Google, DMCA, trademark and Safe Harbor issues

We are having to deal with scumbags who are using our registered trademark ‘Woodworkers Workshop’ (and its derivative spellings) to enhance their promotion of the sale of woodworking products. The person(s) selling this illegal product use an affiliate system to promote the sale of its product. They can’t seem to make these illegal sales by themselves so they lure uneducated people in with the promise of commission on sales.

To read more: Copyright and how it affects the woodworking industry

For a while now some of these affiliates are using our registered trademark to promote their sales on dummy web sites/blogs. seems to be a favourite web hole to hide behind. They might think that using our registered trademark enhances their visibility in search engines. All it does is draw attention to the fact that they are using our registered trademark illegally.

More recently, some of these web sites are using my personal name. Here is a recent example, to which I filed a DMCA complaint to Google using Google’s online DMCA submission form.

On 07/19/14 16:50:45 our filing to Google:

full name: Jim Barry
company name: WoodworkersWorkshop®
represented copyright holder:, Inc.
contact email:
country residence: CA (Canada)
location of copyrighted work:
Canadian Registration :
United States Registration:
description of copyrighted work:
My personal name, and the text “Woodworkers Workshop” and its variation in phrase (i.e. ‘WoodworkersWorkshop’, ‘Woodworkers-Workshop’, etc) for the purposes of promoting the sale of woodworking plans and selling woodworking plans are being used in the URL listed below and in text on the page; examples found on the page include the URL below and in various locations in text on
the page.
url box (offending URL):
dmca affirmations authorized: agree
dmca affirmations penalty: agree1
signature: Jim Barry
google product: sites [blog service]

On 2014-08-15, at 12:53 AM, wrote:


Thanks for reaching out to us.

Regarding the following URLs:

At this time, Google has decided not to take action. Google Sites hosts third-party content. It is not a creator or mediator of that content.

In cases involving trademark, if a contact email address is listed, we recommend you working directly with the author to have the information in question removed or changed. In cases where the the individual who posted the content is anonymous, we can provide you with user information pursuant to a valid third party subpoena or other appropriate legal process against Google Inc.

The Google Team

To which I replied on 2014-08-15, at 7:40 AM:


The service does not offer user contact information available online.

Google may not be the creator of the content, however, Google being the web host provider has no choice but to be the mediator when the user of the Google web site service either:

a) does not comply with the trademark holders request, or

b) does not make themselves available for communication.

By definition, our legal registration of our trademark is sufficient “legal process”. It is incumbent on the web host provider to comply with the trademark holders request where the trademark holder is providing sufficient information to show ownership of the material/information that is being infringed upon.

Google needs to refresh its responsibilities in the U.S. Department of Commerce’s Safe Harbor program as well as 17 U.S.C. Section 512(c)(3) & 512(d)(3). In particular:

Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.

Section 512(d)(3), which applies to “information location tools” such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.

So again I request that you immediately follow the DMCA request that was filed on 07/19/14 16:50:45


Jim Barry

A Newfoundland born Canadian with a life long interest in woodworking, baking and anything else that peaks my curiosity.

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