Copyright and Trademark

Shoplazza supports the protection of intellectual property and the Acceptable Use Policy   prohibits posting or uploading content that infringes on the copyright or trademarks of others.

About Intellectual Property

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

Store owners need to protect their intellectual property, and make sure that they don't infringe on someone else's intellectual property.

About Copyright

• What can be protected using copyright?

A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, etc.

Generally, copyright protects original expressions such as words or images. It does not protect facts and ideas, although it may protect the original words or images used to describe an idea.

• What rights does copyright give the owner?

A copyright owner has the exclusive rights to copy, display, distribute, sell, or perform their works, or to create derivative works. A copyright owner controls how their works are used, and others who want to use their works need to get their permission. If someone uses copyrighted works without permission from the owner, then they might be infringing on the copyright.

• How to get the copyright?

In the majority of countries, and according to the Berne Convention  , copyright protection is obtained automatically without the need for registration or other formalities.

In some countries, a copyright owner can protect its copyrighted material by registering the material with a country-specific copyright office (for example, US Copyright Office).

Learn more about copyright on the U.S. Copyright Office website   or the World Intellectual Property Organization’s Guide  to copyright.

About Trademarks

• What is a trademark

A trademark is a word, symbol, or design (such as a stylized brand name or logo) that a company uses to identify its goods or services and to distinguish them from other companies' goods and services. Generally, trademark laws exist to prevent customer confusion about the source of goods or services.

• How to protect Trademarks?

You can file a trademark application with a country-specific trademark office which you are seeking protection.

• What kinds of trademarks can be registered?

A word or a combination of words, letters, and numerals can perfectly constitute a trademark. But trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and packaging of goods, non-visible signs such as sounds or fragrances, or color shades used as distinguishing features（specific standards are subject to the provisions of each country/region trademark law).

Learn more about trademarks on the United States Patent and Trademark Office website   or World Intellectual Property Organization’s Guide  to trademarks.

Dropshipping and Intellectual Property

• Is the Intellectual Property applicable to Dropshipping?

The Intellectual Property is applicable to dropshipping.

• Some product categories that carry a higher risk of being copyrighted, branded or trademarked goods can include:
• clothing
• designer bags
• watches
• cosmetics
• electrical items
• toys
• Tips to Avoid Dropshipping Copyright Infringement

• The store owner undertakes a full check of the legitimacy of every product for sale on your website， can include：
• Find Trusted Suppliers
• Ask for a distribution permit
• Get legal consultation

Copyright policy

• Shoplazza responds to copyright complaints submitted under the Digital Millennium Copyright Act (“DMCA”, the text of which can be found in the U.S. Copyright Office website  ). Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.
• It is expected that all users of any part of Shoplazza will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the user’s account.
• In accordance with Section 512(i)(1)(a) of the DMCA  , Shoplazza will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Reporting copyright infringement

You can sign in to use the online form   to report content on Shoplazza that you believe violates or infringes your copyright.

You can also report multiple stores that are infringing on the same copyrighted works in a single form submission. If you falsely report that content infringes on your copyright, then you might be liable for damages.

Copyright notice requirements

The online form   is the most efficient way of submitting a copyright infringement notice. If you can't use the online form  , then you can send a notice that has all of the information that’s required in the DMCA to Shoplazza Team. Your notice needs the following information:

• Your contact information, including your full name, address, phone number, and email address.
• Identification of the original copyrighted work claimed to have been infringed. Provide direct links to the original work. If you don't have direct links, then you can provide a detailed description of your work.
• Links to the content you believe violates or infringes your copyright on Shoplazza. Provide a comprehensive list to each individual page with content you want removed and not just the main shop link.
• The following statements:
• I 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.
• I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• I acknowledge that a copy of this infringement notice, including any contact information provided above, may be provided to the person that posted the content being reported.
• Your physical or electronic signature.

Responding to a notice of copyright infringement

If your store receives a notice of copyright infringement, then Shoplazza's Trust and Safety team will email the store owner to let them know what content was taken offline.

If you have a good faith belief that the content was taken offline as a result of a mistake or misidentification, then you can submit a counter notice. The email includes a link to a counter notice form.

If you can’t use the counter notice form, you can send a counter notice to  Shoplazza Team. Your counter notice needs the following information:

• 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;
• Your name, address, and telephone number;
• The following statements:
• I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located or, if my address is located outside of the United States, I consent to the jurisdiction of the Federal District Court for the District of Delaware;
• I will accept service of process from the party who submitted the DMCA Infringement Notice or its agent;
• I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled and that I am the merchant subject to the DMCA Takedown Notice or I am authorised to act on behalf of that merchant.;
• I acknowledge that a copy of this counter notification, including my full name and contact information, will be provided to the party that submitted the DMCA Takedown Notice.; and
• A physical or electronic signature.

You can reply to the email from Shoplazza’s Trust and Safety team with any questions that you might have.

Trademark policy

It is Shoplazza’s policy to expeditiously respond to clear notices of alleged trademark infringement. Our response to such notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the user’s account.

Shoplazza will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Reporting trademark infringement

You can sign in to use the online form   to report content on Shoplazza that you believe violates or infringes your registered trademark.

You can also report multiple stores that are infringing on the same trademarks in a single form submission. If you falsely report that content infringes on your trademark, then you might be liable for damages.

Trademark notice requirements

The online form   is the most efficient way of submitting a trademark infringement notice. If you can't use the online form   though, then you can send a trademark infringement notice to Shoplazza Team. Your notice needs the following information:

• Trademark owner’s full name.
• Your contact information, including your full name, address, phone number, and email address.
• Include the following information for each trademark at issue:
• a description of the trademark;
• the countries it is registered in;
• trademark registration number; and
• the category of products and/or services covered by the registration.
• Links to the content you believe violates or infringes your trademark(s) on Shoplazza. Provide a comprehensive list to each individual page with content you want removed and not just the main shop link.
• Description of how you believe the content violates or infringes your trademark(s) on Shoplazza.
• The following statements:
• I have a good faith belief that use of the trademark as described above, in the manner I have complained of, is not authorized by the trademark owner, its agent, or the law.
• I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the owner or authorized to act on behalf of the owner of the trademark rights described above.
• I acknowledge that a copy of this infringement notice, including any contact information provided above, may be provided to the person that posted the content being reported.
• Your physical or electronic signature.

Responding to a notice of trademark infringement

When a store receives a notice of trademark infringement, Shoplazza Trust and Safety team will email the store owner to let them know what content was taken offline. If you want to dispute the notice, then the email includes a link to a dispute form. You can reply to the email from Shoplazza’s Trust and Safety team with any questions that you might have.