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?:
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 Link:
Court Opinion Document: