist, Basquiat. It is the the recognizable crown. Though, through my research online and even the copyrighted database I have found that image is… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
461 satisfied customers
I would like to copyright or protect a logo or avatar
hello ,I would like to copyright or protect a logo or avatar created by my now deceased son for non-profit purposes. Is this possible? And if so how? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,317 satisfied customers
I'm creating a logo for a client. They want an image of a
I'm creating a logo for a client. They want an image of a lighthouse with a silhouette of a man cut out. I found a silhouette of a man (no particular man just an image) on google. Is it considered cop… read more
socrateaser
socrateaser
1,031 satisfied customers
I have an idea for a Salon logo. It is the Rx symbol with
I have an idea for a Salon logo. It is the Rx symbol with the X attached to the R in the shape of a pair of scissors.… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I designed a logo and other advertising material for a third
I designed a logo and other advertising material for a third party, I was in a partnership with before the relation went sour and ended up in civil court. in summary, the judge ruled in my favor and o… read more
LawyerDavid
LawyerDavid
Vice President & General Counsel
Juris Doctor
378 satisfied customers
I want to trademark a logo and business name. It's called
I want to trademark a logo and business name. It's called "Summit Strength" but there is already a registered "Summit Strength and Conditioning" out there. Do I have a shot?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I sent in a DMCA to Automattic.com and received a response:
I sent in a DMCA to Automattic.com and received a response: The material identified does not appear to be copyrightable subject matter. See http://www.copyright.gov/help/faq/faq-protect.html for more … read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
If a company logo is trademark or trade dress (logo with an
If a company logo is trademark or trade dress (logo with an image, then verbiage under the image with the company's address/location), if a graphic designer uses the verbiage and cuts off the logo ima… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x