Last Updated: 01/01/2025
Effective Date: 01/01/2024
Merchifies Global LLC ("Merchifies," "we," "us," or "our") respects the intellectual property rights of others and expects our users to do the same. This policy outlines our procedures for responding to claims of intellectual property infringement on our platform in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
By using Merchifies.com, you agree to comply with this policy and all related procedures.
1. Our Commitment to Intellectual Property Protection
Merchifies operates a print-on-demand marketplace where users create and sell custom products. We contractually prohibit users from uploading, creating, or selling merchandise that infringes upon third-party intellectual property rights, including:
Copyrights: Original works of authorship (artwork, photographs, text, designs)
Trademarks: Brand names, logos, slogans, and commercial identifiers
Trade Dress: Distinctive product packaging, design, or appearance
Rights of Publicity: Names, images, likenesses, and personas of individuals
Design Patents: Ornamental designs for functional items
Our Policy Framework:
Remove or disable access to allegedly infringing content upon receipt of valid notices
Maintain DMCA Safe Harbor protections through compliant procedures
Terminate accounts of users who are repeat infringers
Cooperate with intellectual property owners to protect their rights
Educate users about intellectual property compliance
2. Designated DMCA Agent
Our designated agent for receiving copyright infringement notices under the DMCA is:
DMCA Agent: Legal Department
Company: Merchifies Global LLC
Email: [email protected]
Phone: (307) 381-6808
Mailing Address:
Merchifies Global LLC
DMCA Agent
30 N Gould St, Ste N
Sheridan, WY 82801
United States
Important Notes:
This agent is registered with the U.S. Copyright Office as required by law
For fastest processing, submit notices via email with "DMCA Takedown Notice" in the subject line
For general customer support, contact [email protected]
For trademark and other non-copyright IP issues, contact [email protected]
3. Filing a DMCA Copyright Takedown Notice
3.1 When to Use DMCA Procedures
File a DMCA notice if you believe content on our platform infringes your copyright. DMCA procedures are specifically for copyright infringement. For trademark, right of publicity, or other IP concerns, see Section 6 below.
3.2 Required Elements (17 U.S.C. §512(c)(3))
Your DMCA notice must include ALL of the following elements to be valid:
1. Authorized Signature
Physical or electronic signature of the copyright owner or authorized agent
If acting as an agent, you must have express written authorization
2. Identification of Copyrighted Work
Clear identification of the copyrighted work claimed to be infringed
For multiple works, provide a representative list with sufficient detail
Include copyright registration numbers if available
3. Identification of Infringing Material
Specific URLs of Merchifies product pages containing allegedly infringing content
Detailed description sufficient to locate the material (product names, campaign numbers)
Screenshots or other evidence may be helpful but are not required
4. Your Contact Information
Full legal name (individual or company)
Complete mailing address
Telephone number
Email address
5. Good Faith Statement
Statement: "I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law."
6. Accuracy and Authorization Statement
Statement under penalty of perjury: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner."
3.3 Submission and Processing
How to Submit:
Primary Method: Email to [email protected]
Alternative: Mail to address above
Subject Line: "DMCA Takedown Notice - [Brief Description]"
Our Response Timeline:
Acknowledgment: Within 24 hours of receipt during business days
Content Review: Within 24-48 hours for valid notices
Action Taken: Removal or disabling of allegedly infringing content
User Notification: Prompt notice to affected user with copy of complaint
What Happens Next:
We promptly remove or disable access to the identified content
We notify the user who posted the content about the removal
We provide the user with your DMCA notice (contact information may be redacted for privacy)
We inform the user of their right to file a counter-notice
We document the complaint for repeat infringer tracking
We send you confirmation of our actions
4. DMCA Counter-Notice Procedure
4.1 When to File a Counter-Notice
If you are a Merchifies user whose content was removed due to a DMCA notice, you may file a counter-notice if you believe the removal was due to:
Mistake or misidentification of the material
Fair use or other legal exception to copyright
Authorization or ownership that the complainant was unaware of
False or bad faith claims by the complainant
4.2 Legal Warning
Before filing a counter-notice, understand the risks:
Filing a false counter-notice may subject you to liability for damages, including costs and attorneys' fees (17 U.S.C. §512(f))
The original complainant may file a federal lawsuit against you
Counter-notices are made under penalty of perjury
If you are unsure about your rights, consult with an attorney before proceeding
4.3 Required Elements for Counter-Notice
Your counter-notice must include ALL of the following:
1. Your Signature
Physical or electronic signature
2. Your Contact Information
Full legal name and address
Telephone number and email address
3. Identification of Removed Material
Description of material that was removed or disabled
Location where material appeared before removal (URLs, product names, campaign numbers)
4. Good Faith Statement Under Penalty of Perjury
"I swear, under penalty of perjury, that I have 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."
