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How to report copyright infringement on Facebook

Table of Contents:

Last updated on: May 10, 2023

Social media is a slippery zone when it comes to copyright infringement. Some may feel that Facebook and copyright infringement go together like two peas in a pod, especially with Facebook Marketplace scams and the recent growth of social commerce with Facebook Shops . 

Fortunately, the social media giant provides an easy avenue for rights owners to pursue if they find copyright infringement on Facebook. We’ll go over exactly how to use the tool here. 

Summary: 

• How to report a copyright infringement on Facebook step-by-step
• The process of takedown and counter-notices
• Are individuals allowed to post infringing content?

Facebook takes intellectual property rights seriously, and it makes it fairly easy to report copyright infringement . Here’s what you need to do.

Step 1: Begin your claim

If you want to report an intellectual property infringement , start by visiting Facebook’s online copyright report form here . You can choose either copyright or trademark infringement. Only the intellectual property rights owner or legal representative is allowed to report a violation.

Step 2: Reaffirm your purpose

This step exists to make sure only real infringement claims are filed here. Notice that the last two options deal with rights violations, while the others are about other problems like hacked and fake accounts. If you select any of these other options, it will lead you to the corresponding page in Facebook’s Help Center. 

Step 3: Enter your contact information

This step is pretty basic. Just enter your contact info and specify whether you or your client owns the IP. Also, note that your email will be shared with the infringing party, so you might want to use a generic business email account to report copyright infringement on Facebook.

Step 4: Link to infringing content

In this next step, you’ll paste the infringing URL(s) and say whether it’s an ad, post, or album. You can also select the reason for making the Facebook intellectual property infringement claim. 

Facebook’s reporting tool works best when you can save and submit exact URLs. If you don’t have one, Facebook will give you a little lesson on how to locate the URL for a webpage and warn you that the claim tool might not work without one.

Step 5: Provide your copyrighted works

The last step in the process of reporting copyright infringement on Facebook is to provide URLs or attachments of authorized examples of your work. In the attachments section, you can upload other documents like certificates and licenses but you aren’t required to do so. 

After that, agree to the statement of declaration and submit your claim.

What happens next

After you submit a copyright report form on Facebook, it will review the case. If you’ve provided good evidence, Facebook will simply remove the offending link, photo, or video from the site. 

Next, the alleged infringer is able to submit an appeal under the United States Digital Millennium Copyright Act ( DMCA ) or contact you directly to submit a counter-notice. It’s not clear if the recipient has a certain number of days in which to counter. 

If you are forwarded a DMCA appeal, you have 10 to 14 business days to file a court action against the alleged infringer. If you don’t respond in that timeframe with a filing, Facebook can reinstate the content you had reported. 

How to contact Facebook’s designated agent by mail

If snail mail is your thing, you can contact Facebook’s DMCA-designated agent at the address below: 

• Facebook, Inc.
• Attn: Facebook Designated Agent
• 1601 Willow Road
• Menlo Park, California 94025
• 650.543.4800 (phone)

If you choose to go this route, you need to create a copyright report form on Facebook, which includes the following information:

• Your contact information (name, mailing address, and phone number)
• A description of the copyrighted work that you claim has been infringed on Facebook
• A description of the content on our site that you claim infringes your copyright
• URLs of infringing content
• A declaration that use of the copyrighted content is not authorized, you’ve provided accurate information, and you are the owner or authorized agent of the rightsholder
• Your electronic or physical signature

Can individuals legally post copyrighted content on their Facebook pages?

According to Facebook’s terms, users are only allowed to post content that doesn’t violate the IP rights of someone else. Of course, many people share photos, videos, and quotes all day long. Copyright law allows for fair use of material, which permits quotation, review, parody, and criticism. The bottom line is that Facebook allows rights holders to claim copyright infringement, and the website takes these claims seriously.

As you can see, reporting a copyright infringement on Facebook is very simple. The not-so-simple thing is to stay on top of all possible infringements on social media. Since it’s so easy to create accounts, counterfeiters can use a profile until it’s taken down and then pop up somewhere else. To combat this, Red Points’ Anti Piracy software can use machine learning and AI to constantly scan social media platforms in search of copyright infringement. Then you can review possible infringements and select which ones to file claims on. Find out how the tech works here .

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How to Deal With Copyright Infringement on Facebook

By Sam Burrett

Updated on October 30, 2023 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

Which Material is Protected?

