Does The DMCA Apply To Trademarks?

The DMCA is a controversial law enacted in the United States in an effort to address online copyright issues. A common question one often sees online is does the DMCA apply to trademarks? In a word – no.

NYET!

Does DMCA apply to trademarks

Trademarks and copyrights are both forms of intellectual property. That being said, they fall into two different categories. The DMCA only applies to copyright issues. There is no legal equivalent of the law for trademarks.

C&D

How are trademark complaints handled online? If you believe someone is using your trademark without permission and infringing upon it, then a Cease & Desist letter should be sent to the person and website in question.

In Closing

The law is rarely clear. This is one exception. The Digital Millennium Copyright Act does not apply to trademarks.

Richard A. Chapo, Esq.

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