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 Intellectual Property Policy outlines our procedures for addressing claims of copyright, trademark, and other intellectual property infringement in accordance with the Digital Millennium Copyright Act (DMCA) and applicable international intellectual property laws.
By using Merchifies.com, you agree to comply with this Intellectual Property Policy, our Terms of Service, and all applicable laws.
Quick Summary (TL;DR)
We respect all intellectual property rights and prohibit infringement on our platform
DMCA-compliant procedures for copyright takedown notices and counter-notices
Separate processes for trademark, right of publicity, and other non-copyright IP issues
Repeat infringer policy with account termination for multiple violations
User education resources to help avoid infringement
Global compliance with international IP laws and treaties
Proactive protection through automated detection and human review
24-48 hour response to valid IP complaints
Quick Navigation:
Our Commitment
Designated DMCA Agent
Copyright Infringement (DMCA)
Other Intellectual Property
Repeat Infringer Policy
User Guidelines
International Compliance
Contact Information
Our Commitment
Intellectual Property Protection
Merchifies operates a print-on-demand marketplace built on creativity and original content. We are committed to:
Protecting Rights Holders:
Providing efficient procedures for reporting IP violations
Responding promptly to valid infringement claims
Maintaining DMCA Safe Harbor compliance
Cooperating with law enforcement when appropriate
Supporting Creators:
Educating users about intellectual property rights
Providing clear guidelines for compliance
Offering resources for original content creation
Fostering an environment where creativity thrives
Legal Compliance:
Following all applicable US and international IP laws
Maintaining registration with the US Copyright Office
Implementing industry best practices for content moderation
Regularly updating procedures to reflect legal changes
Types of Intellectual Property We Protect
Copyright:
Original artistic works, illustrations, photographs, and digital designs
Written content including text, poetry, lyrics, and marketing copy
Musical compositions and sound recordings
Software code and digital content
Trademarks:
Brand names, logos, slogans, and commercial identifiers
Service marks and certification marks
Trade dress and distinctive product packaging
Domain names and business identifiers
Other Rights:
Rights of publicity (names, likenesses, personas of individuals)
Design patents for ornamental product designs
Trade secrets and confidential business information
Moral rights where applicable under international law
Designated DMCA Agent
Our designated agent for receiving copyright infringement notices under the Digital Millennium Copyright Act (17 U.S.C. §512) is:
DMCA Agent: Legal Department
Company: Merchifies LLC
Email: [email protected] (preferred method)
Phone: (307) 381-6808
Mailing Address:
Merchifies LLC
Attn: Legal Department - DMCA Agent
30 N Gould St, Ste N
Sheridan, WY 82801
United States
Important Notes:
Our DMCA agent is registered with the US Copyright Office as required by law
Email submissions receive fastest processing (typically 24-48 hours)
Include "DMCA Notice" or "DMCA Counter-Notice" in email subject lines
We respond to valid notices from any jurisdiction worldwide
Copyright Infringement (DMCA)
Filing a DMCA Takedown Notice
When to Use DMCA Procedures: DMCA procedures apply specifically to copyright infringement claims. For trademark, right of publicity, or other IP issues, use the procedures in the next section.
Required Elements (17 U.S.C. §512(c)(3)):
Your DMCA notice must include ALL of the following elements to be legally valid:
1. Authorized Signature
Physical or electronic signature of the copyright owner or authorized agent
If acting as agent, include written authorization from copyright owner
2. Identification of Copyrighted Work
Clear description of the copyrighted work claimed to be infringed
For multiple works, provide representative list with sufficient detail
Copyright registration numbers when available (helpful but not required)
3. Identification of Infringing Material
Specific URLs of Merchifies pages containing allegedly infringing content
Detailed description sufficient to locate the material
Product names, design descriptions, or user account information as applicable
4. Contact Information
Full legal name (individual or company)
Complete mailing address
Telephone number and email address
5. Good Faith 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
"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 of an exclusive right that is allegedly infringed."
Our Response to DMCA Notices
Processing Timeline:
Acknowledgment: Within 24 hours of receipt (business days)
Review and Validation: 24-48 hours for complete notices
Content Action: Expeditious removal or disabling of access
User Notification: Prompt notice with copy of complaint
Actions We Take:
Legal Review: Verify notice completeness and validity
Content Removal: Remove or disable access to identified material
User Communication: Notify affected user with removal details
Documentation: Record violation for repeat infringer tracking
Complainant Update: Confirm actions taken to original complainant
DMCA Counter-Notice Procedure
When to File a Counter-Notice: If your content was removed and you believe it was due to mistake, misidentification, fair use, or other lawful reason.
