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11 Oct

Trademark and/or Copyright Infringement Policy

Details: Category: Legal Agreements

Trademark and/or Copyright Infringement Policy
Respecting Intellectual Property
GAGUA ("GAGUA") supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, GAGUA is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims. Domain Name Dispute Claims 1. Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Copyright and Trademark Claims 1. To notify GAGUA that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint. 2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C). A. Trademark Claims 1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which the Complaining Party holds a valid, registered trademark or service mark, GAGUA requests that the Complaining Party substantiate such claim by providing GAGUA with the following information here. A valid, registered mark is a registration with the United States Patent and Trademark Office or, for foreign marks, registration with the appropriate intellectual property organization of your country. State registrations will not be considered valid registrations. The Complaining Party should understand that GAGUA, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of GAGUA and its customers to abide by it in the context of domain name disputes. 2. In addition to the Preparation Form above, you must submit an effective notification. To be considered effective, a notification of a claimed trademark violation must be provided via email to This email address is being protected from spambots. You need JavaScript enabled to view it. and must include the following information: Sufficient evidence that the party posting the trademark that is claimed to be infringing is a GAGUA customer. The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed. 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 in B above. The date of first use of the mark identified above. The date of first use in interstate commerce of the mark identified above. The mark the Complaining Party believes is an infringement of its mark. The goods and/ or services covered by or offered under the mark claimed to be infringing. The precise location of the infringing mark, including electronic mail address, etc. A good faith certification, signed under penalty of perjury, stating: The mark [identify mark] infringes the rights of another party, The name of such said party, The mark [identify mark] being infringed, and That use of the mark [identify mark] claimed to be infringing at issue is not defensible. 3. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, GAGUA will initiate an investigation. While GAGUA is investigating the claim, GAGUA, at its sole discretion and without any legal obligation to do so, may notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, and/or if it is solely stored on a GAGUA server, temporarily remove or deny access to the challenged material. 4. If GAGUA 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, continue to suspend the posting party's GAGUA account and/or if it is solely stored on a GAGUA server, deny access to the challenged material. If GAGUA concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, GAGUA will restore access to the challenged material. B. Copyright Claims 1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, GAGUA requests that the Complaining Party substantiate such claim by providing GAGUA with the following information via email to This email address is being protected from spambots. You need JavaScript enabled to view it. . The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, GAGUA, 14455 N. Hayden Road, Suite 219, Scottsdale, AZ 85260 To be considered effective, a notification of a claimed copyright infringement must be provided to GAGUA and must include 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 the material that is claimed 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 GAGUA to locate the material. Information reasonably sufficient to permit GAGUA 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. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. 2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, GAGUA will remove or disable access to the material that is claimed to be infringing. 3. If the Complaining Party provides GAGUA with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit GAGUA to locate and remove or disable the material in question, or includes information concerning repeat infringement, then GAGUA will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material. C. Counter Notification Policy 1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and including the following: An electronic signature of the 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 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 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 Arizona, or if the Infringer's address is outside of the United States, for any judicial district in which GAGUA may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party. 2. Upon receipt of a Counter Notification as described in Section 1 above, GAGUA shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in 10 business days. GAGUA will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless GAGUA first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on GAGUA's system or network. D. Repeat Infringers It is GAGUA's policy to provide for the termination, in appropriate circumstances, of GAGUA customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
Revised: 8/31/2007 Copyright � 2003 - 2007 All Rights Reserved.

Trademark and/or Copyright Infringement Policy

Respecting Intellectual Property

GAGUA ("GAGUA") supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, GAGUA is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.

Domain Name Dispute Claims

1. Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes.

Copyright and Trademark Claims

1. To notify GAGUA that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.

2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).

A. Trademark Claims

1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which the Complaining Party holds a valid, registered trademark or service mark, GAGUA requests that the Complaining Party substantiate such claim by providing GAGUA with the following information here. A valid, registered mark is a registration with the United States Patent and Trademark Office or, for foreign marks, registration with the appropriate intellectual property organization of your country. State registrations will not be considered valid registrations.

The Complaining Party should understand that GAGUA, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of GAGUA and its customers to abide by it in the context of domain name disputes.

2. In addition to the Preparation Form above, you must submit an effective notification. To be considered effective, a notification of a claimed trademark violation must be provided via email to This email address is being protected from spambots. You need JavaScript enabled to view it. and must include the following information:

Sufficient evidence that the party posting the trademark that is claimed to be infringing is a GAGUA customer.

The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed.

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 in B above.

The date of first use of the mark identified above.

The date of first use in interstate commerce of the mark identified above.

The mark the Complaining Party believes is an infringement of its mark.

The goods and/ or services covered by or offered under the mark claimed to be infringing.

The precise location of the infringing mark, including electronic mail address, etc.

A good faith certification, signed under penalty of perjury, stating:

The mark [identify mark] infringes the rights of another party,
The name of such said party,
The mark [identify mark] being infringed, and
That use of the mark [identify mark] claimed to be infringing at issue is not defensible.

3. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, GAGUA will initiate an investigation. While GAGUA is investigating the claim, GAGUA, at its sole discretion and without any legal obligation to do so, may notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, and/or if it is solely stored on a GAGUA server, temporarily remove or deny access to the challenged material.

4. If GAGUA 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, continue to suspend the posting party's GAGUA account and/or if it is solely stored on a GAGUA server, deny access to the challenged material. If GAGUA concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, GAGUA will restore access to the challenged material.

