Trademark / DMCA Copyright Infringement Notice

Trademark and Copyright Infringement Claims

To notify Convesio of an alleged trademark or copyright violation, please follow the specific instructions below for either: (A) filing a trademark infringement claim, or (B) filing a copyright DMCA Notice of Alleged Infringement.

If you are responding to a complaint of alleged infringement, you will need to provide a DMCA Counter-Notice as outlined in (C).

A. Trademark Infringement Claims

If you (the “Complaining Party”) would like to submit a trademark infringement claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office (USPTO) on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), Convesio requests that the Complaining Party substantiate such claim by providing the following information via email to: rian@kinneyfirm.com. Include the words “Convesio Trademark Claim” in the subject line of this email.

To be considered effective, a notification of alleged trademark infringement must include the following information:

• The service mark, trademark, trade dress, trade name, or other indicia of origin (“mark”) that is claimed to be infringed, including the registration number.
• The jurisdiction or geographical area to which the mark applies.
• The name, post office address and telephone number of the owner of the mark identified above.
• The goods and/or services covered by or offered under the mark identified above.
• The date of first use of the mark identified above.
• The date of first use in interstate commerce of the mark identified above.
• A description of the manner in which the Complaining Party believes its mark is being infringed upon.
• Sufficient evidence that the owner of the website that is claimed to be infringing is a Convesio customer.
• The precise location of the infringing mark, including electronic mail address, etc.
• A good faith certification, signed under penalty of perjury, stating:
  • The content of the website [identify website] infringing the rights of another party;
  • The name of such said party; 
  • The mark [identify mark] being infringed; and
  • That use of the content of the website claimed to be infringing at issue is not defensible.

Upon receipt of the appropriate information, identified above, for trademark claims, Convesio will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Convesio is investigating the claim, Convesio, at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material from Convesio Auctions, notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on a Convesio server, temporarily remove or deny access to the allegedly infringing material.

If Convesio concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material, continue to suspend the alleged infringer’s Convesio account and/or if it is solely stored on a Convesio server, deny access to the allegedly infringing material. If Convesio concludes that the Complaining Party has not raised a legitimate claim, Convesio will restore access to the allegedly infringing material.

B. DMCA Notice of Alleged Infringement (“Notice”)

Before submitting a DMCA Notice, it’s important to consider if the manner in which the material is used falls under fair use. You are required to give consideration to whether a use of material is fair before submitting a takedown notification. If you are not sure whether material infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.

Please be advised that under Section 512(f) of the DMCA, you “shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and would like to submit a copyright claim for material, Convesio requests you, the Complaining Party, substantiate such claim by providing the following information via email to: dmca@convesio.com. The words “Convesio Copyright Claim” should appear in the subject line of the email.

To be considered effective, a notification of a claimed copyright infringement must be provided to Convesio and must include all of the following information:

• An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
• Identification of, or link to, the material you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Convesio to locate the material.
• Information reasonably sufficient to permit Convesio to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
• Include both of the following statements in the body of the Notice:
  1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” and
  2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.

Please note that if you fail to comply with all of the requirements of this section, and of 17 USC § 512(c)(3), your DMCA Notice may not be valid.

Upon receipt of appropriate Notice from the Complaining Party, Convesio will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Convesio is investigating the claim, Convesio, at its sole discretion and without any legal obligation to do so, may notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on a Convesio server, temporarily remove or deny access to the allegedly infringing material.

If Convesio concludes that the Complaining Party has raised a legitimate copyright claim, it will continue to suspend the alleged infringer’s Convesio account and/or if it is solely stored on a Convesio server, deny access to the allegedly infringing material. If Convesio concludes that the Complaining Party has not raised a legitimate claim, Convesio will restore access to the allegedly infringing material.

C. DMCA Counter-Notice of Alleged Infringement

If you have received a notice of copyright or trademark infringement that you wish to challenge based on a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notification by emailing: rian@kinneyfirm.com and including the following:

• An electronic signature of the alleged infringer.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Florida, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Convesio may be found, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.

Upon receipt of a Counter-Notice as described above, Convesio may provide the Complaining Party with a copy of the Counter Notice, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Convesio will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter-Notice, unless Convesio first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Convesio’s system or network.

D. Repeat Infringers

We do not condone or tolerate copyright infringement or any violation of the intellectual property rights of Convesio or of others. It is our policy to terminate, in appropriate circumstances, users or customers who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks, or any other intellectual property or proprietary works. Convesio reserves the right to define the criteria by which we will determine that an individual is a ‘repeat infringer.’ In the event that repeat infringer’ is defined by statute, law, or regulation as applicable to 17 USC § 512, Convesio will adopt that definition as a minimum standard. 

REGARDLESS OF WHETHER CONVESIO TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, CONVESIO IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL CONVESIO INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY CONVESIO WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.

Last Revised: 1/16/2024