What is considered infringement, is all unauthorised use infringement, how to deal with infringement, key takeaways.

Copyright infringement on Facebook occurs when your original material is used without your consent. Infringement can be as simple as uploading a video that includes footage from your work or posting a photo that you have taken. However, even if these infringements seem small, Facebook activity is not a loophole for avoiding copyright infringement. This article explains what copyright infringement is and the steps to consider when you encounter it on Facebook.

Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.

In Australia, copyright is an automatic protection . This means that you do not have to apply for protection for your work, it occurs as soon as your work takes a physical form. It protects:

• literature;
• dramatic works;
• broadcasts, and
• sound recordings.

However, it does not protect mere ideas or concepts.

For example, J.K. Rowling had no claim to the idea of ‘Harry Potter and the Philosopher’s Stone’ until she penned the first chapters. Once the story was written down, the work gained copyright protection.

You have exclusive rights over your material. These rights allow you to reproduce your work or communicate it to the public (such as by posting it on Facebook). Where someone else uses a substantial part of the work without your authorisation, they are infringing on your rights.

One of the most prolific examples of copyright infringement on Facebook is the re-posting and re-uploading of videos without permission. Sometimes, the violation is obvious. However, original videos are sometimes collated into ‘compilations’ and may be harder to detect.

To infringe copyright, the infringer must use a substantial part of your work. A substantial part is a vital or important part of the material. It need not be a whole chapter or an entire video, but rather, a key aspect of the material. It must be central to the work’s originality and recognisable as the original work.

In addition, there are exceptions to copyright infringement. Copyright material can be used without your consent for:

• research or study;
• criticism or review;
• parody or satire; and
• reporting the news.

In addition to satisfying one of the purposes listed above, the use of the copyright material must be ‘fair’. This is determined on a case-by-case basis.

While the extent of this exception can be complicated, an example of fair use might be reposting an article to critique the work.

However, simply reposting the article to attract others to critique it is unlikely to be deemed as ‘fair’.

The best way to approach infringement will depend on a number of factors. These include the nature of the infringement and who has infringed your work. It may be necessary to combine the strategies below to get the best result.

1. Contact the Infringing Party

If you want the material taken down, try and reach out to the infringing party. Sometimes, all that is needed is a demonstration of your ownership of the work and a request to have it removed.

It’s a good idea to take a screenshot of the infringement and bookmark the page in case the other party denies the allegation. Sometimes, approaching these situations amicably but firmly can lead to a speedy resolution.

2. Facebook’s Dispute Resolution Process

Facebook has an online form that you can use to submit a claim of copyright infringement. You will need to have the following information:

• your own details;
• a description of the copyrighted work;
• a description of the infringing content or post; and
• information about the location of the material (such as a URL).

After you have submitted the form online, Facebook may send a response requesting more information. If they remove the content as a result of your report, the other party will receive your contact information. This means that the person who posted the material may reach out to you if they think Facebook should not have removed it.

3. Cease and Desist Letter

A cease and desist letter is a formal letter that shows the infringing party that you are taking the matter seriously. If the infringement is particularly serious or the infringer has profited off your work, you may want a lawyer to draft the letter.

A cease and desist letter does not begin legal proceedings. Rather, it attempts to resolve the dispute without court action. It asserts the gravity of the situation and your legal position as the copyright holder. However, it may also lead to further negotiations or the commencement of legal proceedings. Either way, a properly drafted cease and desist letter will give you a greater chance of a successful outcome.

4. Going to Court

Going to court may be necessary if negotiations fall through and a cease and desist letter is ineffective. Before going to court, it’s important to think seriously about what you want. Legal proceedings are expensive and, in some cases, the cost of pursuing a claim may outweigh the benefits of a successful claim.

The outcomes available to you as a result of copyright infringement include a:

• court order for the infringer to remove your material (this is known as an injunction );
• payout of compensation (this is known as damages ); or
• payout of any profits that the other party earned from infringing your copyright.

In most cases, damages are difficult to prove because it can be hard to establish how much money you lost as a result of the infringement. On the other hand, a payout of profits allows you to claim the profits that the defendant gained from the infringement. This may be appropriate in instances where the re-poster gained income as a result of the material ‘going viral’ and amassing millions of views.

Copyright infringement on Facebook occurs when someone uses your protected material without your consent. Identifying copyright infringement in the digital age can be complex.

