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imarttree Intellectual Property Protection Program
PROTECTION OF INTELLECTUAL PROPERTY: REPORT ABUSE
Intellectual Property includes the following:
"Trade Marks" i.e. a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from of the others and may include service marks, logos, designs, trade dress, shape of goods, their packaging or combination of colours, as are duly registered and/or pending registration under the Trade Marks Act.
"Copyrights" in, copyrighted works and copyrighted materials i.e. literary, dramatic or musical work or artistic work, owned, acquired or validly licensed to any person in terms of the Copyright Act.
Other intellectual property rights legally valid and recognised in USA such as trade secrets, proprietary know-how, any patentable or non-patentable inventions, discoveries or any modifications, adaptations, derivatives or improvements of each of the above. imarttree is conscious of and is committed to helping people and organizations protect their Intellectual Property.
imarttree owns and operates the imarttree.com (the “Website”) and provides hosting services to its registered users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. imarttree.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. imarttree.com is only a venue where buyers and sellers meet and interact with one another for their transactions. imarttree does not purchase or sell products on the Website and is not a party to or control in any manner any transaction between two users of the Website.
There are more than over thousands of vendors/merchants registered on the Website. imarttree ensures that basic know your customer norms are followed at the time of registration of any user (including a vendor/merchant) on the Website. Further, each User (including a Vendor/Merchant) is bound by the terms and conditions of the User Agreement and the MOU (applicable for Vendor/Merchants only) wherein they undertake that the products listed and sold on/through the Website are genuine and not counterfeiting or infringing the Intellectual Property rights of any third party. However, it is practically not possible for imarttree to verify each individual product listed on the Website, where nearly thousands of products are listed on the Website. Nevertheless, to facilitate and assist people and organizations protect their intellectual property rights and as a trust building exercise between imarttree and the Users of the Website, imarttree has put in place a Protection of Intellectual Property Program ("PIP Program") to identify and remove infringing or unlicensed items and material listed on the Website if an owner of Intellectual Property reports to us.
Who can report to us?
You may report to us if you are the owner/valid licensee of an Intellectual Property in any content available/uploaded on the Website without your consent, or you believe that your content has been copied/misused in any way that constitutes infringement of your Intellectual Property rights. In case you are not the owner of the Intellectual Property, you can still help by getting in touch with relevant owner and encourage them to contract us.
How to report?
You (the owner/licensee of Intellectual Property or any authorise representative of owner/licensee of Intellectual Property) are required to email us at Legal@imarttree.com; a Notice of Infringement form specifying the allegedly infringing listings on our Website along with following details:
Your personal details:
Constitution i.e. Individual/Company/LLP
Registration number (if any)
Name and designation of authorised representative (applicable for persons other than an individual) along with certified true copy of document evidencing the authority
Contact Details i.e. email id, phone/fax number
Link of the product appearing on the Website which infringes your Intellectual Property rights;
Details of the product which infringes your Intellectual Property rights;
Details of your Intellectual Property rights existing as on date in USA along with registration/application details, if any; and
Reasons for comprehending that the products in question violate your Intellectual Property rights and the basis of your decision such as test purchases, laboratory reports or such similar documentary proof.
Actions that imarttree will take on receipt of a Notice of Infringement If imarttree is satisfied with the veracity and genuineness of a duly filled and complete Notice of Infringement, imarttree shall:
Immediately delist the infringing products from the Website;
Block the relevant vendor/merchant/advertiser account from the Website and bar the vendor/merchant from listing any products on the Website;
Provide all details of the relevant vendor/merchant/advertiser of the infringing products to the person submitting the Notice of Infringement; and
Provide, in its sole discretion, all reasonable cooperation and assistance to the person submitting the Notice of Infringement in taking appropriate action against the relevant vendor/merchant/advertiser.
Consequences of incomplete/frivolous reporting
If the Notice of Infringement is incomplete in any manner or imarttree is of the opinion, in its sole discretion, that the Notice of Infringement is frivolous and/or fake, imarttree may not take any actions as stated above and may report to the concerned vendor/merchant.
If you believe that a report made against you is frivolous, you may intimate us about the same along with documentary proof thereof (“Withdrawal Claim”). However, imarttree will re-list your products on the Website and activate your account only if it is satisfied, in its sole discretion, of the genuineness of your Withdrawal Claim. imarttree may require you to provide such information or documents, as it may deem fit for the purpose (including without limitation a final order of a court of competent jurisdiction, a withdrawal of claim letter of the person who alleged infringement against you etc.)
You acknowledge that imarttree will exercise its discretion based on the documents and information provided by you and shall not independently verify the genuineness of you claim. Accordingly, imarttree shall not be held liable in any manner for any act/omission, so far as imarttree exercises reasonable and due diligence with respect to any Notice of Infringement and/or a Withdrawal Claim. You acknowledge that imarttree shall not be liable for not taking any action, if the Notice of Infringement is incomplete and/or adequate information is not provided with a Withdrawal Claim.
imarttree’ Limitation of Liability
BI Program has been launched by imarttree to merely facilitate and assist people and organisations to protect their Intellectual Property rights. As mentioned above, imarttree is a mere technology and infrastructure service provider. imarttree provides merely hosting services through the Website and provide a platform to buyers and sellers to conclude their transactions online.
Notice of Infringement
I/We, [name] ____________________________ [s/d/o or a company/LLP registered under the Companies Act, 1956/2013/ Limited Liability Partnership Act 2008] residing at /having registered office at [address] _________________________, with registration number [_________________] [through authorised representative Mr. [name], [designation], authorised vide ______________________] do solemnly and sincerely declare as follows: 1. I/We am/are the right owner of certain Intellectual Property rights, created/modified and applied for registration/registered under [________________ Act]. Please see enclosed certified true copy of [proof of ownership of Intellectual Property]; 2. I/We believe that the item listings or materials identified in the annexure attached hereto [provide link] are not authorised by me/us, our agent, or the law and therefore infringe my/our Intellectual Property rights. 3. [Please provide reasons for comprehending that the products in question violate your Intellectual Property rights and the basis of your decision such as test purchases, laboratory reports or such similar documentary proof] 4. In light of above, you are requested to expeditiously remove or disable access to the material or products claimed to be infringing from imarttree.com. 5. I/We may be contacted at:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Please provide documentary proof of ownership of Intellectual Property;
Please provide documentary proof supporting your claim (if any);
Please note that all documentary proof submitted along with this Notice should be "certified as true";
Please note that the information and documents provided in this notice may be shares with the person who is alleged to have infringed your Intellectual Property.