Overview
OnAnthem respects the intellectual property rights of others and expects all users of the platform to do the same. This policy describes how intellectual property owners can report infringement, how we process those reports, and how affected users can respond.
OnAnthem acts as an intermediary platform connecting merchants with partners. We do not manufacture, warehouse, or inspect products listed on the platform. However, we take reports of intellectual property infringement seriously and will act promptly in accordance with applicable law, including the Digital Millennium Copyright Act ("DMCA").
Intellectual Property Rights
We recognize and protect the following categories of intellectual property:
Copyright
Original works of authorship including product images, descriptions, designs, and creative content
Trademark
Brand names, logos, slogans, and other identifiers that distinguish goods or services
Patent
Inventions and product designs protected by utility or design patents
DMCA Takedown Notice
If you believe that content on the OnAnthem platform infringes your copyright, you may submit a DMCA takedown notice to our designated agent. Your notice must include all of the following:
- •Identification of the work: A description of the copyrighted work you claim has been infringed, or a representative list if multiple works are involved
- •Identification of the material: The specific URL(s) or description of the material on our platform that you claim is infringing, with enough detail for us to locate it
- •Your contact information: Your name, mailing address, telephone number, and email address
- •Good faith statement: A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
- •Accuracy statement: A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner
- •Signature: A physical or electronic signature of the copyright owner or an authorized representative
How to Submit
Send your DMCA takedown notice to our designated agent:
What Happens Next
- • We will review your notice and, if it is complete and valid, remove or disable access to the allegedly infringing material
- • We will notify the user who posted the material that it has been removed
- • We will provide the affected user with a copy of your notice so they may file a counter-notification if they believe the removal was in error
Counter-Notification
If you believe your content was removed in error or that you have authorization to use the material, you may submit a counter-notification. Your counter-notification must include:
- •Identification of the material: A description of the material that was removed and the location where it appeared before removal
- •Good faith statement: A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification
- •Consent to jurisdiction: A statement that you consent to the jurisdiction of the federal court in your district (or in Delaware if you are outside the United States) and that you will accept service of process from the person who filed the original notice
- •Your contact information: Your name, address, telephone number, and email address
- •Signature: Your physical or electronic signature
What Happens Next
- • We will forward your counter-notification to the party who filed the original takedown notice
- • If the original complainant does not file a court action within 10 business days, we will restore the removed material
- • If a court action is filed, the material will remain down pending resolution
Repeat Infringer Policy
In accordance with the DMCA and our own policies, OnAnthem maintains a repeat infringer policy. We will terminate the accounts of users who are repeat infringers of intellectual property rights.
First Violation
The infringing listing is removed and the user receives a formal warning
Second Violation
The listing is removed and the user's account may be temporarily suspended
Third Violation
The user's account is permanently terminated
OnAnthem reserves the right to terminate accounts after fewer violations if the infringement is egregious or clearly willful.
Trademark Complaints
If you believe a listing on the OnAnthem platform infringes your trademark rights, you may submit a trademark complaint. Your complaint should include:
- • A description of the trademark, including registration number if applicable
- • The specific listing(s) you believe infringe your trademark, with URLs or enough detail to locate them
- • An explanation of how the listing creates a likelihood of confusion with your mark
- • Your contact information and a statement that you are the trademark owner or authorized to act on their behalf
Trademark complaints are reviewed on a case-by-case basis. We will remove or modify listings that we determine, in our reasonable judgment, are likely to cause consumer confusion or otherwise infringe valid trademark rights.
Merchant Obligations
As a condition of using the OnAnthem platform, merchants represent and warrant that:
- • They own or have proper authorization to sell every product they list
- • Their listings do not infringe the copyright, trademark, patent, or other intellectual property rights of any third party
- • Product images and descriptions are original or properly licensed
- • They will promptly remove any listing upon notification of a valid intellectual property complaint
Merchants who knowingly list infringing products are solely responsible for any resulting legal liability.
Good Faith and Misrepresentation
Filing a false or misleading DMCA notice or counter-notification may result in liability. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and attorney's fees.
If you are unsure whether the material at issue is infringing, we recommend consulting with an attorney before submitting a notice.
Changes to This Policy
We may update this Intellectual Property Policy from time to time. Changes will be posted on this page with an updated effective date. Material changes will be communicated via email or through the platform.
Contact Information
For intellectual property inquiries or to submit a complaint, please contact us:
Legal / DMCA Agent
legal@onanthem.com