Gagtalk.com supports the protection of intellectual property and asks their users to do the same. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”).
If you believe that your trademark (the “Infringed Mark”) is being used by a user in a way that constitutes trademark infringement, please provide our contact us page with the following information:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
- Information reasonably sufficient to permit Gagtalk.com to contact you or your authorized agent, including a name, an email address if available ; address and telephone number,
- Identification of the Infringed Mark(s) claimed to have been infringed, including (i) for registered Infringed Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law Infringed Marks, evidence sufficient to establish the time period and geographic area in which the Infringed Mark has been used by you;
- Information reasonably sufficient to permit Gagtalk.com to identify the use being challenged;
- A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Infringed Mark owner, or are authorized to act on behalf of the Infringed Mark owner.
Upon receipt of notice as described above, Gagtalk.com will confirm the existence of the Infringed Mark on the Site, notify the Registered User who posted the Infringed Mark, and take whatever action, in its sole discretion, it deems appropriate, including removal of the Infringed Mark from the Site. A Registered User may respond to notice of take down by showing either (a) that the Infringed Mark has been cancelled, or has expired or lapsed or (b) that the Registered User has a trademark registration, an unexpired license covering the use, or some other relevant right to the Infringed Mark. If the Registered User succeeds in showing either (a) or (b) then Gagtalk.com will not remove the Infringed Mark. If Gagtalk.com decides to comply with a takedown request, it will do so within a commercially reasonable time after receipt of the notice.
Notwithstanding the foregoing, Gagtalk.com will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Site.
Gagtalk.com cannot offer legal advice, interpretation or analysis of the legitimacy of any take down request, counter claim or other legal communication. There are many web- based resources to learn about the DMCA and intellectual property laws. You can learn about the laws regarding these issues from such sources as below.
The text of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/hr2281.pdf
The U.S. federal copyright code : here: http://www.copyright.gov/title17/92chap5.html
More government-provided information on copyrights: http://www.copyright.gov