The federal government enacted the Digital Millennium Copyright Act in 1998 to address online copyright infringement situations. Does the DMCA apply to trademarks? In a word – no.
Trademarks and copyrights are both forms of intellectual property. That being said, they fall into two different categories. The DMCA applies to copyright issues. There is no legal equivalent of the law for trademarks.
How are trademark complaints handled online? If you believe someone is using your trademark without permission and infringing upon it, then you should send a Cease & Desist letter to the person and website in question.
The law is rarely clear. This is one exception. The Digital Millennium Copyright Act does not apply to trademarks.
Richard A. Chapo, Esq.