Online infringement – continued evidence gathering required!

Campaigning Update

YOUR case study evidences were submitted to the first Creative Industries Round Table to deal with the escalating and debilitating issue of online infringement recently and the next Round Table is due early in September. ACID was represented by Council Member Rachel Jones who provides ACID’s Brand enforcement service through Snapdragon IP. A big ‘thank you’ to Rachel!

However, ACID needs further specific evidence, see below, to justify some of the specific measures that will be requested of Online Marketplaces and Social Media (and user upload) platforms. This request is particularly aimed at those who may not collect extensive quantitative evidence of infringement, but who can demonstrate via specific products and case studies the nature of infringement. We need to show that it occurs and is exacerbated as a direct result of platforms’ failure to introduce/enforce certain measures to protect rights holders.

PLEASE SEND US EVIDENCE OF:

Delayed takedowns

– Where item or post has been reported to the platform, but takedown is delayed, especially where the delay is considerable or can be shown to have contributed directly to revenue loss

Repeat infringement from one account

– Where one seller or account has been guilty of repeat infringement, yet not had their account removed by the platform (or had their account removed but only after a harmful delay)

– Cases from Amazon, Alibaba and Facebook (including Facebook Marketplace) particularly welcome

Suspected linked accounts

– Where a seller or account appears to be linked to (or the same as) one which has already been guilty of infringement and removed (e.g. same stock, same shipping country etc.)

Use of Trade marks or other “trigger terms” in listings/content

– Where items or posts use terms that are direct indicators of infringement e.g. Trademarked names or associated terms

Alibaba “letter of authority” requirement for trade associations

– Difficulties in acting on behalf of members (particularly with Alibaba but also elsewhere)

Barriers to bulk reporting

– Where reporting multiple links or posts is prohibitively time-consuming (with a focus on problems with individual platforms where possible)

If you have any questions on detail or format, please get in touch. We need evidence returned quickly to compile it in time for the next round table which may occur early in September (awaiting confirmation of dates from IPO).

PLEASE SEND DIRECTLY FOR THE ATTENTION OF DIDS MACDONALD to info@acid.uk.com

Thank You!

A big thank you to all those who responded to our first Call for Evidence including the following; Phyllis Cohen of Face Lace, Simon McLaren of Little Shop Of, Anna Jeffreys of Anna Jeffreys Design, Luke Holt of Greencroft Shetland Ltd, Mel Holiday of Chiselhurst, Lyndsey Childs of Tidalmarks, Terry Dady of Microslat, Heidi Sturgess of Heidi Sturgess Designs, Duncan Maclay of ThisisNessie and Rachel Jones of Totseat. ACID will also be sending the case studies to the Director of Copyright & Enforcement at the UK Intellectual Property Office, Ros Lynch.

Event:

Shortly we will be announcing details of a Webinar on the Amazon Brand enforcement portal and Alibaba are organising a seminar for ACID members in October on track down and take down. Details will follow. Please register your interest by emailing info@acid.uk.com