Trademark Infringement Policy

Rumef ("we", "us", "our") supports the protection of intellectual property and expects users of rumef.com (the "Site") to respect the trademark rights of others. It is our policy to respond expeditiously to clear and specific notices of alleged trademark infringement. Our response may include removing or disabling access to the material identified.

This policy concerns trademarks only. If your claim concerns copyright, please use our DMCA Policy instead, which follows the separate statutory procedure under 17 U.S.C. § 512.

Notice regarding false or abusive claims

Unlike copyright, trademark law provides no statutory takedown procedure and no statutory penalty equivalent to 17 U.S.C. § 512(f). That does not make a bad faith trademark complaint consequence-free.

A notice asserting rights the sender does not hold, or targeting a use the sender knows to be lawful, can give rise to liability for tortious interference with contract and with prospective economic advantage, for unfair competition under state and federal law, and — where a registration was obtained by fraud — under 15 U.S.C. § 1120. Courts have also imposed sanctions on parties who direct campaigns of baseless takedown notices at competitors.

We record every notice we receive, together with the sender's identifying information and the representations made in it. Where we have reason to believe a notice was filed to suppress lawful competition rather than to protect a genuine mark, we will preserve that record and pursue the remedies available to us.

None of this is directed at legitimate rights holders. If you own a mark and believe our Site is infringing it, tell us and we will look at it promptly.

Before you file

Trademark rights are narrower than is often assumed. The following uses are, in general, not infringement, and a notice targeting them is unlikely to succeed:

• Resale of genuine goods. Under the first sale (exhaustion) doctrine, a party who lawfully acquires genuine branded goods may generally resell them without the mark owner's permission. Exceptions exist, most notably where the goods are materially different from those the owner authorised for the market in question, or where the reseller has interfered with the owner's quality control measures.
• Nominative fair use. Referring to a product by its actual name, for purposes of compatibility, comparison or identification, is generally permitted where no more of the mark is used than necessary and nothing suggests sponsorship or endorsement.
• Descriptive use. Using a word in its ordinary descriptive sense, rather than as a mark, is generally permitted.
• Comparative advertising. Truthful comparison to a competitor's named product is generally permitted.

Trademark rights are also territorial, and limited to the goods and services for which the mark is registered or used. A registration in one country, or in one class, does not automatically reach conduct in another.

Conversely, registration is not a precondition for asserting rights. In the United States and in a number of other jurisdictions, unregistered marks can acquire enforceable rights through use in commerce, and we will consider a well-supported common law claim on its merits. If you are not sure whether trademark law protects the material in question, we suggest you consult a lawyer before filing.

What your notice must contain

So that we can assess and act on your claim, please include all of the following:

1. The mark you are asserting, and the goods or services it covers.
2. If the mark is registered: the registration number, and the office and country of registration. If you are asserting unregistered rights: the territory, the date of first use in commerce, and the evidence supporting that use.
3. Your name, company affiliation, mailing address, telephone number and email address. If you are not the owner of the mark, describe your authority to act on the owner's behalf.
4. The URL of each page or listing you are asking us to remove, together with identification of the specific material on it — the image, the wording, the product name — that you say infringes. A notice that identifies an entire store or an entire catalogue without specifying the material at issue is not actionable, and we will ask you to narrow it.
5. An explanation of why the use complained of creates a likelihood of confusion as to source, sponsorship or affiliation, or otherwise infringes your rights. If your claim is that goods are counterfeit rather than a confusingly similar imitation, please say so explicitly and explain the basis on which you reached that conclusion.
6. A statement that you have a good faith belief that the use complained of is not authorised by the mark owner, its agent, or the law.
7. A statement that the information in your notice is accurate, and that you are the owner of the mark or are authorised to act on the owner's behalf.
8. Your full legal name and your physical or electronic signature.

What happens after we receive a notice

We review notices in the order received. Where a notice is clear and specific, we will act expeditiously to remove or disable access to the material identified. Where a notice is incomplete, does not identify the material with enough precision for us to act, or targets a use we consider lawful, we will tell you what is missing or why we disagree, and give you an opportunity to respond.

We will make a reasonable effort to notify any affected party that material has been removed, and to provide them with a copy of the notice, including the contact details you supplied. If you do not wish your contact details to be passed on, please do not file a notice.

If your material was removed

If material of yours was removed under this policy and you believe the removal was mistaken, please write to the contact above and include: the material that was removed and where it appeared; the basis on which you say the use is lawful — for example that the goods are genuine and lawfully acquired, or that the use is nominative or descriptive; and your name, address, telephone number and email address. We will review your response and, where appropriate, restore the material and inform the original complainant.

Repeat infringers

We reserve the right to terminate, in appropriate circumstances, the accounts of users who repeatedly infringe the trademark rights of others.

Contact

Use the form below to submit a trademark notice or to respond to a removal. Please include all of the elements listed above in the message field.