Intellectual Property Policy
This article applies to selling in: Canada
This policy provides an overview of intellectual property (IP) rights and some common IP concerns that might arise when selling on GraceMee. Even When you sell on GraceMee:
- You must comply with all federal, state, and local laws and GraceMee policies applicable to your products and product listings
- You may not violate the IP rights of brands or other rights owners
Violating this policy may result in loss of selling privileges or other legal consequences.
Important: This policy is not legal advice. You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others.
There are 3 main types of IP rights:
- Copyrights are legal protections for original works of authorship
- Trademarks are legal protections for a word, symbol, design, or combination of the same that a company uses to identify goods and services
- Patents are legal protections for inventions
GraceMee’s IP enforcement
Responding to an IP infringement notice. If you receive a notice or warning for infringement and you believe the rights owner or GraceMee made an error, you may appeal or dispute the claim.
Type of notice or warning
Actions you may take
For a product you never listed on GraceMee
Reply to the notification you received and let us know that you have never listed the reported product. We will investigate to determine if an error occurred.
If you have an established relationship with the rights owner
If you have a license or other agreement that allows you to use the IP identified in the notice, contact the rights owner who submitted the complaint to request a retraction. Your content may be reinstated if we receive a retraction from the rights owner.
Trademark or Counterfeit infringement on the product or packaging
Use the Account Health Dashboard present in your selling account to provide an invoice or Order ID that demonstrates the authenticity of the product. We will then re-evaluate the notice and your content may be reinstated.
Trademark or Counterfeit infringement on the product detail page
Modify the product detail page or pages to ensure they do not infringe the trademark and then submit your appeal by going to the Contact us page.
If you believe your listing was removed in error, you may submit your appeal by going to the Account page(링크). Please provide supporting documentation (e.g., letter of authorization, licensing agreement). We will then re-evaluate the notice, and your content may be reinstated.
Reply to the notification you received, with specific reasons as to why you believe a mistake was made. You may also provide a court order demonstrating that your product is non-infringing or that the asserted patent is invalid or unenforceable.
You may file a counter-notice under the Digital Millennium Copyright Act. The counter-notice must be sent to the email provided in your copyright warning and must include:
- Multiple warnings of IP infringement. If you have received multiple warnings of IP infringement and you believe you are selling non-infringing products, submit an appeal via Contact us form with the following information:
A list of the allegedly infringing ASINs and at least one of the following, as applicable:
a. Invoices proving the authenticity of your products (you may remove pricing information); OR
b. GraceMee order IDs demonstrating product authenticity; OR
c. An authorization letter from the rights owner (cannot be a forwarded email); OR
d. A court order finding that your product does not infringe the asserted IP, or that the asserted IP is invalid or unenforceable.
- Account suspension. If your account has been suspended because of notices of IP infringement against your products or content, you can provide us with a viable Plan of Action through contact us form.
You should send your Plan of Action via your account dashboard(링크) or reply to the account suspension notification that you received. We will evaluate your Plan of Action and determine if your account may be reinstated. Note that GraceMee terminates the accounts of repeat infringers in appropriate circumstances.
- Affiliates and Sellers are expected to follow the law. GraceMee takes claims of IP infringement seriously. Even if a seller is infringing IP without knowledge, we will still take action and the seller’s account might receive a warning or be suspended. You should consult an attorney for help to ensure that you have the right procedures in place to prevent IP infringement.
Intellectual Property Policy for Sellers
- Intellectual Property Policy – FAQ about Copyrights , Trademarks and Patents.