B. Copyright Claims

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, GAGUA requests that the Complaining Party substantiate such claim by providing GAGUA with the following information via email to This email address is being protected from spambots. You need JavaScript enabled to view it. . The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, GAGUA, 14455 N. Hayden Road, Suite 219, Scottsdale, AZ 85260

To be considered effective, a notification of a claimed copyright infringement must be provided to GAGUA and must include 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 the material that is claimed 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 GAGUA to locate the material.
Information reasonably sufficient to permit GAGUA 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.
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, GAGUA will remove or disable access to the material that is claimed to be infringing.

3. If the Complaining Party provides GAGUA with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit GAGUA to locate and remove or disable the material in question, or includes information concerning repeat infringement, then GAGUA will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.

C. Counter Notification Policy

1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and including the following:

An electronic signature of the 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 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 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 Arizona, or if the Infringer's address is outside of the United States, for any judicial district in which GAGUA may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.

2. Upon receipt of a Counter Notification as described in Section 1 above, GAGUA shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in 10 business days. GAGUA will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless GAGUA first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on GAGUA's system or network.

D. Repeat Infringers

It is GAGUA's policy to provide for the termination, in appropriate circumstances, of GAGUA customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.

Revised: 8/31/2007
Copyright � 2003 - 2007 All Rights Reserved.

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Articles

Trademark and/or Copyright Infringement Policy

Category: Legal Agreements Published Date

Trademark and/or Copyright Infringement Policy
Respecting Intellectual Property
GAGUA ("GAGUA") supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, GAGUA is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims. Domain Name Dispute Claims 1. Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Copyright and Trademark Claims 1. To notify GAGUA that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint. 2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C). A. Trademark Claims 1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which the Complaining Party holds a valid, registered trademark or service mark, GAGUA requests that the Complaining Party substantiate such claim by providing GAGUA with the following information here. A valid, registered mark is a registration with the United States Patent and Trademark Office or, for foreign marks, registration with the appropriate intellectual property organization of your country. State registrations will not be considered valid registrations. The Complaining Party should understand that GAGUA, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of GAGUA and its customers to abide by it in the context of domain name disputes. 2. In addition to the Preparation Form above, you must submit an effective notification. To be considered effective, a notification of a claimed trademark violation must be provided via email to This email address is being protected from spambots. You need JavaScript enabled to view it. and must include the following information: Sufficient evidence that the party posting the trademark that is claimed to be infringing is a GAGUA customer. The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed. 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 in B above. The date of first use of the mark identified above. The date of first use in interstate commerce of the mark identified above. The mark the Complaining Party believes is an infringement of its mark. The goods and/ or services covered by or offered under the mark claimed to be infringing. The precise location of the infringing mark, including electronic mail address, etc. A good faith certification, signed under penalty of perjury, stating: The mark [identify mark] infringes the rights of another party, The name of such said party, The mark [identify mark] being infringed, and That use of the mark [identify mark] claimed to be infringing at issue is not defensible. 3. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, GAGUA will initiate an investigation. While GAGUA is investigating the claim, GAGUA, at its sole discretion and without any legal obligation to do so, may notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, and/or if it is solely stored on a GAGUA server, temporarily remove or deny access to the challenged material. 4. If GAGUA 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, continue to suspend the posting party's GAGUA account and/or if it is solely stored on a GAGUA server, deny access to the challenged material. If GAGUA concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, GAGUA will restore access to the challenged material. B. Copyright Claims 1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, GAGUA requests that the Complaining Party substantiate such claim by providing GAGUA with the following information via email to This email address is being protected from spambots. You need JavaScript enabled to view it. . The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, GAGUA, 14455 N. Hayden Road, Suite 219, Scottsdale, AZ 85260 To be considered effective, a notification of a claimed copyright infringement must be provided to GAGUA and must include 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 the material that is claimed 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 GAGUA to locate the material. Information reasonably sufficient to permit GAGUA 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. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. 2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, GAGUA will remove or disable access to the material that is claimed to be infringing. 3. If the Complaining Party provides GAGUA with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit GAGUA to locate and remove or disable the material in question, or includes information concerning repeat infringement, then GAGUA will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material. C. Counter Notification Policy 1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and including the following: An electronic signature of the 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 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 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 Arizona, or if the Infringer's address is outside of the United States, for any judicial district in which GAGUA may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party. 2. Upon receipt of a Counter Notification as described in Section 1 above, GAGUA shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in 10 business days. GAGUA will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless GAGUA first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on GAGUA's system or network. D. Repeat Infringers It is GAGUA's policy to provide for the termination, in appropriate circumstances, of GAGUA customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
Revised: 8/31/2007 Copyright � 2003 - 2007 All Rights Reserved.

Trademark and/or Copyright Infringement Policy

Respecting Intellectual Property

Domain Name Dispute Claims

Copyright and Trademark Claims

1. To notify GAGUA that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.

2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).

A. Trademark Claims

Sufficient evidence that the party posting the trademark that is claimed to be infringing is a GAGUA customer.

The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed.

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 in B above.

The date of first use of the mark identified above.

The date of first use in interstate commerce of the mark identified above.

The mark the Complaining Party believes is an infringement of its mark.

The goods and/ or services covered by or offered under the mark claimed to be infringing.

The precise location of the infringing mark, including electronic mail address, etc.

A good faith certification, signed under penalty of perjury, stating:

The mark [identify mark] infringes the rights of another party,
The name of such said party,
The mark [identify mark] being infringed, and
That use of the mark [identify mark] claimed to be infringing at issue is not defensible.

B. Copyright Claims

To be considered effective, a notification of a claimed copyright infringement must be provided to GAGUA and must include 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 the material that is claimed 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 GAGUA to locate the material.
Information reasonably sufficient to permit GAGUA 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.
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

C. Counter Notification Policy

An electronic signature of the 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 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 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 Arizona, or if the Infringer's address is outside of the United States, for any judicial district in which GAGUA may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.

D. Repeat Infringers

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