Chilling Effects
Home Weather Reports Report Receiving a Cease and Desist Notice Search the Database Topics
Sending
Topic HomeFAQsMonitoring the legal climate for Internet activity
Berkman Center for Internet & Society
 Chilling Effects Clearinghouse > Trademark > Notices > Bank Trademark Complaint to Google: Android Market (NoticeID 57459, http://chillingeffects.org/N/57459) Printer-friendly version

Bank Trademark Complaint to Google: Android Market

February 10, 2011

 

Sender Information:
BNP Paribas
Sent by:
[Private]


FR

Recipient Information:

Google, Inc. [Android Market]


Mountain View, CA, 94043, USA


Sent via: online form: Form
Re: Infringement Notification via Android Market Complaint

1. Complainant's Information
Name: [redacted]
Your Title:
Company name: BNP Paribas
Address: [redacted]
Country: FR

2. Trademark at issue:
What is the trademark?

BNP Paribas

In which country/countries is this trademark registered?

All over the world, and among others :
United States
Benelux
France

If applicable, please provide the registration number of the trademark at issue:
International Trademark : 745220
Communautary Trademark : 1845734
French Trademark : 3015696

3. Allegedly Infringing Material:
Location of infringing material:

On Android Market's website, there is an app called "BNP Mobile Banking" which is intended to allow the access to online banking website published by the Group BNP Paribas. The creator of this app is not authorized to use the trademark BNP and the content which used the trademark and logo BNP Paribas can cause confusion.

The developer name is magusdev.


4. Legal Affirmations: Please check if you agree with the following statements.
IMPORTANT: Please note that we cannot investigate your complaint if you do not check both boxes.

I have a good faith belief that use of the trademarks described above in the Android Market application described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law:
[checked]
I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner:
[checked]

Signed on this date of:


Signature
[Private]

 
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.


Topic maintained by Berkman Center for Internet & Society

Topic Frequently Asked Questions (and Answers)
Chilling Effects Clearinghouse - www.chillingeffects.org
disclaimer / privacy / about us & contacts