Copyright, Trademark, and Patents
PHI Sellers takes Intellectual Property (“IP”) rights very seriously. This article outlines how PHI Sellers addresses IP disputes for content on our platform (i.e. the Services).
Important Note: PHI Sellers cannot give you legal advice on these issues and this article does not constitute legal advice. We recommend that you consult with an attorney before submitting any correspondence to us such as a demand letter or a take-down request, or if you have any questions about IP rights.
Copyright Infringement Notice
If you think someone is infringing your copyrighted content on the PHI Sellers platform, under the Digital Millennium Copyright Act of 1998 (“DMCA”), you can contact us and send us a take down notice for that content. Before you send us a take down notice, be sure that it has all of the elements listed below, or your complaint will not be considered to be complete. We are not required to take action on incomplete DMCA notices.
Your complaint must have all of the following:
- A physical or electronic signature (typing your full name will suffice) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complainant”);
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work), or, if multiple infringed works at a single online website are covered by a single notification, a representative list of such works at that website;
- 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 PHIFunding the material (e.g., a link to your original work);
- Information reasonably sufficient to permit PHIFunding to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted;
- A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are reporting the content of a comment, please send us a screenshot or otherwise specify where the alleged infringement is. A LINK TO A PROFILE PAGE IS INSUFFICIENT FOR PHIFunding TO IDENTIFY INFRINGING MATERIALS.
How do I report a copyright violation?
Once you have all of the information you need for your copyright infringement complaint, please send the complete complaint to PHI Sellers’s registered DMCA Agent by mail or email (current DMCA Agent information is below, this information may change from time to time).
Designated DMCA Agent:
Jairo Arosemena
PHI Sellers.
Cali. Valle. Colombia
Email: contact@positivhub.org
What happens after PHI Sellers receives the notice?
When we receive a complete DMCA take down notice, we will review the complaint and may remove the infringing content or disable users’ access to their Campaign or PHI Sellers account. We will also forward a copy of the complaint to the PHI Sellers User, along with the Complainant’s contact information.
I’m the PHI Sellers User and I want to dispute the infringement notice
If you are the PHI Sellers User whose material was removed (the “Respondent”) and you believe that your material has been removed or disabled by mistake or misidentification after reviewing the DMCA notice that we forward to you, you will have 5 business days from your receipt of the infringement notice to dispute the claims in a counter notice. You can do so by submitting a complete counter notice by mail and email to our registered DMCA agent (see above). Please note, we are not required to act on incomplete DMCA counter notices.
In order for the counter notice to be complete, it must include all of the following:
- a physical or electronic signature of the Respondent;
- 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;
- A statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
If you would like to be able to remove the contested material and PHI Sellers has disabled your access to your PHI Sellers account or Campaign after we forward a DMCA notice to you, then we may choose, in our sole discretion, to briefly reactivate your account to allow you to remove the material. Failure to follow PHI Sellers’s instructions regarding reactivation may result in permanent suspension of the Respondent’s PHI Sellers account.
What happens next?
After we have received your completed counter notice, we will forward the counter notice to the Complainant. We may then decide, in our sole discretion, to replace the removed material or suspended PHI Sellers account between ten (10) to fourteen (14) business days following PHI Sellers’s receipt of the counter notice, unless we receive written notice from the Complainant that they have filed an action seeking a court order against the Respondent’s activity relating to the unauthorized use of the copyrighted material.
As a reminder, we will take no action upon any failure to provide the information or otherwise follow the process outlined above. All DMCA notices and counter notices must be in English.
Trademarks
PHI Sellers has a different process when it comes to certain types of trademark infringement claims. If you believe your registered word mark or registered service mark is being infringed on the PHI Sellers platform, please follow the process below. For all other types of trademarks like trade dress and non-traditional marks including for example sounds, smells and colors, this process does not apply and we would need to receive a valid court order before we can take action on these types of trademark infringement claims.
To submit a complete claim of trademark infringement, please include all of the following:
- A statement in good faith from you, the Complainant;
- A statement made under penalty of perjury that the information in the complaint is accurate and that you are the owner or authorized to act on behalf of the owner of the trademark rights described in your complaint. Please note that you may be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your trademark(s);
- A statement that you acknowledge that a copy of this infringement notice, including any contact information provided above, may be provided to the PHI Sellers User whose content is the subject of the complaint;
- Identifying the mark as it is used on the PHI Sellers platform and sufficient information for PHI Sellers to identify where it is used on the PHI Sellers platform;
- Explaining the basis for the claim of infringement including any applicable registration numbers and countries where the mark is registered; and
- The Complainant’s contact information.
How do I report a covered trademark violation?
Once you have all of the information you need for your trademark infringement complaint, please send the complete complaint to PHI Sellers’s registered DMCA agent by mail or and email (see above for that information).
What happens after PHI Sellers receives the notice?
When PHI Sellers receives a complete trademark infringement notice, we will respond. The response to such notices may include, but is not limited to, removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the user’s account.
Patents
If you believe that a project is offering an item or service that infringes on a valid and enforceable patent, please follow the process below and submit the complaint to contact@positivhub.org. Be sure to include all of the following information in your message:
- Explaining the basis for the claim of infringement including any applicable patent registration numbers and countries where the mark is registered, court order, or International Trade Commission order finding infringement;
- The PHI Sellers URL of infringing project;
- Your full legal name;
- Your email address (please use company email address);
- Company name (optional);
- Company street address (optional);
- A statement that you understand that PHIFunding may provide third parties, including the affected user, with a copy of this complaint; and
- A statement under penalty of perjury that the information in this complaint is true and correct and that you are the patent holder or are authorized to act on the patent holder’s behalf. Please note that you may be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your patent(s)
PHI Sellers will review claims of patent infringement and will expeditiously respond to these claims. The response to such notices may include, but is not limited to, removing or disabling access to material or project claimed to be the subject of infringing activity, and/or terminating the user’s account.
We will remove from public view any project that is the subject of a court order finding infringement of an intellectual property right of any kind.
