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 Chilling Effects Clearinghouse > DMCA Notices > Notices > UGG DMCA (Copyright) Complaint to Google (NoticeID 27306) Printer-friendly version

UGG DMCA (Copyright) Complaint to Google

August 7, 2009

 

Sender Information:
Deckers Outdoor Corporation (UGG Australia)
Sent by:
Greer, Burns & Crain, Ltd.


Chicago, IL, 60606, USA

Recipient Information:

Google, Inc.


Mountain View, CA, USA


Sent via: email
Re: 17 USC § 512 Notice of Copyright Infringement and Demand for Website Removal from Sea

Dear Sir:

Our firm represents Deckers Outdoor Corporation, (“Deckers”) in trademark and copyright matters. Deckers is known in the trade as UGG Australia and owns the UGG trademark. Pursuant to 17 U.S.C. §512, we hereby request that you expeditiously remove the websites located at the following domains from your search index for violations of United States Copyright law. Goggle has my signature on file.

85757 http://www.brandboots-outlet.com UGG Classic Cardy Image
85828 http://www.brandbootsoutlet.com UGG Classic Cardy Image

We look forward to receiving confirmation that the above sites have been processed. Kindly contact us if you have any questions.

Yours truly,

[redacted]

[redacted]
Greer, Burns & Crain, Ltd.
[redacted]
Chicago, IL 60606
Phone [redacted] | Fax [redacted]
[redacted]@gbclaw.net | www.gbclaw.net

Dear Sir:

Our firm represents Deckers Outdoor Corporation, (“Deckers”) in trademark and copyright matters. Deckers is known in the trade as UGG Australia and owns the UGG trademark. Pursuant to 17 U.S.C. §512, we hereby request that you expeditiously remove the websites located at the following domains from your search index for violations of United States Copyright law. Goggle has my signature on file.

84593 – http://www.aceugg.com – UGG Classic Cardy Image


We look forward to receiving confirmation that the above sites have been processed. Kindly contact us if you have any questions.


Yours truly,


[redacted]

[redacted]
Greer, Burns & Crain, Ltd.
[redacted]
Chicago, IL 60606
Phone [redacted] | Fax [redacted]
[redacted]@gbclaw.net | www.gbclaw.net


Dear Sir:

Our firm represents Deckers Outdoor Corporation, (“Deckers”) in trademark and copyright matters. Deckers is known in the trade as UGG Australia and owns the UGG trademark. Pursuant to 17 U.S.C. §512, we hereby request that you expeditiously remove the websites located at the following domains from your search index for violations of United States Copyright law. Goggle has my signature on file.

85728 – http://www.Uggsalet.com – UGG Professional Marketing Images
http://www.uggsalet.com/uggsale/index.asp – UGG Professional Marketing Images

85755 – http://www.Uggbootsshops.com - UGG Professional Marketing Images

85756 - http://www.Uggshopa.com - UGG Professional Marketing Images

85757 - http://www.Brandboots-outlet.com – UGG Classic Cardy Image

85758 - http://www.Uggbootse.com - UGG Professional Marketing Images

85761 - http://www.uggbuynow.com – UGG Classic Short Image


We look forward to receiving confirmation that the above sites have been processed. Kindly contact us if you have any questions.


Yours truly,


[redacted]

[redacted]
Greer, Burns & Crain, Ltd.
[redacted]
Chicago, IL 60606
Phone [redacted] | Fax [redacted]
[redacted]@gbclaw.net | www.gbclaw.net


Dear Sir:

Our firm represents Deckers Outdoor Corporation, (“Deckers”) in trademark and copyright matters. Deckers is known in the trade as UGG Australia and owns the UGG trademark. Pursuant to 17 U.S.C. §512, we hereby request that you expeditiously remove the websites located at the following domains from your search index for violations of United States Copyright law. Goggle has my signature on file.

85843 - uggboots-onsale.com – UGG Classic Cardy Image

85761 - uggbuynow.com – UGG Classic Short Image

85589 - uggnext.com - UGG Classic Cardy Image

85846 - uggforcheap.com – UGG Care Card Text (see rotating main image)

85847 - fabulous-uggs.com – UGG Professional Marketing Image

85848 - uggesonly.com - UGG Professional Marketing Image

85849 - uggstoponline.co.uk – UGG Classic Cardy Image


We look forward to receiving confirmation that the above sites have been processed. Kindly contact us if you have any questions.