Legal Warning:
Filing false counter-notices may result in liability for damages (17 U.S.C. §512(f))
Original complainant may file federal lawsuit within 10-14 business days
Counter-notices are made under penalty of perjury
Consult an attorney if uncertain about your rights
Required Elements (17 U.S.C. §512(g)(3)):
1. Your Signature
Physical or electronic signature
2. Contact Information
Full legal name and complete address
Telephone number and email address
3. Identification of Removed Material
Description of material removed or disabled
Location where material appeared before removal (URLs, product pages)
4. Good Faith Statement
"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 Federal District Court jurisdiction in your district (or any district where Merchifies may be found if outside US)
Consent to accept service of process from original complainant or their agent
Counter-Notice Process:
Submit complete counter-notice to [email protected]
We forward copy to original complainant within 2-3 business days
10-14 business day waiting period for potential court action
Content may be restored if no lawsuit filed (subject to our discretion)
Other Intellectual Property
Trademark Infringement
When to Report:
Unauthorized use of registered trademarks
Use likely to cause consumer confusion
Trademark dilution or counterfeiting
Unauthorized use of logos or brand identifiers
Required Information:
Contact Details: Full name, company, address, phone, email
Authority: Statement of authorization to act for trademark owner
Trademark Information: Registration number, jurisdiction, goods/services covered, registration certificate
Infringing Content: Specific Merchifies URLs and description of unauthorized use
Explanation: How use creates likelihood of confusion or constitutes infringement
Legal Statements: Good faith belief and accuracy statements under penalty of perjury
Right of Publicity Violations
Protected Rights:
Names, images, likenesses, and voices of individuals
Celebrity personas and distinctive characteristics
Commercial exploitation without consent
Required Information:
Identity of person whose rights are allegedly violated
Proof of authorization to act (if not the individual)
Specific infringing content and URLs
Evidence of commercial use without permission
Documentation of recognition or fame (for celebrity rights)
Design Patents and Trade Dress
Coverage:
Ornamental designs for functional items
Distinctive product packaging or appearance
Non-functional aesthetic features
Overall commercial impression
Required Documentation:
Patent or trade dress registration details
Evidence of distinctiveness or secondary meaning
Comparison showing substantial similarity
Evidence of likelihood of confusion in marketplace
Review Process for Non-DMCA Claims
Timeline:
Acknowledgment: Within 24 hours of complete submission
Legal Review: 5-7 business days for analysis
Investigation: May include consultation with IP databases and legal precedent
User Response: Opportunity for accused user to provide evidence
Decision: Determination based on applicable law and evidence
Resolution: Content removal, account restrictions, or complaint dismissal
Repeat Infringer Policy
Three-Strike Enforcement System
Strike 1: Warning and Education
Content removal with detailed explanation
Educational resources about IP rights and compliance
Account notation for tracking purposes
Guidance on avoiding future violations
Strike 2: Temporary Suspension
Account suspension for 7-30 days depending on severity
Mandatory IP education course completion
Enhanced review of future content uploads
Final warning about potential termination
Strike 3: Account Termination
Permanent account termination and content removal
Forfeiture of outstanding payments and earnings
Prohibition on creating new accounts
Potential referral to law enforcement for egregious cases
Factors in Enforcement Decisions
Aggravating Circumstances:
Mass uploading of infringing content
Commercial-scale systematic infringement
Willful disregard for IP rights
Attempts to evade detection or circumvent policies
Previous warnings or educational interventions ignored
Mitigating Factors:
Good faith efforts to comply with policies
Prompt response to infringement notices
Participation in educational programs
Limited scope of infringement
Evidence of mistake rather than intentional violation
Immediate Termination Circumstances
Severe Violations Warranting Immediate Action:
Mass commercial piracy or counterfeiting operations
Systematic uploading of obviously infringing content
DMCA abuse through false notices or counter-notices
Criminal IP violations referred to law enforcement
Creating new accounts to evade previous terminations
User Guidelines
Best Practices for IP Compliance
Create Original Content:
Develop your own unique designs, artwork, and written content
Document your creative process with original files and timestamps
Keep records of inspiration sources that are properly licensed or public domain
Register valuable works with appropriate IP offices when feasible
Understand Licensing:
Verify all third-party content is properly licensed for commercial use
Ensure licenses cover print-on-demand and derivative works
Maintain documentation of all licenses and permissions
Understand territorial and temporal limitations of licenses
Respect Others' Rights:
Avoid using brand names, logos, or celebrity likenesses without permission
