27
Mar/06

Gaming VERO and the DMCA?


This seems like a paradigmatic lawsuit for IP on the Internet.
Plaintiff creates a guide relating to Defendant’s product, which product is protected by TM and Copyright. Plaintiff sells the guide on eBay. Defendant notifies eBay that Plaintiff’s product infringes, and requests termination of eBay auctions, pursuant to its VERO program. Plaintiff submits multiple VERO requests using at least two claimant names. Plaintiff might characterize Defendant’s actions as ‘gaming VERO’ and the DMCA (see complaint for Plaintiff’s description of the correspondence between Defendant, eBay and Plaintiff).
While, as far as I can tell, there has not yet been a determination of whether plaintiff’s product does in fact infringe Defendant’s rights, Plaintiff’s product appears to have been kept off eBay several times during November and December.

Plaintiff has now sued Defendant for, inter alia, tortious interference
.
Coverage here.

Filed under: DMCA

Comments are closed.