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In today’s online world, protecting your intellectual property (IP) has become more complicated than ever. Trademarks, copyrights, and other IP rights are constantly being challenged on e-commerce sites, social media platforms, and even personal blogs.
One of the most common tools used to fight infringement is the takedown notice. It’s a formal request asking a website or platform to remove content that allegedly violates someone’s IP rights. Sounds straightforward—but what happens if the takedown request itself is inaccurate or unfair? Could a trademark owner face a defamation lawsuit for sending one?
Let’s break it down.
In the Philippines, takedown notices aren’t governed by the U.S. DMCA. Instead, they fall under our own Intellectual Property Code (RA 8293) and the procedures of the Intellectual Property Office of the Philippines (IPOPHL).
If you believe your trademark or copyright is being infringed online, you can file a complaint with IPOPHL’s IP Enforcement Office (IEO) or the Bureau of Legal Affairs (BLA). These offices can order platforms, sellers, or service providers to remove infringing content.
This is a powerful tool—but like any legal weapon, it can be misused. And misuse carries consequences.
Defamation, under Philippine law, means making a false statement that harms someone’s reputation. If a takedown notice makes exaggerated or untrue claims, it might open the door to a defamation suit.
Here’s what typically needs to be proven:
So, if a trademark owner rushes to file a takedown without checking the facts, they could end up being sued for defamation.
There isn’t yet a Philippine Supreme Court case specifically about takedown notices leading to defamation. But we do have related rulings.
In MVRS Publications v. Islamic Da’Wah Council (2005), the Supreme Court emphasized that any statement harming reputation must be backed by truth or fair comment. Applied to IP enforcement, this means you can’t just accuse someone of infringement unless you’re sure of your claim.
In practice, IPOPHL has also seen cases where complaints were filed in bad faith—for example, when businesses tried to use trademark claims to harass competitors. In such situations, complainants risk not only losing their case but also being held liable for damages.
It’s not just trademarks. Copyright owners also file takedown requests—especially against pirated movies, music, or e-books. But the same rule applies: if the takedown is false, exaggerated, or careless, the copyright owner may face counterclaims for damages.
Imagine a musician falsely claiming another artist’s song as their own, filing a takedown to silence them. If proven false, that musician could be sued for defamation or unfair competition.
If you’re a rights holder, here are some best practices:
✅ Be accurate – Double-check that the content really infringes your registered IP.
✅ Act in good faith – Don’t use takedowns as a weapon against competitors.
✅ Use proper channels – File with IPOPHL or the courts, not just random online complaints.
✅ Document your case – Keep proof of your rights and the alleged infringement.
If you’re on the receiving end of a wrongful takedown, you may have options to challenge it, either through IPOPHL or through the courts.
The digital space has made IP enforcement faster—but also riskier. Takedown notices are a great tool for trademark and copyright owners, but they must be used carefully and responsibly.
Sending a false or careless notice doesn’t just risk losing the case—it can open you up to defamation suits and liability for damages.
If you’re dealing with a tricky takedown situation, working with an experienced IP law firm like Brealant Inc. in Makati can make all the difference. Whether you’re protecting your rights or defending against a wrongful takedown, expert guidance ensures you stay on the right side of the law.