Wednesday, September 2, 2009

Web Hosting and ordered to pay $ 32 to contribute to the infringement of trademarks

In what is being called a landmark decision, ruled a federal grand jury in California has found two web hosting company and the owner's liability to contribute to the infringement of trademark and copyright to host websites selling counterfeit goods Levy voytton.

Governance, which was released last week, the jury assess damages totaling more than $ 32 million for the hosting company akanok solutyons ink, ink managed solutyons group. Both in the city of Fremont, California, Stephen and entities, and owners of the company Mon Damage to get on the pitch, the jury agreed with the Paris - based on Levy voytton malletyer h l 'claims that the defendants were allowed aware of some sites on the Internet host to sell products that violate copyrights, trademarks, Levy voytton.

President. It. Kourt district for the Northern District of California are expected to issue the injunction permanent ban for Internet service providers, hosting web pages selling counterfeit goods voytton Levy in the future, the company said.

Lawyers for the luxury goods maker said in a statement that this case is the first successful application on the Internet to contribute to the theory of liability for the infringement of trademarks.

Under this theory, the company who know or should know that they enable the illegal activities of the duty to correct the situation. Entityes that failure to do so, as Levi voytton alleged in this case, it could be a person legally responsible for contributing to the illegal activities.

Lavyers forum for entities in akanok managed solutyons who protected under copyright law and digital publishing in the new millennium (Duca), which limits the responsibility of Joseph for the activities of its clients that may konstitutes copyright infringement. Defense lawyers said his company and the entities can not be a hero liable for the actions of the web pages may have hosted, but not in the same property or work.

Offset Levy voytton that the entities and sponsorship company kontributing of illegal activities through the provision of infrastructure that will enable the sale of counterfeit goods. Entities and they also said that his company has been informed of the activity by Levi voytton but still refuses to implement the policy in order to remove the forum, which was responsible.

Governor "origin criteria" to the complaints of trademark infringement on the Internet, "said Andy koombs, Wei voytton lawyer, in a statement. "It represents a positive contribution to the current law and the state of the market for the first time already awarded statutory damages against those found kontributorili liable for trademark infringement," said koombs.

In an interview with today komputervorld, koombs that this decision shows that it is important for ISPs to enforce acceptable use policies. " 'S one thing to have policies, but you' ve implemented when god decided eight of the ill-treatment," he said.It 's ekvalli important to ensure that the infringing activities can not happen again, "said koombs. In this case, Wei voytton was able to show that he was sending many of tenders for Internet service providers, who ignored or did not act urgently koombs said.

Entities may Lavyers not immediately available for comment.

Woodrow governance mixed reactions. Poster and one plate with the name of Clark, in the thread conversation between network engineers in North America Groep Operator Network (Nana) Web site, and in response to a question by the provider as being responsible for the champion "the work of police agents'. And was constantly getting calls from trying to fool [proposal] wrong security insurance for me I do not have the Carse. Does this mean I can promise Suu villages that are leting Skammers use their network? "Said a poster.

But more commentator known as the jamye, noted that one of the Internet service providers can not ignore the message from one of the customers may have been involved in illegal activities. "Will be reset in fact do not enjoy the same rights and" public carriers [such as] telkos ", said their respective owners.

Chat is not the first time Louis has voytton approatshed courts to help defend the rights of copyright and trademark to combat counterfeiters. In July 2007, Hebrew ink. French court פיינד the equivalent of $ 61 million for the sale of counterfeit goods alloving Levy voytton and Christian Dior kouture on its Web site. While Levy voytton praised the decision as a victory against fraud on the Internet, eBay compensation that the process was more about Levy voytton protection of business practices which can not at the expense of consumer choice and the livelihood of law - the obligation to seller.

"Said David Johnson, a lawyer who specializes in digital media jeffer with the law, and the lack, and Butler Marmara law firm in Los Angeles, and called for the preparation of a previous sentence.

" 'S the first one in the case of the Internet in the Internet service provider who is responsible for trademark infringement of the impact of the closure of a Web site for the eyes of the notice is considered a" brand infringing activities, "Johnson said.

Under existing precedent (from outside the world of the Internet) to the Prosecutor In order to prove to contribute to the trademark infringement needs to prove that the defendant intentionally and knowingly enable more trademark infringement, "Johnson said. In this case, the jury apparently already convinced by and say submitted by Levy voytton that the hosting company sites through the knowledge and clear of infringing activity, he said.

The issues raised are similar to those raised in the case of infringement on the beaches brought against what way and Co. In this case, however, that the slaves were able to prevail because he was able to convince the court that while he is in the "generalized" knowledge of infringing activity on the site, and this in any "partikularized knowledge" for himself, "Johnson said. As a result, the company was able to convince the court that it can not be a hero responsible for the activities of any infringing trademark can have a look on his leg, he said.

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