DCMA takedown in Germany

jerky7

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Hi there,

has anyone ever tried to get a DCMA takedown in Germany? For one of my sites there are two review sites that speak of my service negatively (because they are affiliated with my competitors). They use my logo and some faked ToS that never were on my site.

Anything I can do about that? Both their hosting companies are in Germany, so DCMA does not apply, right? Is there anything similar in Germany?

Thanks!
 
Germany has there own DMCA type thing look it up its called the European Union Copyright Directive.
 
Get a german lawyer, make him send a C&D, called "Abmahnung" in german. It won't cost you a dime, the site owner will get a nice bill (calculated on the assumed amount in dispute, often in the high XXX€ to low XXXX€ range) and either pay it, remove the content and sign the C&D or potentially face a lawsuit. No matter if it would stand in court, for sites owned by individuals or small companies, these kinds of scare tactics work perfectly, because the owner won't risk an expensive lawsuit.
 
I don't think there is anything you can do about the negative reviews, it's their opinion vs. yours. Everyone is entitled to one, whether you like it or not. Unless they blow things out of proportions and lie, but it's going to cost you money to prove it in court if you chose to go that way. As for the unauthorized use of your logo, speak to a lawyer. You may force them to take it down but most probably the reviews will stay.
 
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