>Is this affiliated with Olive Garden?
>No.
This is just a DMCA takedown notice waiting to happen.
>No.
This is just a DMCA takedown notice waiting to happen.
Also see https://www.nissan.com/, which Nissan (the car company) has had legal proceedings with for years, bullying a company that has the same name because they want their domain. So far, unsuccessfully.
I don't know what class this falls under, but unless Olive Garden has a trademark in class 38 or class 42, I don't think trademarks will give them the legal ability to take the website down.
What will help them take the website down is the ability to bully a small project into submission by filing all kinds of lawsuits to basically out-lawyer them. You can only get justice if you're rich, after all. I think a cease and desist will be quickly accepted to avoid the inevitable tens or even hundreds of thousands of dollars in legal fees for a full-on lawsuit.
It's going to be pretty difficult to argue that their statement "granting owners no rights or privileges in meatspace Olive Gardens" is sufficient.
“ Starbucks did not pursue legal action, although it did note to the press that it was "evaluating" the possibility while reinforcing that the "Starbucks" name is a protected trademark. Upon the episode's broadcast, it was acclaimed by television critics.”
If this wasn't a joke, it would make an interesting demonstration of how the value is purely the current social consensus: a receipt is of dubious value in any case but it would be especially unlikely to attract buyers when the target URL has been DMCAed.
If something is taken down for legal reasons, you're left with intersection of hosts who are in legal jurisdictions where they can blow off those complaints, don't have their IPs blocked, and are willing to host it for whatever you want to pay.
That's not impossible but it's far from the solved problem NFT salespeople present it as, increasing in difficulty with the value of the content.
The jpeg could be on IPFS, bittorrent, freenet, whatever. Look it up by hash and verify the hash after getting it. If takedowns are a problem, use the more censorship-resistant options.
> Use project funds to complete leveraged buyout of Darden Restaurants, Olive Garden's parent company
It does raise some interesting issues though. If Olive Garden is successful in any challenge of this where do the NFTs go?
Are all the owners of the illegally trademarked NFTs responsible for destroying them or transferring ownership to Olive Garden? Given that their continued existence can imply that Olive Garden supports NFTs, which may damaging to their brand, how do they legally exercise their rights to remove their association with these NFTs?
I wonder if the law regarding trademark counterfeiting could be stretched to cover this case.
I'm suspicious it was made by an agency at their behest.
Taking down the site and taking the domain name: yes.
https://www.broadbandcloudsolutions.co.uk/what-happens-if-yo...