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Notice Regarding Claims of IP Infringement

csa_marvin on 08/19/2014 14:35

As taken from Section 15 of the MOC Shop Terms of Service:

A. Notice. If you are a copyright or other intellectual property owner or an agent thereof and believe that any material in the Site infringes upon your copyrights or other intellectual property rights, you may submit a notification by providing our Designated Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work or other intellectual property claimed to have been infringed, or, if multiple copyrighted works or other intellectual properties at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Counter-Notice. You may request for reinstatement of the upload by evidencing that you are the lawful owner of the rights to the content. If you believe that your material that was removed (or to which access was disabled) is not infringing upon a copyright, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material, you may send a counter-notice containing the following information to our Designated Agent:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.

If a counter-notice is received by our Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the material provider, member or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

For intellectual property rights other than copyrights, if you believe that the content you submit to the Site was removed (or to which access was disabled) in error, try to contact the rights owner or alleged rights owner directly.  The e-mail that we sent you about the removal or disabled access will include their contact information.  If the rights owner or alleged rights owner agrees that they made a mistake, have them e-mail us, and we will allow you to relist your item.  If you are unable to resolve your dispute with the rights owner or alleged rights owner directly, contact our Designated Agent.

C. Designated Agent. Please contact our Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices by email: legal@bricklink.com (preferred), at the following address, by phone or by fax:

 

Name of Agent: Do Y. Jeong 
Address: Legal Department 
400 Kelby St. 19th Floor 
Fort Lee, NJ 07024 
USA 
Phone Number: 201-944-6622 (ext. 207) 
Fax: 201-308-5547

 

D. You acknowledge that if you fail to comply with all of the requirements of this Section 15, your notice may not be valid.

E. We have adopted and implemented a policy that provides for termination in appropriate circumstances of the accounts of members who repeatedly infringe copyrights or other intellectual property rights of BrickLink and/or others.  We will terminate your account or access to the Site, if, under appropriate circumstances, you are determined to be a repeat infringer.