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DigitalDMCA

Glossary

The terms you will meet in enforcement work, defined without the jargon.

Authorized agent
A person or company permitted by the rights holder to send notices and complaints on its behalf. Platforms usually require evidence of that authorization.
Brand Registry (Amazon)
Amazon's program for brands with registered or pending trademarks, giving access to reporting tools and listing controls.
Brand Rights Protection (Meta)
Meta's tool for rights holders to search for and report content, ads and accounts across Facebook and Instagram that infringe their trademarks.
Cease and desist letter
A letter demanding that a party stop an activity. It has no automatic legal force; its effect comes from the rights it asserts and the consequences it describes.
Counter-notice
Under the DMCA, a response from the person whose content was removed, asserting a good-faith belief that the removal was a mistake. If valid, the platform may restore the content after 10 to 14 business days unless the rights holder files a lawsuit.
Counterfeit
Goods bearing a trademark identical or substantially indistinguishable from a registered mark, without authorization. Distinct from unauthorized resale of genuine goods.
Delisting
Removal of a URL from a search engine's results for certain queries or regions. The page itself remains on its host.
Designated agent
The contact a service provider registers (in the US, with the Copyright Office) to receive DMCA notices.
DMCA
The US Digital Millennium Copyright Act of 1998. Section 512 creates the notice-and-takedown process and safe harbor for service providers.
DSA (Digital Services Act)
EU regulation requiring online platforms to operate notice-and-action mechanisms for illegal content, including intellectual-property infringement.
Evidence pack
The organized set of captures, originals, comparisons and ownership records attached to a report.
Fair use
A US doctrine allowing limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching or research, assessed on four factors.
Gray market
Genuine goods sold through channels not authorized by the brand. Usually a contractual issue rather than a counterfeit one.
Impersonation
Presenting an account, page or site as being, or being affiliated with, a person or brand it is not.
Likelihood of confusion
The central test in trademark infringement: whether consumers are likely to be confused about the source or affiliation of goods or services.
Lumen
A public database that archives takedown notices and legal removal requests submitted to participating companies, including Google.
Notice-and-takedown
The procedure by which a rights holder notifies a provider of infringing content and the provider removes or disables it.
Registrar
The company through which a domain name is registered. Registrars have abuse policies and can act on domains used for fraud or infringement in certain cases.
Repeat infringer policy
A policy platforms must maintain under the DMCA to terminate accounts of users who repeatedly infringe.
Right to be forgotten
The EU and UK right for individuals to request delisting of search results about them that are inadequate, irrelevant or excessive.
Safe harbor
Protection from liability for service providers that follow the DMCA's requirements, including acting on valid notices.
Trade dress
The overall look of a product or packaging that identifies its source, protectable under trademark principles if distinctive.
Trademark
A word, name, symbol or design that identifies the source of goods or services and distinguishes them from others.
UDRP
The Uniform Domain-Name Dispute-Resolution Policy, an arbitration process for recovering domains registered and used in bad faith that are confusingly similar to a trademark.
VeRO (eBay)
eBay's Verified Rights Owner program for reporting listings that infringe intellectual property.