Fontana, CA asked in Business Law and Trademark for California

Q: A company has filed 2 False DMCAs for a design & name that I own, how should I handle this?

The designs were taken down from my store at www.ZAZZLE.COM for false reasons but later restored when I was proven innocent. The incidents happened on two different occasions but for the same circumstances, once in 2016 and another in 2017. I gave them good faith the first time because I assumed it was a mistake but after it was repeated, it was clearly targeted copyright abuse. I don't necessarily want to sue them in court, I just want them to stop attacking me. Since this is a case of Trademark Bullying I want to make sure they don't repeat it again before I take legal action. I did send them a legal notice however describing their liability with a willingness to resolve the issue amicably, but I've yet to receive a reply.

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1 Lawyer Answer
PREMIUM
Answered
  • New York, NY
  • Licensed in California

A: You may need to provide Zazzle with proof of the other party's abuse and evidence of your IP ownership. You may also need to sue the other party for any applicable torts, possibly including libel and intentional interference with contractual relations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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