Quiero saber acerca de...

lotter on DSK11XQN23PROD with PROPOSALS1

Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules infringed, if that information is known to the counterclaimant:
A The title;
B If a copyright registration has issued for the work, the registration number and effective date of registration;
C If an application for copyright has been submitted, but a registration has not yet issued, the service request number SR number and registration application date; and D The works category, as set forth 17 U.S.C. 102, or, if the counterclaimant is unable to determine which category is applicable, a brief description of the nature of the work;
iii A brief description of the activity at issue in the claim, including:
A Any exclusive rights as set forth in 17 U.S.C. 106 that may be implicated;
B The beginning and ending dates of the activities at issue;
C Whether the activities at issue have continued to the date the claim was filed;
D The names of the persons involved in the activities at issue; and E Where the activities at issue occurred;
iv A brief statement describing the reasons why the counterclaimant believes that no infringement occurred, including any relevant history or agreements between the parties and whether any exceptions and limitations as set forth in 17 U.S.C. 107 through 122
are implicated;
5 For a counterclaim asserted under paragraph b2iii of this section i The sender of the notification of claimed infringement;
ii The recipient of the notification of claimed infringement;
iii The date the notification of claimed infringement was sent;
iv If a counter notification was sent in response to the notification A The sender of the counter notification;
B The recipient of the counter notification;
C The date the counter notification was sent; and D A description of the counter notification;
v The words in the notification or counter notification that allegedly constituted a misrepresentation;
vi An explanation of why the identified words allegedly constituted a misrepresentation; and vii An explanation of how the alleged misrepresentation caused harm to the counterclaimants;
6 A statement describing the harm suffered by the counterclaimants as a result of the alleged activity. For claims of infringement, this statement may
VerDate Sep<11>2014

17:01 Sep 28, 2021

Jkt 253001

include a description of the profits attributable to the alleged infringement received by the counterclaimants against whom the counterclaim is asserted.
7 A statement describing the relationship between the initial claim and the counterclaim; and 8 A certification under penalty of perjury that the information provided in the counterclaim is accurate and truthful to the best of the certifying partys knowledge. The certification shall include the typed, printed, or handwritten signature of the counterclaimants, and if the signature is handwritten it shall be accompanied by a typed or printed name.
d Additional matter. The counterclaimant may also include, as attachments to or files that accompany the counterclaim:
1 A copy of the certificate of copyright registration for a work that is the subject of the proceeding;
2 A copy of the allegedly infringed work. This copy may also be accompanied by additional information, such as a hyperlink, that shows where the allegedly infringed work has been posted;
3 A copy of the allegedly infringing material. This copy may also be accompanied by additional information, such as a hyperlink, that shows any allegedly infringing activity;
4 A copy of the notification of claimed infringement that is alleged to contain the misrepresentation;
5 A copy of the counter notification that is alleged to contain the misrepresentation; and 6 Any other exhibits that play a significant role in setting forth the facts of the counterclaim.
e Timing of counterclaim. A
counterclaim must be served and filed at the time of the response unless the Board, for good cause, permits a counterclaim to be asserted at a subsequent time.
222.9

Response to counterclaim.

a Filing a response to a counterclaim. Within 30 days following the Boards issuance of notification that a counterclaim is compliant in accordance with 37 CFR part 224, a claimant against whom a counterclaim has been asserted counterclaim respondent shall serve a response to the counterclaim in the manner set forth in 37 CFR 222.5d and shall file the response to the counterclaim with the Board in the manner set forth in 37 CFR
222.5e.
b Content of response to a counterclaim. The response to a counterclaim shall include:

PO 00000

Frm 00026

Fmt 4702

Sfmt 4702

53911

1 A caption identifying the parties and the docket number;
2 The name, address, phone number, and email address of each counterclaim respondent filing the response;
3 A short statement, if applicable, disputing any facts asserted in the counterclaim;
4 For counterclaims brought under 17 U.S.C. 1504c1, a statement describing in detail the dispute regarding the alleged infringement, including any defenses as well as any reason why the counterclaim respondent believes there was no infringement of copyright, including any exceptions and limitations as set forth in 17 U.S.C. 107 through 122 that are implicated;
5 For counterclaims brought under 17 U.S.C. 1504c2, a statement describing in detail the dispute regarding the alleged infringement, including reasons why the counterclaim respondent believes there is infringement of copyright;
6 For counterclaims brought under 17 U.S.C. 1504c3, a statement describing in detail the dispute regarding the alleged misrepresentation and an explanation of why the counterclaim respondent believes the identified words do not constitute misrepresentation; and 7 A certification under penalty of perjury that the information provided in the response to the counterclaim is accurate and truthful to the best of the certifying partys knowledge. The certification shall include the typed, printed, or handwritten signature of the Counterclaim Respondents, and if the signature is handwritten it shall be accompanied by a typed or printed name.
c Additional matter. The counterclaim respondent may also include, as attachments to or files that accompany the counterclaim response:
1 A copy of the certificate of copyright registration for a work that is the subject of the proceeding;
2 A copy of the allegedly infringed work. This copy may also be accompanied by additional information, such as a hyperlink, that shows where the allegedly infringed work has been posted;
3 A copy of the allegedly infringing material. This copy may also be accompanied by additional information, such as a hyperlink, that shows any allegedly infringing activity;
4 A copy of the notification of claimed infringement that is alleged to contain the misrepresentation;
5 A copy of the counter notification that is alleged to contain the misrepresentation; and
E:FRFM29SEP1.SGM

29SEP1