Intellectual Property
- Last Updated: January 7, 2024
FugaMall is firmly committed to respecting and protecting the intellectual property (“IP”) rights of all rights holders. We maintain a strict Intellectual Property Policy to address allegations of infringement, provide rights owners with a clear reporting mechanism, and ensure fair treatment for sellers whose listings may be affected.
This Policy explains how to report alleged intellectual property infringement, how FugaMall evaluates such reports, and how affected parties may respond. For the purposes of this Policy, “Intellectual Property” includes, but is not limited to, copyrights, trademarks, patents, trade dress, and other rights protected under applicable laws.
FugaMall will promptly remove or restrict access to material alleged to infringe intellectual property rights when a compliant and valid report is received.
1. Reporting Intellectual Property Infringement
1.1 Eligibility to Submit a Report
Only the following parties may submit an IP infringement report to FugaMall:
The intellectual property rights owner, or
An authorized agent acting on behalf of the rights owner with proper authorization.
1.2 Good Faith Requirement
All infringement reports must be submitted in good faith and declared under penalty of perjury. Submitting false or misleading claims may result in legal liability.
1.3 Submission Method & Required Information
All reports must be submitted through FugaMall’s Intellectual Property Infringement Reporting Portal (“IP Portal”), and the reporting party must be logged in.
A complete report must include the following:
Clear identification of the intellectual property claimed to be infringed, such as:
Registration or application numbers
Written description of the copyrighted or protected work
Links to the original work
First date of use or publication (if applicable)
Description of the alleged infringement, including whether it appears on:
The physical product
Product packaging
Product images
Product titles, descriptions, or other listing content
URLs of the allegedly infringing product listings
Identification of the alleged infringer(s)
Supporting documentation, where available (e.g., authorization letters, test purchase order IDs, screenshots)
Complete contact information of the reporting party (name, address, phone number, and email)
Any additional information required under applicable laws
1.4 Additional Verification
FugaMall reserves the right to request additional documentation or verification before processing any infringement report, including proof of ownership or authority to act on behalf of the rights holder.
2. Copyright Infringement Notices
If you are a copyright owner or an authorized representative and believe your copyrighted work has been infringed, you may submit a Copyright Infringement Notice through the IP Portal. The notice must include:
A physical or electronic signature of the person authorized to act on behalf of the copyright owner
Identification of each copyrighted work claimed to have been infringed (multiple works may be included in one notice)
Identification of the infringing material and information reasonably sufficient for FugaMall to locate it
Contact information, including address, phone number, and email
A statement confirming a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement affirming that:
The information provided is accurate, and
The reporting party is the copyright owner or is authorized to act on their behalf, under penalty of perjury
Any other information required by applicable copyright laws
Important Notice
If you knowingly misrepresent that material is infringing, you may be liable for damages. If you are uncertain whether content infringes your rights, FugaMall strongly recommends seeking independent legal advice before submitting a notice.
Enforcement Actions
Upon acceptance of a valid infringement notice, FugaMall may:
Remove or disable access to the reported content
Take appropriate action against the responsible party
Details of enforcement actions that are not public in nature will not be disclosed.
Repeat Infringer Policy
FugaMall enforces a repeat infringer policy and may suspend or terminate accounts that repeatedly violate intellectual property rights, where appropriate.
3. Counter-Notice to Copyright Claims
If a seller or content provider believes that removed or disabled material does not infringe intellectual property rights, or that it was removed due to mistake or misidentification, they may submit a counter-notice through the IP Portal.
A valid counter-notice must include:
A statement explaining why the content provider believes the removal was due to error, misidentification, or lawful authorization
Any additional information or documentation required under applicable laws
Upon receipt of a valid counter-notice, FugaMall will respond in accordance with applicable legal requirements.
4. Withdrawal of Infringement Reports
An intellectual property owner or authorized agent may withdraw a previously submitted infringement report through the IP Portal.
The withdrawal request must clearly identify:
The original report
The complaining party’s information
The intellectual property right previously claimed
The content or material to which the withdrawal applies
5. False or Abusive Notices
5.1 Rejection of Invalid Reports
FugaMall reserves the right to reject any infringement report that appears to be:
False or misleading
Fraudulent
Incomplete
Submitted in bad faith
5.2 Abuse of Reporting System
Repeated submission of inaccurate, misleading, or fraudulent notices may result in:
Suspension or removal of reporting privileges
Additional actions permitted under applicable laws
Contact & Compliance
This Policy is designed to protect the rights of intellectual property owners while maintaining a fair and lawful marketplace for sellers and customers on FugaMall.