Notice and Takedown
Notice and Takedown
The FARFETCH Notice and Takedown form below allows owners of intellectual property rights to notify FARFETCH of alleged infringements of their rights. FARFETCH aims to deal with notifications of intellectual property infringements expeditiously by removing or disabling access to the allegedly infringing content, if appropriate. Completing this form is therefore the quickest way for us to address your concerns. Once you have submitted your notification, we will investigate the matter as a matter of priority and be in touch with you as soon as possible.
For the purposes of notifications of infringement involving copyright in the US, FARFETCH UK Limited is FARFETCH’s Designated Agent under the Digital Millennium Copyright Act (DMCA). To submit notices of infringement to FARFETCH’s Designated Agent under the DMCA, please use the FARFETCH Notice & Takedown form so that we can process the notices efficiently. Alternatively, you may send a notice of US copyright infringement via email to firstname.lastname@example.org which must include the following information:
• Signature of a person authorised to act on behalf of the intellectual property owner
• Identification of the intellectual property allegedly infringed upon
• Identification and location of the allegedly infringing material on FARFETCH (please provide the URL where appropriate)
• The intellectual property owner’s name, address, telephone number, and email address
• A statement made under penalty of perjury that the notifier has a good faith belief that the material is not authorised by the intellectual property owner, its agent, or the law
• A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorised to make the complaint on behalf of the copyright owner
What can I report?
A. Trademark infringement
A trademark is a sign, such as a word, symbol, or logo, that a company uses to identify and differentiate its goods or services from those offered by other companies. For example, “FARFETCH” is a trademark we use to identify our services. Trademark laws aim to prevent confusion in relation to the origin of goods or services.
Examples of trademark infringement issues include:
- Selling counterfeit or fake products of a branded item
- Misusing a brand name (labelling an item with a brand that it isn’t manufactured by)
- Misusing a logo (using logos owned by another party without consent)
B. Design right infringement
Generally, design rights relate to the shape of products or the way they look, as opposed to how they work and the ideas behind them. A design right therefore protects a product (or part of a product’s) appearance, which results from its features. For example, the product’s lines, colours, shape, texture or materials, but not its functionality. Design rights exist to prevent unauthorised parties from producing or using the design without permission. For example, if the shape and colour used on a designer handbag was reproduced without permission to make a product that imitates it.
C. Copyright infringement
Generally, copyright is a form of legal protection granted to the authors of original creative works, including books, works of art, photographs, computer programs, music or videos. If a work qualifies for protection, the right arises automatically as soon as the original work is created and gives its owner the exclusive right to distribute or copy the work for a fixed period of time.
Examples of copyright infringement include:
- Stock photos or original descriptions taken and copied without permission
- Scanned copies of copyright protected artwork or photographs without permission
- Burning copies of copyright protected music or films without permission
What is not reportable?
This form is for reporting alleged intellectual property infringements. It cannot be used for reporting contractual or distribution issues. Please see more information below:
A. Selective distribution issues where the supplier of a product wishes to control where a product is sold by enforcing distribution agreements with authorised sellers.
B. Contractual issues including, for example, issues relating to contractual restrictions on the way a product is sold.
C. Pricing issues such as the enforcement of pricing policies set by a supplier on the seller.
D. Regulatory compliance issues including, for example, issues relating to the sale of products that are controlled or restricted by governmental or regulatory authorities.
What if I am not the rights owner or their representative?
This form is intended for use by rights owners, or exclusive licensees of rights, to notify FARFETCH of alleged intellectual property infringement. If you are not an owner of the intellectual property rights, or an exclusive licensee, you will not be able to submit a report using this form.
You can consider contacting the right owner and informing them of the allegedly infringing material and encouraging them to contact us via this form.
Can I retract a report?
You can submit a retraction by sending an email with the details of your notification to the FARFETCH team at email@example.com
Who do I contact for troubleshooting issues?
Please contact firstname.lastname@example.org
How do I submit a counternotice (US Copyright notification only)?
FARFETCH accepts counternotices in relation to reports of alleged US copyright infringement, in the event that you consider that copyright protected material has been removed incorrectly. To submit a copyright counternotice to FARFETCH’s Designated Agent, please respond to the email from FARFETCH notifying you that the material had been taken down, or send an email to email@example.com with the following information:
- Your signature (physical or electronic)
- Identification and location of the removed or disabled material
- A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
- Your name, address, telephone number and email address
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which FARFETCH may be found, and that you will accept service of process from the person who provided original notification or an agent of such person.
Upon receipt of a valid counternotice, we will inform the original notice sender of the counternotice, and let them know that the material will be reinstated unless they inform FARFETCH that a Court action has been filed. In the event that no Court action is filed, the removed material will be restored between 10 to 14 business days following receipt of the valid counternotice.
Who is FARFETCH’s Designated Agent for the purposes of the DMCA?
FARFETCH UK Limited, Attn: Legal Department, The Bower, 211 Old Street, London, England, EC1V 9NR
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