5. Consent to Jurisdiction and Service
Consent to jurisdiction of Federal District Court in your judicial district (or any district where Merchifies may be found if outside the US)
Consent to accept service of process from the original complainant or their agent
4.4 Counter-Notice Process and Timeline
Submit to: [email protected] with "DMCA Counter-Notice" in subject line
After we receive your counter-notice:
Day 0: We send a copy to the original complainant
Days 1-10: We wait for complainant to notify us of court action
Days 10-14: If no court action is filed, we may restore your content
If lawsuit filed: Content remains removed pending court resolution
Restoration is not automatic and is subject to our review and discretion.
5. Repeat Infringer Policy
5.1 Strike System
We maintain a comprehensive system to track intellectual property violations:
Strike 1: Warning, content removal, and educational resources provided
Strike 2: Temporary account suspension (7-30 days) and additional warnings
Strike 3: Permanent account termination and forfeiture of outstanding payments
5.2 Factors in Enforcement Decisions
We consider multiple factors when evaluating violations:
Severity and scope of the infringement
User's response to previous warnings and educational efforts
Pattern of behavior indicating willful or systematic infringement
Good faith efforts to comply with IP laws
Counter-notices filed and their outcomes
Commercial scale of infringing activity
5.3 Immediate Termination Circumstances
We reserve the right to immediately terminate accounts for:
Mass uploading of clearly infringing content
Commercial piracy or systematic copyright infringement
Abuse of DMCA procedures (false notices or counter-notices)
Evasion attempts (creating new accounts after termination)
Egregious violations that harm our community or business
5.4 Appeals Process
If your account is terminated:
Email [email protected] with "Repeat Infringer Appeal" in subject line
Provide evidence that violations were mistakes, resolved, or constitute fair use
Demonstrate good faith efforts to comply with IP laws
Appeals are reviewed case-by-case; approval is not guaranteed
Strike Expiration: Strikes typically expire after 12 months of compliance, but may be retained longer for risk management or legal requirements.
6. Non-DMCA Intellectual Property Complaints
6.1 Trademark Infringement Reports
For trademark violations, email [email protected] with "Trademark Complaint" in subject line and include:
Required Information:
Your contact information and authority to act
Trademark details (registration number, jurisdiction, goods/services covered)
Proof of ownership (registration certificate or evidence of use)
Specific URLs of allegedly infringing Merchifies content
Explanation of how use creates likelihood of confusion or dilution
Good faith statement that use is unauthorized
Accuracy statement under penalty of perjury
6.2 Right of Publicity Violations
For unauthorized use of names, images, or likenesses, provide:
Identity of the person whose rights are allegedly violated
Proof of authorization to act (if not the individual themselves)
Specific infringing content and URLs
Explanation of commercial use without permission
Evidence of recognition or fame (for celebrity rights)
6.3 Trade Dress and Design Patents
For product design or packaging violations:
Description and evidence of protected trade dress or design patent
Registration details or proof of distinctiveness
Comparison showing substantial similarity
Evidence of likelihood of confusion in marketplace
6.4 Response to Non-DMCA Complaints
Our review process:
Legal team evaluates complaint within 5-7 business days
May request additional documentation or clarification
Provides opportunity for accused user to respond
Makes determination based on applicable law and platform policies
Takes appropriate action (removal, account restrictions, etc.)
7. False Claims and Abuse Prevention
7.1 Consequences of Bad Faith Claims
Under federal law, knowingly making false IP claims may result in:
Liability for damages including costs and attorneys' fees (17 U.S.C. §512(f))
Perjury charges for false statements under oath
Platform restrictions for abuse of reporting procedures
7.2 Anti-Abuse Measures
We may take action against complainants who:
File notices for content they don't own or control
Make false statements about ownership or authorization
Use IP complaints to harass competitors or silence legitimate criticism
Fail to consider fair use, parody, or other legal exceptions
Submit repetitive frivolous complaints
Our responses may include:
Requiring additional verification for future complaints
Limiting or suspending complaint submission privileges
Reporting suspected perjury to appropriate authorities
Providing user information to defendants in related litigation
8. User Education and Compliance Resources
8.1 Understanding Copyright Basics
What Copyright Protects:
Original artistic works (drawings, paintings, photographs, digital art)
Written content (text, poetry, song lyrics, marketing copy)
Musical compositions and sound recordings
Architectural works and technical drawings
What Copyright Does NOT Protect:
Ideas, concepts, or methods (only the expression is protected)
Facts, data, and historical information
Government works (generally public domain in the US)
Works where copyright has expired (entered public domain)
8.2 Fair Use Guidelines
Fair use is a legal doctrine that permits limited use of copyrighted material without permission. Courts consider four factors:
Purpose and Character: Commercial vs. educational use; transformative nature
Nature of Work: Factual vs. creative content
Amount Used: Quantity and substantiality of portion used
Market Effect: Impact on the market for the original work
Important: Fair use is complex and highly fact-specific. When in doubt, seek legal advice or obtain permission from the copyright owner.
