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<blockquote data-quote="lonewolfdevel" data-source="post: 5079192" data-attributes="member: 87800">The owner of a site is ultimately responsible for the content on that site. In the case of copyright issues, the DMCA includes a &quot;safe harbor&quot; clause that ensures site owners can avoid legal implication. However, in order to gain the benefits of the safe harbor clause, the site owner must comply with any demonstrably valid claims of infringement. If the site owner elects not to comply, then he can possibly be held as complicit in the infringement.The same basic rules apply to trademarks. I believe the term is &quot;contributory trademark infringement&quot;. If a site owner is contacted about a trademark infringement (e.g. Matthew Freeman's Army Builder) on their site, they may elect to remove the infringing reference (i.e. a link to your site containing the name &quot;Matthew Freeman's Army Builder&quot;). If the site owner chooses not to do so, then it's possible for them to be held accountable for &quot;contributory trademark infringement&quot;. The choice always resides with the site owner, but most site owners take content down immediately when infringement is demonstrated, since they don't want to risk liability.</blockquote>

[QUOTE="lonewolfdevel, post: 5079192, member: 87800"] The owner of a site is ultimately responsible for the content on that site. In the case of copyright issues, the DMCA includes a "safe harbor" clause that ensures site owners can avoid legal implication. However, in order to gain the benefits of the safe harbor clause, the site owner must comply with any demonstrably valid claims of infringement. If the site owner elects not to comply, then he can possibly be held as complicit in the infringement. The same basic rules apply to trademarks. I believe the term is "contributory trademark infringement". If a site owner is contacted about a trademark infringement (e.g. Matthew Freeman's Army Builder) on their site, they may elect to remove the infringing reference (i.e. a link to your site containing the name "Matthew Freeman's Army Builder"). If the site owner chooses not to do so, then it's possible for them to be held accountable for "contributory trademark infringement". The choice always resides with the site owner, but most site owners take content down immediately when infringement is demonstrated, since they don't want to risk liability. [/QUOTE]

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