Yours truly,

[redacted]

[redacted]
Greer, Burns & Crain, Ltd.
[redacted]
Chicago, IL 60606
Phone [redacted] | Fax [redacted]
[redacted]@gbclaw.net | www.gbclaw.net


Dear Sir:

Our firm represents Deckers Outdoor Corporation, (“Deckers”) in trademark and copyright matters. Deckers is known in the trade as UGG Australia and owns the UGG trademark. Pursuant to 17 U.S.C. §512, we hereby request that you expeditiously remove the websites located at the following domains from your search index for violations of United States Copyright law. Goggle has my signature on file.

85782 – http://www.UGGStoreh.com – UGG Professional Marketing Image
85728 – http://www.UGGSalet.com - UGG Professional Marketing Image

We look forward to receiving confirmation that the above sites have been processed. Kindly contact us if you have any questions.

Yours truly,

[redacted]

[redacted]
Greer, Burns & Crain, Ltd.
[redacted]
Chicago, IL 60606
Phone [redacted] | Fax [redacted]
[redacted]@gbclaw.net | www.gbclaw.net


Dear Sir:

Our firm represents Deckers Outdoor Corporation, (“Deckers”) in trademark and copyright matters. Deckers is known in the trade as UGG Australia and owns the UGG trademark. Pursuant to 17 U.S.C. §512, we hereby request that you expeditiously remove the websites located at the following domains from your search index for violations of United States Copyright law. Goggle has my signature on file.

85843 – http://www.uggboots-onsale.com – UGG Classic Cardy Image

85761 - http://www.uggbuynow.com – UGG Classic Short Image

85589 - http://www.uggnext.com - UGG Classic Cardy Image

85846 - http://www.uggforcheap.com – UGG Care Card Text (see rotating main image)

85847 - http://www.fabulous-uggs.com – UGG Professional Marketing Image

85848 - http://www.uggesonly.com - UGG Professional Marketing Image

85849 - http://www.uggstoponline.co.uk – UGG Classic Cardy Image


We look forward to receiving confirmation that the above sites have been processed. Kindly contact us if you have any questions.

Yours truly,

[redacted]

[redacted]
Greer, Burns & Crain, Ltd.
[redacted]
Chicago, IL 60606
Phone [redacted] | Fax [redacted]
[redacted]@gbclaw.net | www.gbclaw.net


Dear Sir:

Our firm represents Deckers Outdoor Corporation, (“Deckers”) in trademark and copyright matters. Deckers is known in the trade as UGG Australia and owns the UGG trademark. Pursuant to 17 U.S.C. §512, we hereby request that you expeditiously remove the websites located at the following domains from your search index for violations of United States Copyright law. Goggle has my signature on file.

85581- http://www.uggbootsl.com – UGG Classic Cardy Image

85582 - http://www.offugg.com – UGG Professional Marketing Image

85584 - http://www.uggsaler.com - UGG Professional Marketing Image

85585 - http://www.uggstorec.com - UGG Professional Marketing Image

85586 - http://www.uggoutlet-au.com – UGG Tasmina Image

84321 - http://www.uggboots2u.com – we already knew about this one

85587 - http://www.uggsbootsstore.com - UGG Professional Marketing Image

85588 - http://www.au-ugg-boots.com – UGG Nightfall Image

We look forward to receiving confirmation that the above sites have been processed. Kindly contact us if you have any questions.


Yours truly,


[redacted]

[redacted]
Greer, Burns & Crain, Ltd.
[redacted]
Chicago, IL 60606
Phone [redacted] | Fax [redacted]
[redacted]@gbclaw.net | www.gbclaw.net

 
FAQ: Questions and Answers

[back to notice text]


Question: Why does a search engine get DMCA takedown notices for materials in its search listings?

Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(d), a safe-harbor for providers of "information location tools." These safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by users' materials it links to, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.

Question: What does a service provider have to do in order to qualify for safe harbor protection?

Answer: In addition to informing its customers of its policies (discussed above), a service provider must follow the proper notice and takedown procedures (discussed above) and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.

In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]

Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)].


Question: What are the provisions of 17 U.S.C. Section 512(c)(3) & 512(d)(3)?

Answer: Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.

Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.


Question: Does a service provider have to follow the safe harbor procedures?

Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.


Question: How do I file a DMCA counter-notice?

Answer: If you believe your material was removed because of mistake or misidentification, you can file a "counter notification" asking the service provider to put it back up. Chilling Effects offers a form to build your own counter-notice.


For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbor. For more information on Copyright and defenses to copyright infringement, see Copyright.

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