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Trademark Dispute — DMCA takedown on my original content

Started by frustrated_freelancer_2023 · Nov 23, 2022 · 3,047 views · 11 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
FF
frustrated_freelancer_2023 OP

I'm in a difficult situation and trying to figure out my next steps.

DMCA takedown on my original content. I've been dealing with this for about 6 weeks now and the situation isn't improving.

This involves original creative work over the past 21 months. I do have documentation proving my ownership and timeline.

Has anyone been through something similar? What worked for you?

TL
Mod_TermsLaw Moderator

Licensed attorney — a few thoughts. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the DMCA safe harbor provisions. The standard is whether a reasonable person would find the conduct compliant with notice requirements.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

FT
first_time_seller_CO

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

SA
seeking_advice_business_owner_2022

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

HC
HRManager_Chicago

I went through almost the exact same thing.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

TB
throwaway_business_owner_today

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

FS
frustrated_seller_2022

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

DS
DevOps_Seattle

Been there. Here's what I learned.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

WC
worried_creator_2026

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

AD
anon_driver_2023

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

TA
TenantRights_Advocate

I went through almost the exact same thing.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

WC
worried_creator_today

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

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