JointIPECcomment final.pdf

{ "title": "IN THE MATTER OF DEVELOPMENT OF THE JOINT STRATEGIC PLAN FOR INTELLECTUAL PROPERTY ENFORCEMENT", "date": "October 16, 2015", "introduction": { "content": "Commenters are online service providers (OSPs) that connect millions of creators, designers, and small business owners to each other, to their customers, and to the world. OSPs are a critical platform for free speech and economic activity that empower individuals and small businesses to easily post content online and connect to a global audience. Commenters appreciate the opportunity to participate in this proceeding.", "description": "OSPs’ key role in the online ecosystem derives in part from their mass accessibility. OSPs empower millions of users to create and publish content with a low barrier to entry. Before OSPs existed, people needed considerable resources to widely disseminate their content. Today, user-generated content reaches a global audience after simply accepting an OSP’s terms of use." }, "commenters": [ { "name": "Etsy", "description": "Etsy is an online marketplace where people around the world connect to make, sell, and buy unique goods. Etsy’s mission is to reimagine commerce in ways that build a more fulfilling and lasting world." }, { "name": "Foursquare", "description": "Foursquare creates technology to help people explore the world and provides a wide range of location products and services to businesses." }, { "name": "Kickstarter", "description": "Kickstarter is the world’s leading funding community for creative projects—everything from films, games, restaurants, and music to art, design, and technology. Since launching in 2009, over 9.5 million people have pledged nearly $2 billion to projects on Kickstarter, successfully funding 95,000 creative ideas." }, { "name": "Meetup", "description": "Meetup is the world’s largest network of local community groups. Meetup makes it easy for anyone to organize a local group or find one of the thousands of groups already meeting up face-to-face. We have nearly 18 million members, and more than 160,000 Meetup groups, all organized around the things that matter the most in people’s lives." }, { "name": "Shapeways", "description": "Shapeways is the world’s leading 3D printing marketplace. Designers can 3D print their designs and open shops offering their custom 3D printed objects to the public." } ], "dangers_of_trademark_abuse": { "description": "The threat of online infringement is real. OSPs regularly receive facially legitimate notices of alleged trademark infringement regarding user content. In response to these complaints, OSPs generally remove material. However, Commentators also receive trademark infringement complaints that may be abusive.", "key_points": [ "Abusive trademark enforcement is not synonymous with enforcing rights to the fullest extent allowed under law.", "The issue addressed also does not relate to combating counterfeit goods being passed off as genuine.", "The rightsholder may intend to undermine a competitor or to censor critical speech." ] }, "examples_of_trademark_abuse": { "examples": [ "A political action committee supporting the candidacy of Hillary Clinton issued takedown requests targeting parodies of its logo.", "Republican presidential candidate Ben Carson sent takedown requests regarding the use of Carson’s name on merchandise referring to his candidacy.", "Etsy has documented that trademark-related takedown notices outnumber copyright-related takedown notices." ] }, "dangers_of_trademark_abuse_consequences": { "content": "OSPs often receive so many complaints that they must make quick decisions based on limited information in the best interest of the company. Many OSPs are not equipped to complete extensive research or make complex legal decisions." }, "where_safe_harbors_exist": { "description": "When they are in place, OSP safe harbors help protect against over-enforcement by allowing users to push back against problematic takedown requests.", "key_points": [ "Users do not need permission before challenging an infringement claim viewed as illegitimate.", "Removing the OSP from the process facilitates user pushback against abusive claims." ] }, "exploring_expanding_safe_harbors": { "content": "Creating a trademark safe harbor is not a process that will happen immediately. However, it is well past time to engage in a thoughtful, serious exploration of its creation.", "importance": "The benefits of statutory safe harbors are important in guiding the resolution of disputes and ensuring accountability." }, "conclusion": { "content": "This exploration should be inclusive, designed to take into account the myriad stakeholders who would be impacted by the creation of safe harbors. Commenters urge the IPEC to incorporate such a process into the next Joint Strategic Plan.", "signatures": [ "Sarah Feingold, Etsy, Inc.", "Michal Rosenn, Kickstarter, PBC",
"David Pashman, Meetup",
"Brian Chase, Foursquare Labs, Inc.",
"Michael Weinberg, Shapeways" ] } }