However, combining Facebook’s dispute resolution process with a cease and desist letter can be an effective way to resolve the issue at hand. If you need assistance with copyright infringement, our experienced intellectual property lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our  membership page .

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How to remove infringing content from Facebook

• by Zachary Strebeck

Luckily for IP owners, Facebook has procedures to get this infringing content taken down.

Have you seen your trademarks or copyrights being used without permission on social media?

Anyone with a valuable brand has probably noticed it. Either someone is stealing your content and posting it on Facebook as their own or putting themselves or their company on Facebook with a confusingly similar or identical brand name. Luckily for IP owners, Facebook has procedures to get this infringing content taken down.

The really good news is that it can work the way it’s supposed to (I’ve done it).

Copyright infringement:

ometimes the best way to deal with infringement is to reach out first.When a rights holder notices copyrighted content begin posted without authorization, the DMCA comes into effect. As with any other ISP, Facebook adheres to the DMCA’s safe harbor provision, including their takedown procedures. For more info on this, check out my posts on the subject .

Assuming that the rights holder has a good faith belief that they own the rights and those rights are being infringed, Facebook provides a simple form to fill out.

As I’ve stated in other posts, sometimes the best way to deal with infringement is to reach out first. Facebook even recommends this as a first step and it could lead to a peaceful resolution of the problem.

Trademark infringement:

When a brand name or other symbol of valuable business goodwill is being used in an unauthorized way, Facebook offers a way to disable access to an infringing page.

The process here is very similar. In fact, the form to be filled out starts on the same page.

Facebook requires that the party reporting the infringement be the holder of the rights being infringed. This means that a third party can’t report the infringement. The information requested by Facebook in the takedown process is similar to that of a copyright takedown.

As with copyright, Facebook recommends reaching out to the infringer first. Often similarly-named infringers aren’t aware of the nuances of trademark law, and believe that they are not actually infringing. Others honestly didn’t know about your brand.

Facebook provides a lot of good general info on copyright and trademark rights, as well.

Get some legal counsel:

IP holders shouldn’t take these actions lightly.IP holders shouldn’t take these actions lightly. They could potentially lead to further legal action on the part of the alleged infringer, so filling out one of these online forms shouldn’t be taken lightly. Before beginning the takedown process, an attorney with experience in IP should be consulted to ensure that it is the best course of action.

photo credit: Poster Boy NYC via photopin cc

Zachary Strebeck

3 responses.

…grasshopper

Hi Zachary, After personally witnessing Facebook and it’s crime partners singling out targets we got involved with a very bad case involving physical bullying – frauds on the courts – terrorism – murders etc. including fraud by city. This is like minded text that was slightly altered – as a correction to your piece and as a comment on the violence being called up and used by this same group of renounced US citizens. People need to know. All this is public.

Regarding Facebook.com’s organized crime bully infringement ID theft business plan and Rioting Philadelphia people connection.

No one is asking who set these guys and the many other weirdly converged on the task of disrupting our economy.

I ask you to look at where all the confusion is coming from. YELP.COM is not a Directory. Did you understand that? Yelp broadcasts for the benefit of its paying members and acts as the thug for the inside cult racketeering members. Sex dissection or Thelima is the top level demonic religion of the ruling class and was made by the Pasadena CA USA resident Alister Crowley an L. Ron. Hubbard and Jack Parsons like minded thinker. Hitler’s ideas for sterilizing mankind for the all white blond hair blue eyed came from the betterment of mankind founded as well in Pasadena. Thelima motto is do as thy whilst. Sworn to fun loyal to none religion of self consuming zombie in the rough. This is why I say cult. Illegal profits are huge!!! Bank Robbery with a disappearing cloak in every city.

The same racketeering groups that are infringing on U.S. business and people are as well behind many of the U.S. demonstrations such as the bussed in Trump demonstrators that caused damage and death as soldiers for the United Kingdom. Facebook, Pinterest are both U.K. vested owned and controlled along with our own as silent partners with the public mistrust.

