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 ยง 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

Depende de los legisladores el rechazo al #TPP https://www.eff.org/es/deepli...

Feb 5 @ 8:04pm

Laura Poitras and her EFF lawyers stand with previously classified surveillance docs now on display at the Whitney

Feb 5 @ 11:55am

Activists say Twitter is 'leaving them in the dark' over state-sponsored attack claims: http://www.theguardian.com/te...

Feb 5 @ 10:46am
JavaScript license information