DMCA Intellectual Property Policy
Original Paint By Diamond does fully respect the intellectual property rights of third parties and has a strict zero-tolerance policy against any counterfeit and/or infringement of intellectual property.
We do regularly review the listings in our website in order to avoid any possible intellectual property infringement. If any listing is found to violate Original Paint By Diamond’ policy, it will be removed.
Despite our efforts to avoid any sale of infringing products on our website, due to the high number of products, providers, and sellers, there are times in which we cannot detect or identify intellectual property infringements. That is why we strongly encourage our customers or intellectual property rights holders to cooperate with us. In this sense, if you believe your intellectual property right has been infringed, we urge you to let us know about it and to follow our procedure of complaint.
1. Eligible complaints include:
- Trademark Infringement: Unauthorized use of an identical or similar trademark on goods which are identical with, or similar to, the goods for which the trademark is registered.
- Patent Infringement: Unauthorized use of others’ granted Design Patent or Utility Patent.
- Copyright Infringement: Unauthorized use of the content or photos created by others or sell others’ copyright works, including books, CDs, software, etc.
- Other activities that violate local Intellectual Property Law.
2. The procedure of complaint:
You can start a complaint by submitting a Notice of Claiming Infringement. The Notice can be submitted to us by email: firstname.lastname@example.org. Upon receipt of your Notice, we will conduct a fast internal investigation, and should your complaint be accepted, we will take actions against the alleged infringing listing/s accordingly.
3. Actions we may take against the infringing listing/s:
- To remove from our website the alleged infringing listing/s.
- To inform the seller about your complaint and to provide to them with your information, so that you both can clarify the issue.
- To remove selling privileges and to withhold funds from the infringing sellers, as well as to destroy infringing inventory in our possession when the infringement proved to be true or upheld by the court.
- To terminate the user account of the infringing seller in case of three (3) willful infringements.
- To terminate the user account of the infringing seller immediately, under certain extreme situations where a lawsuit has been filed against Original Paint By Diamond due to seller’s infringing activities, or Original Paint By Diamond is required by judiciary, enforcement or administrative authorities to terminate any account or take any similar measures.
The infringement case will be recorded for one (1) year from the date in which any penalty has been imposed.