We are at a Civil War attempt being paid for and led by the overseas knock off groups. As a member of T TBW ET AL we assist worthy candidates with BULLY FRAUD ID THEFT CRIME RACKETEERING Organizations outside and inside of court. Occasionally 1 sticks out for the gross view of Racketeering in action. This brand and it’s owners and partners, affiliates etc. shows a global view of the U.K. Mob Machine in America putting into destroying our economy. These Kids and Adults And the one’s like them across America are being taught unwholesome Lying, Cheating, Stealing techniques as new soldiers of the queen’s army. Gov agents can renounce US loyalty in the British Virgin Islands on free vacations where blackmail tapes and new habits are made. The British Government pays for this and more by turning over US secrets – ID – etc. AND for making and or sustaining problems and trouble for those US people opposed. These are just 2 of the infringing sites that were dropped then FACEBOOK.COM reserected. These are hair products sales sites with the unauthorized use live.

https://www.facebook.com/notes/ladies-spotted/7-reasons-long-hair- rocks/386916414751987/ and

https://www.facebook.com/FashionIsMyDrug/posts/501057376629789

Notice the date of no more postings. Notice the owner Sandra Cruze of ELLOUISE Hair in the Salvation Army Compound ( see prior machine shop converted after 2010. The hacked California State records show that 19 years are the length of time as the sales people of this place stated. This is Fraud on the State and public looking for expertise and qualified experience.

Sandra Cruze is part of an inner government crime ring in California, Wisconsin, Illinois, Texas, Florida, Georgia, Michigan Etc. that provides shielding for perpetrators of US Law as a Racketeering group that are as well investors of Facebook.com.

Note the complaints by authorized agents that were posted on Facebook.com infringement sites shown, see the hundreds of notices, see Facebook.com disable account after account for mentioning Facebook’s lack of DMCA Response for the US Brand see http://www.longhairrocks.com .

So to correct your elegantly written Facebook Bully defense forms work article with the simple statement EXCEPT WHEN DUAL AGENCY RACKETEERING CRIME IS INVOLVED. If your drop is not a prominent kickback and commission’s paying advertising marketeer then your complaints will not be heard. Companies in Germany, AU, IN, UK, Etc. have respected our DMCA drops as well as Facebook and its partner Pinterest for low level criminals refusing to themselves remove when asked . Pinterest has dropped much and runs the same elusive programing frauds as Facebook. This is Trillions of US dollars to the selected economies that are not U.S. Yes of Course the population is kicking up. We are being squeezed by Foreign Governments while ours have allowed it one way or another. I love America and the entire world, allowing the organized crime from the U.K. to pick on businesses and artists forcing individuals to fight huge foreign conglomerates on U.S. Turf. These corrupt conglomerates are simply picking off US business and people and have been with carte blanche authority with the assurances of NO GOVERNMENT INTERVENTION. NO STATUTES – NO CONSTITUTION LAW will be upheld over rights violations via orders at the highest levels. Follow the money folks it’s all there as evidence of the theft of our future and the future of our children.

Mr. Trump we are thanking you in advance for removing the stops placed upon our fine men and women charged with protecting our people and country that the former president’s placed upon this Nation of good people silently victimized into looking the other way while neighbors and coworkers are being cannibalized by the very same group that is posing as non profit groups like Sandra Cruze Ellouise – Hot Heads – Salon Ambiance HB CA to name a few of inter connected UK supplied and funded Bully Groups. Confusion and slight of hand. Who stands to benefit from resurrected in the USA? BREXIT / CHINA. These are your neighbors. Find the scammers and post them and the acts – false news will be punished with sanctions as fraud has no statute of limits. The country is changing now from the poison of Racketeering. Thanks.

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Table of Contents

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• Jun 30, 2022

Reporting IP Infringement on Facebook

Updated: Jul 13, 2022

Introduction

In today’s times where everyone is a ‘content creator’ in their own way, we often find creators publishing content on similar topics on social media. While Copyright Law says that one cannot avail protection on an idea , what if someone reposts your content as it is or modifies it without your permission and claims it to be theirs? Moreover, social media is no longer restricted to creating content alone. The influencers, as they are called, are stepping into the business domain and launching their merchandise and other business ventures. Even companies have come to recognize the importance of having a social media presence. This has led to mushrooming of vital issues such as copyright and trademark infringements, passing off, etc. Recognizing these concerns, social media giants have a system in place for tackling them.

Procedure for reporting IPR Infringement on Facebook

Facebook’s Terms of Use restrict posting content that violates someone else's Intellectual Property Rights (IPR). It is usually advised that the IPRholder should contact the alleged infringer to resolve the problem before resorting to submitting a report. However, if this does not work, the social media platform has its own set of remedies and procedures.

