As long as there have been subscription services, there have been people who try to get them for free by “borrowing” legitimate subscribers’ passwords. Netflix appears to be cracking down on this practice by testing a way to reduce password sharing among its subscribers.
Netflix has confirmed that some viewers who try to use an account that doesn’t belong to them will see a message saying, “If you don’t live with the owner of this account, you need your own account to keep watching.” The viewer will either have to enter a code sent to the owner of the account or choose to verify their identity at some unspecified later point. This feature is being rolled out on a limited basis for now, Netflix says.
Protecting intellectual property and licensing is not just the concern of large companies like Netflix. Small business owners need to think about it as well.
Types of Infringement
In a basic sense, infringement of your intellectual property involves someone using it without your permission. However, the specific type of intellectual property at issue and the protections you have for it will determine your potential recovery.
Trademark Infringement
Trademarks help consumers and businesses distinguish between goods and services offered by different companies. This avoids confusion and provides an incentive for companies to focus on quality. Types of trademark infringement include:
– Direct Infringement: This pertains to infringement based on confusion. To be liable for confusion-based infringement, someone typically must have used a trademark (or a copy, colorable imitation, or reproduction) to sell their own goods and services in a way that confuses or deceives.
– Contributory infringement: This typically involves inducing someone else to infringe on a trademark.
– Dilution/blurring/tarnishment: This involves using a well-known trademark for goods or services that are either completely unrelated or related to unsavory goods or services.
Copyright Infringement
Copyright holders have the right to reproduce the copyrighted work, prepare derivative works, distribute copies, and perform and/or display the work. Copyright infringement can involve either direct or indirect infringement.
– Direct infringement: This requires proof that the infringing party actually copied the work, produced a substantially similar copy, or produced a fixed copy (a copy fixed in a tangible medium).
– Indirect infringement: This includes (1) vicarious infringement when someone has the right and ability to supervise or control the actual infringer and directly benefits financially from the infringer’s actions; (2) contributory infringement, when someone directly knows about and induces or materially contributes to the infringement; and (3) inducement, when someone takes clear steps to foster the infringement.
Potential Remedies
If someone has infringed on your intellectual property, the first thing the Timothy Coons’ legal team can do is prepare and send a cease and desist/demand letter to the alleged infringer. The letter can provide your position on the matter, state your claim of right to the trademark or copyright, provide the basis for asking the alleged infringer to cease their potentially infringing actions, and explain the potential liabilities the alleged infringer could face if they fail to do so.
If the alleged infringer continues their potentially infringing actions, we can consider judicial proceedings seeking protection under the Lanham Act or injunctive relief. Note that whether the intellectual property is registered may affect which judicial proceedings are available, as well as the availability of the venue and the amount of potential damages.
Contact Counxel Legal Firm
If you own a trademark and/or copyright and think that someone may be infringing on it, contact Counxel Legal Firm today to determine the best way to further protect your hard-earned rights. Contact us at (480) 744-6621 or at request@counxel.com. Don’t forget to check out the good things that others are saying about the services they received from Timothy Coons on Google.
This article is intended for informational purposes only and does not constitute legal advice for your specific situation. Use of and access to this article does not create an attorney-client relationship between you and Counxel Legal Firm. Please contact request@counxel.com or (480) 744-6621 to request specific information for your situation.
*Conveniently located off the 101 Freeway and the US 60 in the middle of Phoenix, Scottsdale, Tempe, Chandler, Gilbert, Mesa, and Queen Creek!
