Copyright & Trademark Complaints

1. Where to send a complaint

Our designated agent for copyright complaints under the DMCA is:

Trademark complaints go to the same address. Email is fastest. Complaints sent anywhere else — to support, or to the shop — may not reach the right person in time.

2. Reporting copyright infringement (DMCA notice)

Under the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)), your notice must include:

1. your physical or electronic signature, as the copyright owner or a person authorized to act for them;
2. identification of the copyrighted work you say is infringed — or, if several, a representative list;
3. identification of the material you say infringes, with enough detail for us to find it: the shop and product page addresses (URLs) are best;
4. your name, mailing address, phone number and email address;
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act on the owner’s behalf.

A notice missing these elements may not be actionable, and we may ask you to complete it.

3. Reporting trademark infringement

The DMCA covers copyright only, but we handle trademark complaints the same way. Please include:

• your name, the trademark owner’s name, and your relationship to the owner;
• the mark, with its registration number and country of registration, or a description of how it is used if it is unregistered;
• the shop and product page addresses (URLs) where the infringing use appears;
• your contact details; and
• a statement that you believe in good faith the use is not authorized by the owner, its agent or the law, and that the information you provide is accurate.

4. What we do with a complaint

1. We review the complaint, normally within one business day of receiving it.
2. If it is complete, we remove or disable the material, unlist the products that use it, and hold any orders for it that have not yet been printed.
3. We tell the shop what was removed and why, send it a copy of the complaint (your contact details may be included so the shop can resolve it with you directly), and, for copyright, explain how to file a counter-notice.
4. We record a strike against the shop under our repeat-infringer policy, and add the removed design to our screening set so it is flagged if uploaded again.

5. Counter-notices: if your content was removed

If you are a shop and believe material was removed by mistake or misidentification, you may send a counter-notice to the agent above. Under 17 U.S.C. § 512(g)(3) it must include:

1. your physical or electronic signature;
2. identification of the material that was removed and where it appeared before removal;
3. a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification;
4. your name, address and phone number; and
5. a statement that you consent to the jurisdiction of the federal district court for the judicial district of your address, and that you will accept service of process from the person who sent the original complaint or their agent.

We will forward a valid counter-notice to the person who complained. Unless they tell us, within 10 business days, that they have filed a court action seeking to stop the infringement, we will restore the material between 10 and 14 business days after receiving the counter-notice, and withdraw the strike.

For trademark removals, reply to our removal email with your evidence — for example a license from the owner or your own registration — and we will review it.

6. Please be accurate

Under 17 U.S.C. § 512(f), anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and attorneys’ fees. If you are not sure whether something infringes your rights, consider getting legal advice before sending a notice.

Questions about this process that are not complaints: legal@themerchcounter.com.