Trademark and Copyright Infringement Policy
Broker Alliance Network, Inc. d/b/a IC Source (“IC Source”) has established the following policies for considering trademark and copyright infringement claims arising out of the use of its Web site (the “IC Source Site”) and the services provided on the IC Source Site.
NOTICE: It is IC Source’s policy to provide for the termination, in appropriate circumstances, of IC Source customers and members who are repeat infringers of copyright-protected works, trademarks or any other intellectual property.
Copyright and Trademark Claims
1. To notify IC Source that there has been a copyright or trademark violation on the IC Source Site, please follow the specific instructions in (A) for filing a trademark claim, or (B) for filing a copyright complaint.
2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).
A. Trademark Claims
1. If you would like to submit a trademark claim for violation of a mark for which you hold a valid trademark or service mark registered on the United States Principal Register of Trademarks, you must do so in writing. Please substantiate such claim by providing us with the following information via email to email@example.com, or by fax addressed to the attention of Peter Moran at 518-885-5520. The words “Trademark Claim” should appear in the subject line. Please understand that IC Source and its members (each, a “Member”) who post goods for sale through the IC Source Site are bound by the IC Source Member Agreement <http://www.icsource.com/agreement.aspx> (the “Member Agreement”). Nothing in this Policy should be construed to supersede the Member Agreement, nor the obligation of IC Source and its Members to abide by it.
To be considered effective, a notification of a claimed trademark violation must be provided via email or fax to us and must include the following information:
a. The trademark, service mark, trade dress, name, or other indicia of origin (“Mark”) that you claim is being infringed by a posting or listing on the IC Source Site.
b. A copy of the valid registration certificate issued for such Mark.
c. If such registration is in your name, sufficient evidence of your protectable interest in the Mark (such as a valid exclusive license or assignment).
d. The name, mailing address and telephone number of the owner of the Mark identified above.
e. The Mark posted on the IC Source Site you believe is infringing your Mark.
f. The goods covered by or offered under the Mark you believe is infringing your Mark.
g. The precise location on the IC Source Site of the Mark that you claim is infringing, including the name of the alleged infringer, any email address, mailing address, etc.
h. A good faith certification, signed under penalty of perjury, stating:
i. The mark [identify mark] infringes the rights of [identity person or entity whose rights you believe are infringed],
ii. The mark [identify mark] being infringed,
iii. That the registration represented by the registration certificate provided to IC Source is in force, and neither the registration nor the mark being infringed has been cancelled or abandoned, and
iv. That use of the mark [identify mark] claimed to be infringing at issue is not defensible.
2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, we may initiate an investigation. While we are investigating the claim, at our sole discretion and without any legal obligation to do so, we may notify the alleged infringer of your claim, suspend the Member’s IC Source account and/or temporarily remove or deny access to the challenged material.
3. If IC Source concludes that you have raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the Member’s IC Source account and/or deny access to the challenged material. If we conclude that you have not raised a legitimate claim or if it is not clear whether you have raised a legitimate claim, we will restore access to the challenged material.
B. Copyright Claims
1. If you (the “Copyright Claimant”) would like to submit a copyright claim for material on which you hold a bona fide copyright, please substantiate such claim by providing us with the following information via email to firstname.lastname@example.org,or by fax addressed to the attention of Peter Moran at 518-885-5520. The words “Copyright Claim” should appear in the subject line.
To be considered effective, a notification of a claimed copyright infringement must be provided via email or fax to us and must include the following information:
a. An electronic or physical signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple works on the IC Source Site are covered by a single notification, a representative list of such works.
c. 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 us to locate the material.
d. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted.
e. 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 owner, its agent, or the law.
f. 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.
2. For Copyright Claims, upon receipt of appropriate email or fax notification from you, pursuant to Paragraph 1 of Copyright Claims above, we will remove or disable access to the material that is claimed to be infringing.
3. If you provide us with appropriate email or fax notification pursuant to Paragraph 1 of Copyright Claims above, including information reasonably sufficient to permit us to locate and remove or disable the material in question, or include information concerning repeat infringement, then IC Source will forward your written notification to the alleged infringer and will take reasonable steps promptly to notify the infringer that we have removed or disabled access to the material.
C. Counter Notification Policy
1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing email@example.com or by fax addressed to the attention of Peter Moran at 518-885-5520, and including the following:
a. A physical or electronic signature of the allegedly infringing Member.
b. 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 access to it was disabled.
c. A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d. The Member’s name, address, and telephone number, and a statement that the Member consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Member’s address is outside of the United States, for the Federal District Court for the Northern District of New York, and that the Member will accept service of process from the Copyright Claimant or an agent of the Copyright Claimant.
2. Upon receipt of a Counter Notification as described in Paragraph 1 of Counter Notification Policy above, we will promptly provide the Copyright Claimant with a copy of the Counter Notification, and inform the Copyright Claimant that we will replace the removed material or cease disabling access to it in 10 business days. IC Source will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless our designated agent first receives notice from the Copyright Claimant that such Copyright Claimant has filed an action seeking a court order to restrain the alleged infringing Member from engaging in infringing activity relating to the material on IC Source’s system.