As a content creator and rights holder on Facebook, one has various tools at their disposal to protect and manage their IPR. While Audible Magic scans videos before uploading to check for unauthorized content, Facebook’s Rights Manager System gives copyright holders options like blocking a video, claiming ad earnings and even applying attribution to a video. Further, as a registered trademark owner, one can take advantage of the Brand Rights Protection system to identify and monitor trademark violations, counterfeit products and copyright infringement in Facebook advertisements, posts, profiles and the Marketplace.

Submitting an IPR Infringement Report

Only the rights owner or their authorised representative can report IPR infringement. This can be done by:

Filling a Form

The copyright owner has to submit details regarding their work through this form . Typically, Facebook requires information like complete contact details, a description of the copyrighted work that has been infringed and of the content that infringes the said copyrighted work. Trademark owners also have to fill out a form for trademark violations and reporting counterfeit products , and provide details related to the registered trademark and the content allegedly violating their right. The rights holder has to give a declaration related to good faith and further state that the information being submitted through the forms is true and accurate.

On submitting the Report, the rights holder receives an automated email that contains information about the Report, including a unique report number. Additionally, Facebook provides the rights owner's name, email address and details of the report to the person who posted the content they are reporting. This allows the alleged infringer to contact the rights holder.

2. Contacting the designated agent

Following the United States Digital Millennium Copyright Act (DMCA), Facebook has a designated agent to process incidents of copyright infringement. The most convenient way to contact the agent is by filling out this form . The Online Form consists of the same fields as those in the above-mentioned Copyright Report Form.

Alternatively, you can contact the agent via:

Direct Address - Meta Platforms, Inc. Attn: Meta Designated Agent,1601 Willow Road, Menlo Park, California 94025 Phone - 650.543.4800

Email - [email protected]

On choosing to submit a Report directly instead of via the online form, the owner must include a complete copyright claim .

If your content was removed under the notice and counter-notice procedures of the DMCA, you have the remedy of submitting a counter-notification. However, you should do this only if your content was removed by mistake or misidentification. On receiving a counter-notification, Facebook forwards the same along with your contact details to the party that reported your content. If the reporting party does not alert Facebook that they have filed a court action seeking an order to keep the content down, the platform will restore or cease disabling the content.

Withdrawing the Report

If the parties have reached an agreement and do not wish to pursue the matter further, or if the Report was submitted by mistake, one can withdraw their Report by sending an email at [email protected] . It is important to mention the Report Number in the email. On receiving the email, Facebook will restore the content.

Facebook’s Repeat Infringer Policy

Did you find someone repeatedly posting your content and infringing upon your rights? Don’t worry, Facebook’s got your back! According to their Repeat Infringer Policy , in the event that someone repeatedly uploads unauthorised content, their Profile may be disabled or the Group/Page may be removed. They could potentially lose access to certain features on Facebook as well, depending on the nature of the reported content and where it is posted.

So folks, next time you see someone infringing someone else’s IPR, alert the owner! If you are the owner, you now know what to do!

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Mobile legislator files bill that could penalize parents if child brings a gun from home to school

MOBILE, Ala. ( WALA ) - Parents could soon be held responsible if their child brings a gun from home to school.

House Bill 414 has been filed by Representative Barbara Drummond of Mobile. Rep. Drummond recalls the moment she learned a student shot two people at LeFlore High School.

“I was here in Montgomery when the shooting happened at Leflore High School and my heart dropped,” said Rep. Drummond.

Rep. Drummond says the news was devastating, discouraging, and spurred her to action. The shooting happened in February, but Rep. Drummond says her zeal for school safety came long before that.

“All that thrives in Mobile right now comes out of our education system- from our workforce to economic development and to the character of the community and who we are,” she stated.

Last year, Rep. Drummond filed the same bill, but it didn’t make it to committee. However, this year, she says it’s gaining momentum.

“I’m so happy this year, at least it made it out of committee and I’m going to try to push to get it on the House Floor and hopefully the Senate,” she explained.

Last year’s version of the bill charged parents with a Class C felony, but this year, it’s been modified to a Class A misdemeanor. Rep. Drummond says the potential legislation is not about infringing on 2nd amendment rights but ensuring guns are properly stored.

“I had one parent call me and say, ‘well, I’m a gun enthusiast but I lock all my guns and if one of my kids takes it to school and the lock is on it, will I fall under the penalty of this law? And the answer is no because the gun is locked. He’s being responsible,” Rep. Drummond explained.

