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How do I use a take down notice to protect my IP?

On Behalf of | Jun 5, 2024 | Business Litigation

As a business owner in Maryland, safeguarding your intellectual property is essential for maintaining your competitive edge. One effective tool for protecting your IP online is the take down notice.

What is a take down notice?

A take down notice is a formal request to an Internet Service Provider or web host to remove content that infringes on your IP rights. This method is particularly useful for addressing copyright infringements.

Legal basis for take down notices

The Digital Millennium Copyright Act provides the legal foundation for take down notices. Under the DMCA, ISPs and online platforms must promptly remove infringing content once notified, in exchange for limited liability for the infringing activities of their users.

How to use a take down notice

To use a take down notice effectively, first, determine which ISP or web host is hosting the infringing content. Next, draft a DMCA-compliant notice, and send it to the appropriate ISP or web host.

DMCA-compliant notice

Your notice should include several items. First, it should identify the copyrighted work allegedly infringed, including its location on the web, like its URL. Be as specific as possible. Next, include your contact information, and a statement that you are acting in good faith and that the notice is accurate under penalty of perjury. Finally, include your signature (physical or electronic)

Protecting your IP online

Online platforms are common places for IP infringement. Take down notices can be used on social media, e-commerce sites and other online platforms. Many of these platforms have specific procedures or portals for submitting IP infringement complaints. Utilizing these specific procedures are the fastest way to have the infringement taken down, though, they are not the only way to assert your rights.

IP protection in Maryland

In addition to using take down notices, Maryland offers legal protections for various types of IP. For example, the unauthorized use of trade secrets can be prosecuted as a criminal offense in Maryland. This provides an additional layer of protection beyond online infringement measures.


Understanding and using take down notices can help safeguard your IP, especially in the digital realm. Given that your IP may be more valuable than your physical assets, it is imperative to be proactive in protecting it.