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Attorney Steve® Copyright Essentials - Online infringement and "unmasking" the "anonymous" infringer with a 512(h) subpoena
In this exciting episode of Vondran Legal Hour, Attorney Steve discusses the general process of using a 512(h) subpoena to learn the identity of a person or company who may be infringing on your copyright, trademark, trade secrets, or misappropriating your right of publicity ("publicity rights" in California). Generally, the first step is to send a DMCA takedown notice to the online service provider, such as:
Once that is accomplished (there are legal requirements to do it right - check with IP counsel), you can file a DMCA subpoena petition (for example, in the Northern District of California to send a subpoena to facebook), pay the fee, add the proper exhibits and supporting documentation and the clerk of the court can issue your subpoena. The subpoena can then be served on the social media platform (check out their individual rules) and you can seek to learn the identity of the anonymous poster who has been or continues to infringe your IP.
Once you obtain the information from the subpoena (name, address, etc.), you can decide what you want to do as far as pursuing a settlement, filing a lawsuit, or dropping the matter if you don't see it being worth the fight (ex. if the online infringer is out of the country).
For more information contact us at AttorneySteve.com.
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