FOX10 News spoke to some local parents to see how they feel about the bill. Many were in favor.

“It’s little kids getting a hold of guns because of careless adults at home- leaving guns out for the kids to get to the gun and harm themselves. It needs to pass...that should have been the first idea,” said Monique Thompson.

“You bought the gun, you brought it in the house, you brought the ammunition, you probably had it loaded when it shouldn’t have been. Kids are kids- their curiosity, they’re going to get into everything they’re not supposed to, you have to be aware of that,” added another.

FOX10 News reached out to Mobile County Public Schools and Baldwin County Public School to ask their stance on the bill. MCPSS says they don’t comment on proposed legislation.

BCPSS Superintendent Eddie Tyler said the following:

In regard to HB 414, we believe if someone is going to have children, then parents need to be held accountable for their child’s actions. There are variables in every situation and every situation is different, but it is the duty of the guardian to talk to their student and make sure they understand the ramifications of bringing a weapon to school. Eddie Tyler, BCPSS Superintendent

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Generative AI in Fashion Design Complicates Trademark Ownership

Emerging technologies are weaving their way through the fashion industry. Whether it’s offering unique fashion pieces through nonfungible tokens such as Dolce & Gabbana’s Collezione Genesi NFT or Metaverse Fashion Week 2023 , fashion creatives are embracing the opportunity to engage with cutting-edge technologies.

Generative artificial intelligence is expected to add up to $275 billion to the apparel, fashion, and luxury sectors’ operating profits in the next few years. Technology in the fashion space can be used to enhance sustainability and creativity, tailor products to consumer preferences, predict trends, and minimize barriers to entry into the fashion industry.

Recent lawsuits against generative AI companies have largely implicated copyright concerns. The flood of cases is likely to be challenged by trademark owners whose concerns could be at the forefront.

Legal Landscape

Generative AI in fashion design poses novel and significant issues for trademark owners. For example, an AI tool called the New Black helps fashion designers create brand names, slogans, bags, and among other things. If tools like this can generate, within seconds, a design that resembles an existing trademark, how does the trademark owner seek redress?

In Getty Images (US) v. Stability AI , plaintiff Getty Images asserts trademark claims against Stability AI, alleging that output generated by Stability AI’s Stable Diffusion model contains “a modified version of a Getty Images watermark, creating confusion as to the source of the images and falsely implying an association with Getty Images.”

To be liable for infringement, the accused must use the infringing trademark “in connection with the sale, offering for sale, distribution or advertising of any goods or services,” known as commercial use. The commercial use must be “likely to cause confusion, or to cause mistake, or to deceive” consumers as to the source of the infringing mark.

Does output by a generative AI model constitute commercial use? And is output by a generative AI model likely to cause consumer confusion as to source?

Fashioning the Future

The answers to questions surrounding use of generative AI in the fashion industry largely depend on how courts will interpret trademark infringement as applied to these novel technologies.

A fashion designer who uses generative AI to produce and commercialize products that infringe existing trademarks could be held liable under a direct infringement theory. The trademark owner would have to show ownership of a valid trademark and a likelihood of confusion resulting from a defendant’s alleged infringing use.

Under existing law, a generative AI company may itself evade accountability under a direct infringement theory for merely generating the potentially infringing output. This is because the trademark owner likely can’t show the commercial use requirement as to the generative AI company.

In this scenario, the generative AI company provides a platform that a third party uses to create and use an infringing mark, but doesn’t itself use the infringing mark. A generative AI company could be held liable under an indirect theory of trademark infringement.

To establish contributory liability, a plaintiff must show the defendant either “intentionally induce[d] another to infringe” his or her trademark or “continue[d] to supply its product to one whom it knows or ha[d] reason to know [was] engaging in trademark infringement.”

Where the defendant provides a service rather than a product, a plaintiff also must establish that the defendant had “[d]irect control and monitoring of the instrumentality used by a third party to infringe.”

Plaintiffs may argue that the generative AI company has direct control over the tool used by the designer to create the infringing design and/or mark, and therefore is contributorily liable for the resulting direct trademark infringement. However, plaintiffs may face a hurdle with showing the requisite knowledge by the generative AI company that the tool is being used to infringe on another’s trademark .

