- Original Poster
- #1
Bit of a new situation we're having to deal with. Someone has copied our products, and we filed a DMCA takedown request, which resulted in the products in question being removed from the website (hosted on Magento, if it matters) and the Instagram account of the business in question being banned. We designed all the products ourselves, and they are all copyrighted etc. This person has simply copied them.
The other company has now filed a counter claim - and thus committed perjury - and we now need to start legal proceedings (which we already have). My question is this: Magento state that we have to provide proof of a filing in the US Court "seeking a court order to restrain the Merchant from engaging in infringing activity, pursuant to section 512(g)(2)(c) of the US Copyright Act." otherwise they may re-list the items.
We're UK based. So is the infringing business. We'll be filing under the IPEC court in the UK and have all the required design documents to prove our case. Will that UK court filing document be enough to ensure that the infringing products are not re-listed on the website? Does anyone have any experience with this?
The other company has now filed a counter claim - and thus committed perjury - and we now need to start legal proceedings (which we already have). My question is this: Magento state that we have to provide proof of a filing in the US Court "seeking a court order to restrain the Merchant from engaging in infringing activity, pursuant to section 512(g)(2)(c) of the US Copyright Act." otherwise they may re-list the items.
We're UK based. So is the infringing business. We'll be filing under the IPEC court in the UK and have all the required design documents to prove our case. Will that UK court filing document be enough to ensure that the infringing products are not re-listed on the website? Does anyone have any experience with this?
