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Cafepress and trademark rights?

Posted by Anonymous . updated on 11/11/2009
I was planning on licensing an apparel brand whose registered trademark is a three word phrase.  The registration dates back some 12 years and the company has shown substantial sales.  The phrase is widely spoken in the English language, but is unique to my prospective client as a clothing label.

The problem is, I did a search online and discovered a number of companies selling clothing products bearing this trademark, most of which were on Cafepress.  Does anyone know how cafepress and others like it handle trademark laws?  Is Cafepress responsible for monitoring trademark infringement by its store owners?  Is trademark infringement on such sites preventible?

Thank you.
Answers (1)
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JSonnab...
There is no trademark equivalent to the DMCA safe harbor provisions, but many companies in Cafepress' shoes will respond to a DMCA style takedown notice for TM violations.  I'm not sure if TM infringement claims have successfully been brought against an entity like Cafepress for the acts of its users.

- Jeff
 
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