Intellectual Property Law

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Intellectual Property Law

DMCA subpoenas are only for copyright iinfrigement what

Customer Question
Hi DMCA subpoenas are...
Hi DMCA subpoenas are only for copyright iinfrigement what about for Trademark infringment
JA: Is the trademark federally registered?
Customer: yes for aabout 2 years
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: trademark is fine. We are looking to serve a subpoena to eBay for trademark infringement of counter dit boots and would like a lawyer ton handle it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: There is no need to file a law suit according to eBay a subpoena so they refer who the seller is
Submitted: 4 months ago.Category: Intellectual Property Law
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Answered in 2 hours by:
8/9/2017
IP Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Intellectual Property Law
Satisfied Customers: 1,491
Experience: Attorney
Verified

Dear Customer ,

Thank you for posting your legal intellectual property law question.

The DMCA pertains to infringing content posted on a webproviders' page. The take down notice is used to attribute liability to the web provider in addition to the person or entity in breach of a person's copyright.

In the case of infringement to your trademark you need to send a trademark infringement letter siting your registration details and the in the alleged infringement demanding the infringer to cease and desist from infringing your trademark rights.

You will need to start a civil complaint against the company before you can subpoena information.

It is possible for me to review your letter or any other element of your case as an additional service to this question and answer service; just let me know and I can make an offer available.

In relation to my answer today.

Remember now to rate positively before exiting.

This gives me a credit for my time and assistance.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS today.

Thanks

Attorney Bill

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Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Intellectual Property Law
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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).

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