Copyright Small-Claims Court
As we discussed in a previous alert, the Copyright Alternative in Small-Claims Enforcement (CASE) Act, passed in 2020, created a Copyright Claims Board (CCB) within the US Copyright Office.
This board, which will be similar to a small-claims court, will hear claims of copyright infringement, actions for declarations of noninfringement, and abuses of the Digital Millennium Copyright Act (DMCA) takedown procedures.
The Copyright Office has now issued some final rules for the CCB, all of which became effective earlier this month.
The “Libraries and archives opt-out procedures” rule, 37 CFR § 223.2, explains how an eligible library or archive can preemptively opt out of participating in CCB proceedings by submitting written notification to the CCB.
Similarly, 37 CFR § 223.3, “Class action opt-out procedures,” explains how a party can opt out of a class action or seek written dismissal of the proceeding before the CCB.
The “Designated service agents” rule, 37 CFR § 222.6, allows corporations, partnerships, and unincorporated associations to electronically designate agents for process of service and details the circumstances in which separate legal entities can share one agent designation.
This rule also describes the permitted methods of service and states that there will be a public directory of service-agent designations.
Etsy’s New IP Reporting Portal
The e-commerce website Etsy has rolled out a new reporting portal that allows intellectual property (IP) rights owners to register their brands with Etsy and more easily report violations of their IP rights.
The new portal covers trademarks, patents, and copyrights. It also has an “other” option. To register with Etsy, you’ll have to describe each IP right separately.
You’ll need to say whether or not it’s registered with the appropriate agencies, and, if it is, provide more information, including the registration number and where it was registered.
US Patent and Trademark Office Cracking Down on Fraudulent Filers
The US Patent and Trademark Office (PTO) is continuing to crack down on fraudulent filers. In January, it sanctioned three companies that operate numerous low-cost trademark filing websites that were used to defraud both the PTO and trademark owners: Abtach Ltd., 360 Digital Marketing LLC, and Retrocube LLC.
In fact, the PTO claims that its investigation discovered more than 5,500 applications that were invalidly filed through these sites. All of those applications have been terminated. A list of affected applications is available as Exhibit A to the Final Order for Sanctions.
If you used one of these sites, you should contact the PTO at TMScams@uspto.gov, contact your bank to see if you can dispute the charges, file a consumer complaint with the Federal Trade Commission (FTC), contact the consumer protection authorities in your state, and notify the Better Business Bureau.
In addition, if you worked with a lawyer—or a purported lawyer—in filing your application, you should contact the state bar association through which the lawyer is—or supposedly is—licensed.
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Please feel free to contact us if you have any questions about the above or about protecting, registering, or enforcing your intellectual property.
Photo by eskay lim on Unsplash