Many generative AI companies have affirmatively implemented safeguards to address concerns related to intellectual property infringement. For example, when we prompted to create a trademark for a shoe company similar to Nike’s “Swoosh” logo, ChatGPT responded:

“I can provide guidance for creating a unique and original trademark, but I can’t create one that is intentionally similar to an existing trademark like the Nike Swoosh logo. It’s crucial to respect intellectual property rights and avoid infringing on existing trademarks. Creating a trademark that resembles another company’s trademark too closely can lead to legal issues.”

Given that direct infringement liability may be inapplicable to a generative AI company, and indirect infringement liability may be difficult to prove, courts and lawmakers will need to adapt existing legal frameworks to address the unique challenges AI technology poses.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Author Information

Alesha Dominique is an intellectual property brands partner at Norton Rose Fulbright.

Ani Galoyan is an intellectual property brands associate at Norton Rose Fulbright.

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To contact the editors responsible for this story: Jada Chin at [email protected] ; Melanie Cohen at [email protected]

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David Beckham Is Suing Mark Wahlberg and His F45 Gym for More Than $14 Million

The former soccer star alleges that the fitness company didn't pay him appropriately for his promotional efforts., tori latham, tori latham's most recent stories.

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According to the documents viewed by The New York Times , the two had reached a promotional agreement that would have seen Beckham receive almost 1 million shares of stock, plus $5 million of extra shares. Beckham claims, though, that when F45’s business began to dip in 2022, it held on to the millions of dollars it owed him. Additionally, his lawyers noted that when the company went public, its valuation was about three times what it had been two years prior, before Beckham’s involvement.

Now Beckham is seeking more than $14 million in damages, not including interest, the Times wrote. (The athlete says a delay in getting him the first 1 million shares cost him $9.3 million, because the stock price eventually fell.) While neither Beckham’s nor Wahlberg’s camp responded to the newspaper’s requests for comment, F45’s lawyers rebutted Beckham’s claims in court documents. (Wahlberg bought a 36 percent stake in F45 back in 2019, and he also sits on the company’s board.) They said Beckham didn’t carry out all of his duties and that he’s “attempting to benefit from his own wrongdoing and has unclean hands,” according to the publication.

Tori Latham is a digital staff writer at Robb Report. She was previously a copy editor at The Atlantic, and has written for publications including The Cut and The Hollywood Reporter. When not…

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The IAB 2024 Digital Video Ad Spend & Strategy Report | Part One: Market Size & Growth Projections provides a lens into the trends within the TV/digital video market and offers guidance for buyers and sellers on how to position and differentiate their strategies based on the market opportunity.​ And for the first time ever, this year’s report includes category-level ad spend projections.

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GlaxoSmithKline sues Pfizer and BioNTech over Covid-19 vaccine technology

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Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets, for Reuters Legal. He has previously written for Bloomberg Law and Thomson Reuters Practical Law and practiced as an attorney.

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Combining analysis of historical data with projections – now extended to 2035 – the report examines key areas of interest such as the deployment of electric vehicles and charging infrastructure, battery demand, investment trends, and related policy developments in major and emerging markets. It also considers what wider EV adoption means for electricity and oil consumption and greenhouse gas emissions. The report includes analysis of lessons learned from leading markets, providing information for policy makers and stakeholders on policy frameworks and market systems that support electric vehicle uptake.

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Pandabuy: police raid ‘20 football stadiums’ worth of alleged fake goods warehouses

Arrests as Chinese authorities working with UK police and international trademark agencies seize millions of parcels bound for customers worldwide

Chinese authorities have targeted a major online sales platform accused of supplying counterfeit goods, raiding warehouses holding millions of packages destined for overseas buyers.

Earlier this month police raided the Hangzhou office and several warehouses of Pandabuy after reported legal action by 16 brands over copyright infringement. More than 200 public security branch officers, 50 private sector investigators and local police were involved, according to reports.

More than 30 people were detained and millions of parcels seized. Hundreds of thousands of fake brand named sport shoes were reportedly among the seized parcels.

The investigation into Pandabuy, first publicised by World Trademark Review, reportedly began last November with the cooperation of City of London police and several intellectual property protection firms including Corsearch, Rouse, and Rouse’s China-based strategic partner Lusheng Law Firm.

The UK involvement is reportedly under the police intellectual property crime unit’s long-running Operation Ashiko, which focuses on online intellectual property crime and counterfeit sales.

