CDA230

Gucci America, Inc. v. Hall & Associates, 135 F. Supp. 2d 409 (S.D.N.Y. 2001)

Type of online publisher: 
Mindspring Enterprises, Internet Service Provider and Web host
Publisher's Role in Third Party Content: 
Hosting trademark infringer's website after being notified of infringing content
CDA § 230 applicable?: 
No

Mindspring hosted a website that infringed Gucci's trademark. They were notified multiple times by Gucci that the site was infringing but never took any action against the site. Gucci then sued the site owner for infringement and the web host for contributory trademark infringement. The court held that Section 230(e)(2), which states that the law should not be used to either expand or limit existing intellectual property law, meant that CDA 230 does not provide any protection against trademark infringement claims.

Court Opinion Document: 
Jurisdiction: 

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

The Foilies submission deadline is Tuesday! Send us your FOIA horror stories for Sunshine Week. https://www.eff.org/deeplinks... #foiafriday

Feb 12 @ 9:58am

Father of the Internet's solution to software vulnerabilities is threatened by TPP's source code disclosure ban: http://www.michaelgeist.ca/20...

Feb 11 @ 4:13pm

Remembering one of the first constitutional challenges to the CDA—a guest post from the founder of Annoy·com: https://www.eff.org/deeplinks...

Feb 11 @ 2:56pm
JavaScript license information