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ergophobe - 7:36 pm on Sep 3, 2009 (gmt 0)


Once notified of an infringement, however, it is their legal obligation to act.

Given a simple accusation of trademark infringement without a judgement, I'm having trouble seeing the difference between expecting a commercial space landlord to lock the doors of a retailer who leases store space and expecting an ISP to shut down the site of a retailer who leases server space.

I've never heard of the former being done in the entire history of trademark law (though I don't follow it closely).

Concrete, very specific analogy:

Let's assume I'm a bricks and mortar fashion retailer. Louis Vuiton believes that my advertisements violate their trademark and they notify the landlord of my building. Is the landlord obligated to change the locks and keep me off the premises until I respond to the allegations and then has 10-14 days to let me back in? What if that accusation comes from a non-verified source on December 1 at the height of the shopping season?

If not, then what's the difference?


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