Don't copy or closely imitate others' distinctive designs
Research trademark databases before using potentially protected terms
Understand that "found on the internet" doesn't mean "free to use"
Understanding Fair Use
Four Fair Use Factors (17 U.S.C. §107):
Purpose and Character: Commercial vs. educational; transformative nature
Nature of Work: Factual vs. highly creative content
Amount Used: Quantity and substantiality of portion used
Market Effect: Impact on market for or value of original work
Important Limitations:
Fair use is complex, fact-specific, and varies by jurisdiction
Commercial use weighs against fair use finding
Parody and commentary may qualify but require significant transformation
When in doubt, seek legal counsel or obtain explicit permission
Common Misconceptions
What Doesn't Protect You:
"I found it on Google Images" - most images are copyrighted
"I made small changes" - derivative works still require permission
"It's for personal use" - commercial POD use is not personal
"I credited the original creator" - attribution doesn't replace permission
"It's old" - many works remain under copyright for decades
International Compliance
Global IP Framework
International Treaties:
Berne Convention: Automatic copyright protection in 179+ countries
Paris Convention: International trademark and patent protection
WIPO Copyright Treaty: Digital rights and technological protections
Madrid Protocol: International trademark registration system
Regional Compliance
European Union:
Copyright Directive: Article 17 upload filtering obligations
GDPR Integration: Privacy protection during IP enforcement
Digital Services Act: Platform responsibility for content moderation
National Variations: Member state implementation differences
United Kingdom:
Copyright, Designs and Patents Act 1988: Comprehensive IP framework
Post-Brexit Considerations: Separate UK IP rights and procedures
Consumer Protection: Enhanced rights for UK residents
Other Key Jurisdictions:
Canada: Notice and notice system under Copyright Modernization Act
Australia: Safe harbor provisions and consumer guarantee protections
Brazil: Strong copyright and consumer protection frameworks
Japan: Comprehensive IP protection with cultural considerations
Cross-Border Enforcement
Our Global Approach:
Accept and review IP complaints from any jurisdiction
Apply local law considerations where appropriate
Coordinate with international law enforcement when necessary
Respect cultural and legal differences in IP frameworks
Provide multi-language support for major markets
Proactive Protection Measures
Automated Content Detection
Technology-Assisted Screening:
Hash-based matching for previously identified infringing content
Image recognition systems for known copyrighted works
Text analysis for trademark and copyright violations
Pattern recognition for systematic infringement behavior
Limitations and Human Review:
Automated systems supplement but don't replace human judgment
False positives reviewed and corrected promptly
Complex cases require legal analysis and expertise
Continuous improvement based on accuracy metrics and user feedback
Industry Partnerships
Rights Holder Collaboration:
Trusted reporter programs for verified IP owners
Bulk reporting tools for large-scale enforcement
Educational partnerships to prevent infringement
Technical integration with rights management systems
User Education Initiatives
Educational Resources:
Comprehensive IP guide for new users
Regular webinars on compliance best practices
Case studies of common infringement scenarios
Library of properly licensed content sources
Ongoing Training:
IP compliance integrated into user onboarding
Advanced workshops for serious creators
Certification programs for demonstrated knowledge
Regular updates about law changes and enforcement trends
Contact Information
Primary Legal Contacts
DMCA Copyright Issues:
Email: [email protected] (include "DMCA Notice" or "DMCA Counter-Notice" in subject)
Response Time: 24-48 hours for valid, complete notices
Documentation: All DMCA requirements must be met for processing
Trademark and Other IP Issues:
Email: [email protected] (include "Trademark Complaint" or relevant IP type in subject)
Response Time: 5-7 business days for review and analysis
Requirements: Complete information package required for evaluation
General Legal Inquiries:
Phone: (307) 381-6808
Hours: Monday-Friday, 9 AM - 5 PM Mountain Time
Best For: Complex issues requiring immediate consultation
Specialized Support
Bulk Reporting (Rights Holders):
Email: [email protected] with "Bulk IP Report" in subject
Eligibility: Verified rights holders with multiple infringement claims
Benefits: Expedited processing and dedicated support contact
International IP Issues:
Email: [email protected] with "International IP" in subject
Coordination: With local counsel and international enforcement agencies
Languages: English primary, Spanish and major languages supported
Emergency IP Matters:
Email: [email protected] with "URGENT IP" in subject
Phone: (307) 381-6808 (mention IP emergency)
Qualifying: Ongoing counterfeiting, court orders, criminal activity
Response: 2-4 hours during business hours
Legal Compliance Templates
DMCA Takedown Notice Template
To: [email protected]
Subject: DMCA Takedown Notice
I am writing to report copyright infringement on Merchifies.com.
