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Notice and Takedown Procedure - How to File an Intellectual Property Complaint

Notice and Takedown Procedure - Reports and Complaints

If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify Teespring by filling out our Notice and Takedown Report Form.  Your complaint must include the following important information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter

  2. A description of the matter claimed to have been infringed

  3. The URL (or URLs) identifying where the claimed infringing content is located on the Teespring site. URLs should be in the following form: https://teespring.com/[campaign]

  4. Your address, telephone number, and email address

  5. The date you first created the work

  6. The date and manner in which you first made the work public or used the work in commerce

  7. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law

  8. A statement by you, made under penalty of perjury, that:

    1. the above information is accurate; and

    2. you are authorized to act on behalf of the owner of the rights involved

  9. Electronic documents, images or links to URLs establishing the following:

    1. A copy of the work

    2. The date you first created the work or used the work in commerce

    3. The date and manner in which you first made the work public

    4. Any other documents or information supporting your claim (i.e. trademark or copyright registration information, proof of ownership/authorization to act, etc.)

In order to expedite the process, all IP claims must be submitted via our Notice and Takedown Report Form. In the event you have technical difficulties with the form, you can file a complaint with Teespring’s Designated Agent for complaints at: legal@teespring.com. Notice and Takedown Reports filed via Teespring’s Designated Agent will not be accepted unless they contain all the required information indicated above.

IMPORTANT NOTICE: Your claim, including the personal contact information you provide, will be forwarded directly to the complainant.

 

If Your Work Has Been Included in a Notice and Takedown Report 

If Teespring has received a valid Notice and Takedown Report which specifically includes one or more of your works, the noted works will be removed.

The Notice and Takedown Report that has been received may or may not have also included other works by other artists, and by removing the work, we are not stating that your work does or does not infringe copyright, trademark or publicity rights law.

We have must act on reports filed in accordance with our IP/Publicity Rights Policy.

While the work may not have been a direct copy of someone else's work, it may contain elements, logos, or personal likenesses which may infringe on another's rights.

If you believe a report was in error or should not apply to your work, you have the right to lodge a counter-notification.

We do apologize that we are legally not able to provide individual copyright, trademark or publicity rights advice, or give personal opinions on these matters.

We recommend that you research the relevant copyright, trademark and publicity rights laws and their application to your work or consult an IP specialist if you are unsure why your specific work may have been included in a Notice and Takedown Report.

Filing a Counter Notice

If you believe that removal of the content is the result of a mistake (for example, that you have authorization) or misidentification, you can send us a counter notice through our counter notice form. Such counter notice must provide the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter

  2. A description of the content which we have removed, including the URL on which the content was located on the Teespring site

  3. Your address, telephone number, and email address

  4. A statement by you that you consent to the jurisdiction of the Federal District Court, San Francisco County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person

  5. A statement by you that, under penalty of perjury, you have 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

  6. A description of the factual and/or legal reasons why you believe that the material should not have been removed

  7. Electronic documents, links, images or URL which support your claim (i.e. trademark registration information, copyright registration information, proof of your prior use, etc.)

In order to expedite the process all counter notice claims must be submitted via our Counter-Notification Form. In the event you have technical difficulties with the form, you can file your Counter Notice with Teespring’s Designated Agent at: legal@teespring.com. Counter Notices filed via Teespring’s Designated Agent will not be accepted unless they contain all the required information indicated above.

If we receive your counter notice but your work does not comply with the Teespring Terms of Service, IP/Publicity Rights Policy, Acceptable Use Policy, and/or any other Teespring Policy, we may inform you that we are not be able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated.

If we determine that we are able to reinstate your work, we will forward your counter notice directly to the complainant, which will include your personal contact information. At that time the complainant may take legal court action against you in the United States. If, after 14 days, the complainant has not taken legal action against you, you may contact us to request that we reinstate your work. If your work otherwise complies with our User Agreement and IP/Publicity Rights Policy, we may reinstate your work at that time.

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