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As DMCA stands for Digital Millennium Copyright Act, trademarks are outside its scope. There have actually been successful counterclaims under section 512(f) ag
by mortenjorck 7y ago
As DMCA stands for Digital Millennium Copyright Act, trademarks are outside its scope. There have actually been successful counterclaims under section 512(f) against companies using the DMCA to police trademark infringement.
All that said, an old-fashioned cease and desist letter from Lego is most certainly incoming.
- folkhack 7y agoAh - TIL ... thanks for a solid response =) Either way - I'd avoid using someone's brand unless it was changed up in a MAJOR way.
- amyjess 7y agoHonestly, I would rather get an email from my hosting company saying my project has been taken down after receiving a DMCA notice than get a visit from a process server saying that a huge corporation has filed a suit against me. Not having a DMCA for trademark means that the process server is very, very likely to knock on your door for naming something after Lego.
- mortenjorck 7y agoFortunately, it’s highly unlikely you’d be the target of a suit right off the bat. A cease-and-desist is just a warning that, should you continue what the sender considers to be infringing, they intend to file a suit.