“This is the first time that collaboration between brand owners, law enforcement, law firms and service providers across the world has resulted in action against a counterfeit shopping agent of this scale,” Detective Inspector Andrew Masterson told World Trademark Review.

China-based IPP firm Cantoop separately said it had alerted police in November, on behalf of unnamed brand owners, and provided 70 investigators to assist with the probe.

“After six months of diligent work, it was discovered that the infringing activities of Pandabuy extended to five cities in China, involving over 2,200 employees, with warehouses spanning 100,000 square metres, equivalent to nearly 20 football stadiums,” Cantoop alleged.

An officer at a Shanghai police economic crime desk the raid had taken place but declined to give the Guardian further details, only saying that “not so many” people had been arrested.

Pandabuy is a shopping agent platform, acting as a conduit between sellers and buyers, providing sales and marketing assistance, and shipping processes. It does not make the items, but has become famous as a source of cheap and allegedly fake designer goods. Influencers and customers regularly post videos of their Pandabuy “hauls” on TikTok, Discord, and other social media platforms.

Pandabuy’s website claims to have 200,000 customers, however a major data leak in March reportedly included details for more than 1.3 million customers. Pandabuy apologised for the leak, which it blamed on criminal hackers, and said people’s financial information was not accessed.

Pandabuy has been contacted for comment. The website’s public alert notices have not been updated since 1 April, but an autogenerated email reply suggests the company is still operating in a limited capacity.

“Recently, our company has encountered legal issues related to our services, as our senior management is actively cooperating with the police investigation,” the reply said.

“Currently, we are fully collaborating with the relevant authorities to ensure that all our business activities comply with legal regulations … In the meantime, our team and the authorities are taking every necessary measure to protect your rights and ensure data security.”

Some customers who say they are awaiting packages have posted online claiming they have been given conflicting messages by customer service about whether shipments ordered prior to the raids will be sent out. Cantoop’s statement suggested authorities expected to spend months inspecting the contents of the raided warehouses.

“All infringing products will be confiscated and stored in warehouses designated by law enforcement agencies,” it said.

UK police told Bloomberg further action was expected against UK assets of Pandabuy, which lists a mail drop business centre address in London as its headquarters.

Chi Hui Lin contributed to this report

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Cal Transfer Edge Myles Jernigan Commits to Louisville

Jernigan is the first transfer commitment for the Cardinals during the spring portal window.

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LOUISVILLE, Ky. - After having a handful of players enter the portal during the spring window, the Louisville football program has landed their first post-spring ball transfer commitment.

Myles Jernigan, an outside linebacker who spent five seasons at Cal before entering the portal earlier this month, announced Wednesday that he has committed to play his final year of eligibility with the Cardinals.

The 6-foot-3, 235-pound edge rusher has been a mainstay on Cal's defensive line for the last two years. This past season, he played in 12 games with five starts, logging 20 tackles, 2.5 for loss, a sack, a fumble recovery and a pass breakup. He also tied for second on the team in forced fumbles with two.

The Grand Prairie, Tex. native played sparingly during his first three seasons with the Golden Bears, then was finally able to carve out a role during the 2022 season. That year, he played in all 12 games while starting all but the season-opener, collecting 32 tackles, three for loss, three sacks, a forced fumble and a pass breakup.

Given recent portal developments, Jernigan is now a prime candidate to start, or at least serve as backup, at the LEO spot on the defensive line for Louisville. Earlier this week, Tennessee transfer Tyler Baron opted to re-enter the transfer portal.

Louisville is now back up to 23 transfer commitments in this cycle, while also seeing 24 scholarship returners enter the portal. Nine Cards have transferred since the 15-day spring portal window opened up on Apr. 16, including four who joined as transfers during the winter portal window.

The Cardinals finished their 2023 season with an overall mark of 10-4 (7-1 in ACC) including a berth in the program's first ever ACC Championship Game. Year two under head coach Jeff Brohm is scheduled to kick off against Austin Peay on Saturday, Aug. 31 at L&N Stadium.

(Photo of Myles Jernigan: Darren Yamashita - USA TODAY Sports)

You can follow Louisville Report for future coverage by liking us on Facebook, Twitter and Instagram: Facebook - @LouisvilleReport Twitter - @UofLReport Instagram - @louisville_report You can also follow Deputy Editor Matthew McGavic at  @Matt_McGavic  on Twitter

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