8.3 Best Practices for Compliance
For Original Content:
Create your own artwork and designs
Take your own photographs
Write your own text and slogans
Keep records of your creative process
For Licensed Content:
Use only properly licensed stock images and graphics
Verify license terms and restrictions
Keep documentation of licenses and permissions
Ensure licenses cover commercial use and derivative works
For Public Domain Content:
Verify that works are actually in the public domain
Check for trademark rights that may still apply
Be aware that some "public domain" sites may have errors
9. International Compliance
9.1 Global Copyright Recognition
We respect copyright laws worldwide under international treaties:
Berne Convention: Automatic copyright protection in member countries
WIPO Copyright Treaty: Digital rights and technological protections
Bilateral agreements: Specific protections between countries
9.2 Regional Considerations
European Union:
EU Copyright Directive requirements
Article 17 (formerly Article 13) upload filtering obligations
National implementations may vary by member state
Other Jurisdictions:
Canada: Notice and notice system under Copyright Modernization Act
Australia: Safe harbor provisions under Copyright Act 1968
United Kingdom: Copyright, Designs and Patents Act 1988 requirements
9.3 Language and Translation
Notices in English are processed most quickly
We accept notices in other languages and arrange translation when necessary
Legal requirements may vary by jurisdiction of the rights holder
10. Technical and Operational Procedures
10.1 Proactive Content Protection
While not legally required, we may implement:
Automated scanning for obvious copyright violations
Hash-based detection of previously identified infringing content
Pattern recognition for systematic infringement
User reporting tools for community-based enforcement
10.2 Cooperation with Rights Holders
We work with intellectual property owners through:
Trusted reporter programs for verified rights holders
Bulk takedown procedures for large-scale infringement
Educational partnerships to prevent infringement
Technical solutions to reduce repeat violations
10.3 Preservation of Evidence
For Legal Proceedings:
We preserve relevant user data and communications when litigation is reasonably anticipated
Users should maintain records of creation, licenses, and permissions
Evidence destruction may have legal consequences
Consult attorneys about litigation hold obligations
11. Contact Information and Support
11.1 IP-Specific Contacts
DMCA Copyright Notices: [email protected]
Trademark/Other IP Complaints: [email protected]
General Legal Matters: [email protected]
11.2 Response Times
DMCA Notices: 24 hours acknowledgment, 24-48 hours action
Counter-Notices: 24 hours acknowledgment, 10-14 days restoration decision
Trademark Complaints: 5-7 business days review
Appeals: 7-14 business days review
11.3 General Support
Customer Support: [email protected]
Phone: (307) 381-6808
Business Hours: Monday-Friday, 9 AM - 5 PM MT
Mailing Address: Merchifies Global LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, USA
12. Policy Updates and Legal Disclaimer
12.1 Policy Changes
We may update this policy to reflect:
Changes in applicable laws and regulations
Platform improvements and new features
Industry best practices and enforcement experience
Notice of Updates:
Updated policies posted with new effective dates
Material changes communicated via email or platform notifications
Continued use constitutes acceptance of updated terms
12.2 Legal Disclaimer
Important Limitations:
This policy does not constitute legal advice
Intellectual property law is complex and jurisdiction-specific
We recommend consulting qualified attorneys for legal guidance
Our interpretations do not create legal precedent
Courts have final authority on legal disputes
Quick Reference Checklists
DMCA Takedown Notice Checklist
Your signature (electronic signature acceptable)
Identification of copyrighted work(s)
Specific URLs of infringing material on Merchifies
Your complete contact information
Good faith statement of unauthorized use
Accuracy and authority statement under penalty of perjury
DMCA Counter-Notice Checklist
Your signature (electronic signature acceptable)
Your complete contact information
Identification of removed material and prior location
Good faith statement of mistake/misidentification under penalty of perjury
Consent to federal court jurisdiction and service of process
Trademark Complaint Checklist
Proof of trademark ownership (registration or evidence of use)
Specific URLs of allegedly infringing material
Explanation of likelihood of confusion or dilution
Your authority to act and contact information
Good faith and accuracy statements
This policy is effective as of the date listed above and supersedes all previous versions. For questions about intellectual property matters or this policy, please contact our designated agents using the information provided above.
Implementation Note: Ensure DMCA agent registration is current with the US Copyright Office and that all designated email addresses are properly configured and monitored.
