The Life Is Good Company sued Florida-based Viral Style LLC for trademark infringement, unfair competition, counterfeiting, and passing off. Viral Style operates www.viralstyle.com, which allowing users to design and sell their own t-shirts, hats, mugs and the like. Life Is Good alleges that Viral Style 2019s users have infringed it incontestable registration to 201cLIFE IS GOOD 201d and that Viral Style itself has infringed the mark by making the shirts designed by its users. Life Is Good further contests that Viral Style 2019s 201cIntellectual Property Complaint Policy 201d does not meet the safe harbor requirements of the Digital Millenium Copyright Act ( 201cDCMA 201d) because it provides no method for screening a design to ensure it does not infringe another 2019s intellectual property rights and does not bar repeat offenders from the site, and in any event that the DCMA safe harbor provisions apply only to copyright, and not to trademark claims.
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