Peter Sloane and Matthew Ganas Publish on Legal Issues in AdvertisingMarch 16, 2011
Martin Schwimmer Quoted on False Advertising Suit Against GrouponMarch 24, 2011
Marty Schwimmer has co-authored an article with Frederick W. Mostert, Chief Legal Counsel, Richemont, titled Notice and Takedowns for Trademarks, published in the January-February 2011 edition of The Trademark Reporter, Vol. 101, No. 1. The article outlines a proposal for a statutory notice and takedown procedure for online trademark infringements, analogous to the DMCA procedure. It consists of a review of intermediary liability case-law from around the world, such as Tiffany v eBay in the US and Louis Vuitton v eBay in France; a survey of existing 'eDRPs' (expedited dispute resolution procedures) such as DCMA, the UDRP for domain names, and eBay's VeRO program; and recommendations for a trademark notice and takedown procedure, learning from the weaknesses and strengths of prior eDRPs. The article concludes that for trademark notice and takedown to be truly effective, it should be implemented on a multi-lateral basis.