1. SIGNATURE: [Electronic signature or "Signed: [Your Name]"]
2. COPYRIGHTED WORK: I am the owner of [describe work, e.g., "original digital artwork titled 'Sunset Dreams'"]
3. INFRINGING MATERIAL: The following Merchifies URLs contain my copyrighted work without permission:
- [URL 1]
- [URL 2]
4. CONTACT INFORMATION:
Name: [Full Legal Name]
Address: [Complete Mailing Address]
Phone: [Phone Number]
Email: [Email Address]
5. GOOD FAITH 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 STATEMENT: 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.
[Your Signature]
[Date]
Trademark Complaint Template
To: [email protected]
Subject: Trademark Infringement Complaint
I am reporting unauthorized use of my trademark on Merchifies.com.
CONTACT INFORMATION:
Name: [Full Legal Name]
Company: [Company Name]
Address: [Complete Address]
Phone: [Phone Number]
Email: [Email Address]
TRADEMARK INFORMATION:
Trademark: [Word mark or description]
Registration Number: [USPTO Reg. No. or other jurisdiction]
Registration Date: [Date]
Goods/Services: [Description of covered goods/services]
INFRINGING CONTENT:
URLs: [List specific Merchifies URLs]
Description: [Explain how trademark is being used without permission]
STATEMENTS:
I have a good faith belief that the disputed use is not authorized by the trademark owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the trademark owner or authorized to act on behalf of the owner.
[Your Signature]
[Date]
Frequently Asked Questions
Q: How quickly do you respond to IP complaints?
A: We acknowledge complaints within 24 hours and take action within 24-48 hours for complete, valid notices.
Q: What happens to repeat infringers?
A: We use a three-strike system: warning, suspension, then permanent termination with forfeiture of earnings.
Q: Can I use images I find through Google search?
A: No. Most images found through search engines are copyrighted and require permission for commercial use.
Q: What constitutes fair use for commercial purposes?
A: Fair use is complex and rarely applies to commercial print-on-demand use. Consult legal counsel for specific situations.
Q: Do you charge fees for processing IP complaints?
A: No. We never charge fees for legitimate IP enforcement procedures.
Policy Updates
This Intellectual Property Policy may be updated to reflect changes in law, technology, or our business practices. We will:
Post updated policies with new effective dates
Notify users of material changes via email and website notices
Maintain previous versions for reference
Provide reasonable notice before significant changes take effect
Continued use of Merchifies.com after policy updates constitutes acceptance of the revised terms.
This comprehensive Intellectual Property Policy demonstrates our commitment to respecting creators' rights while providing clear, efficient procedures for addressing IP concerns. We continuously refine our practices to balance effective enforcement with fair treatment for all users.
For questions about this policy or to report intellectual property violations, contact our Legal Department using the information provided above.
Merchifies Global LLC
30 N Gould St, Ste N
Sheridan, WY 82801
United States
Legal Department:
Email: [email protected]
Phone: (307) 381-6808
DMCA Agent: Registered with US Copyright Office
Business Hours: Monday-Friday, 9 AM - 5 PM Mountain Time
Last Updated: 01/01/2025
This policy supersedes all previous versions and is subject to change. We reserve the right to modify procedures at our discretion while maintaining legal compliance and fair treatment for all parties.
Accessibility Statement: If you need this policy in an alternative format or require assistance due to a disability, please contact [email protected] or call (307) 381-6808
