Legal Question in Intellectual Property in New York

counterfeit sales on internet

Hello,

a web hosting company is hosting a website that is selling counterfeit clothing.

Who is responsible for taking down the counterfeit items - the website or hosting company?

And would both be liable?


Asked on 10/25/07, 12:05 pm

2 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: counterfeit sales on internet

If the hosting company knows of the infringement it can be liable. You can move to take down the infringing material with the host with a variety of techniques.

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Answered on 10/25/07, 12:08 pm
Kristen Browde Browde Law, P.C.

Re: counterfeit sales on internet

Both may be liable under certain circumstances, involving proper notification and refusal to cease unlawful conduct.

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Answered on 10/25/07, 12:15 pm


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