Respect Trade mark Rights
Using a trade mark without the trade mark owner’s permission on the FruitLab Platform in a manner that may mislead or confuse others about who you are, or your brand affiliation, may violate our Trade mark policy and constitute an infringement of a third party’s intellectual property rights.
To provide more clarity to our users this policy, together with our Community Guidelines, details how we handle and evaluate instances of trade mark infringement on the FruitLab Platform.
1. Don’t Impersonate Others!
You cannot pretend to be any other person or pretend to be affiliated with a company or use their logo and / or trade marks without their permission.
So don’t do things that would cause confusion between you, or your community, and a person or company. See our Community Guidelines for more information.
2. What is not a Violation of This Policy
Any reference to another’s trade mark is not an automatic violation. For example, uploading a comment that reads “I love playing Fortnite!” will not violate this policy.
It is permissible for an account holder to use a trade mark in a manner that is outside the scope of the trade mark owner’s rights. For example, a trade mark for building services likely will not apply to gaming activities.
You can also use someone’s trade mark to refer to their goods or services – just not in a way that confuses other users about whose trademark it is. Also, you must not upload copies of logos which are trade marks or protected by copyright.
FruitLab allows account holders to create commentary and fan accounts, provided the accounts meet the following requirements:
- Include a description on the channel page/community page that would be understood by others that the group or account holder is not affiliated with the trade mark by using words such as “fan,” “commentary,” “subscribers of,” etc.
- Account or community names should not be the exact trade mark without some other distinguishing word such as “fan,” “subscriber,” “commentary,” or “players”.
3. How do you Report a Violation of This Policy
If you are a trade mark holder and you wish to report a potential infringement. When asserting a trade mark violation, you should identify the allegedly infringing work and the legal basis for your claim, including the registration and/or application numbers for your trade mark.
Please provide a report to support@FruitLab.com that includes the following information:
- Your contact information (name, email, address, telephone number, website);
- Identify if you are the trade mark owner or an agent authorised to act on behalf of the trade mark owner;
- Identify the trade mark that is being infringed;
- Identify the Registration No. or Application No. associated with your trade mark;
- Identify where the trade mark is registered (such as with the USPTO, UKIPO or EUIPO);
- Describe the goods or services in connection with which you use your trade mark
- Describe where you use your trade mark; and
- Identify the location of the infringing activity on the FruitLab Platform (e.g. by providing us with a link or screenshots) and describe how it is a violation
We only investigate reports from a trade mark owner or authorized agent.
4. How Does FruitLab Respond to Trademark Reports?
Upon receipt of a report from a rights holder, we will review the report to determine that it is complete and if there has been a violation of this policy or our Community Guidelines.
If you upload any content that contravenes this policy, or the rights of any third party you may be subject to a takedown notice from the rights owner and we reserve the right take action described in our Community Guidelines.