DigiTunes TRADEMARK POLICY AND TRADEMARK INFRINGEMENT NOTIFICATION PROCESS
Revised as of March 10, 2018
DigiTunes Media LLP (together with its affiliates, successors, and assigns, hereinafter referred to as “OUR”, “WE”, or “US”) have adopted this Trademark Policy and Trademark Infringement Notification Process (the “Trademark Policy”) to address trademark infringement complaints from site users and third parties
We respect the intellectual property rights of our users and others. This Trademark Policy applies to the website www.digitunes.in (the “Site”) to address claims of infringement pertaining to trademarks owned or controlled by Site users or third parties
A trademark is a word, slogan, symbol or design (such as a brand name or a logo) that identifies and distinguishes the products or services offered by one party from those offered by others. Generally, trademark law seeks to prevent confusion among consumers about the source of products or services. The owner of a trademark may be able to prevent others from using its trademark (or a similar trademark) in a manner that would confuse people into thinking either that there is a relationship between the trademark owner and the unauthorized user or that the trademark owner endorses the unauthorized user’s products or services.
The owner of a trademark may obtain rights through registration with a recognized trademark office. In certain countries and under certain circumstances, rights in an unregistered trademark may be created through actual use of the trademark in commerce. Please note, merely registering with or obtaining a business permit from a government entity may not by itself create trademark rights.
For more information about trademarks, or to find out about registration of trademarks in the India, please visit the Office of Controller General of Patent, Designs & Trademarks. For a list of potentially applicable trademark offices in other countries, please consult the World Intellectual Property Organization’s trademark directory.
What is a Trademark Policy Violation on the Site?
Use of another user’s, or third party’s, registered standard character trademark, company or business name, or logo in a manner that may mislead or confuse others with regard to its brand or business affiliation may be considered a Trademark Policy violation.
What is Not a Trademark Policy Violation on the Site?
Using another’s trademark in a way that has nothing to do with the product or service for which the trademark was granted is not a violation of the Trademark Policy. We are also unable to arbitrate trademark disputes between parties where one party claims rights to a word incorporated into a stylized design mark, and where that word is used by another user in a band name.
DigiTunes usernames are provided on a first-come, first-served basis and may not be reserved. Unfortunately, if your standard character trademark is not registered with a recognized trademark office and another Site user is using the same, or a similar name, that use is not a violation of the Trademark Policy.
How Does DigiTunes Respond to Reported Trademark Policy Violations?
When we receive valid reports of Trademark Policy violations from holders of federal or international standard character trademark registrations, we review the reported user account and may take any of the following actions:
- When there is a clear intent to mislead others through the unauthorized use of a validly registered trademark, DigiTunes will suspend the account and notify the account holder.
- When we determine that an account appears to be confusing users, but is not purposefully passing itself off as the trademarked good or service, we give the account holder an opportunity to clear up any potential confusion. We may also then release a username for the actual trademark holder’s active use.
Guidelines Regarding Fan Accounts, Impersonation Accounts, and Cover/Tribute Band Accounts
DigiTunes provides a platform for its users to share and receive a wide range of content, and we greatly value and respect our users’ expression. Because of these principles, we do not actively monitor Site users’ content and will not edit or remove user content, except in cases of violations of our General Terms and Conditions, Copyright Policy, Trademark Policy, or Abuse Policy.
DigiTunes users are allowed to create fan accounts. However user accounts should not incorporate any trademark belonging to any third party.
Accounts impersonating another artist, Site user, company or service are strictly prohibited and will be removed without notice to the infringing account. Accounts which use a deceased artist’s name are also prohibited and will be removed without notice.
Cover Bands and Tribute Bands are permitted to create user accounts. However, the profile name and/or user name should not be the trademarked name of any third party and may not include a trademarked name in a misleading manner.
A Cover Band or Tribute Band’s user profile information should make it clear that the account is not actually the artist that is the subject of the Cover Band/Tribute Band account. Here are some suggestions for distinguishing such an account:
- The profile name should not be the trademarked name of the subject of the Cover Band/Tribute Band account. Further, the profile name should not be the trademarked name of any third party or include a trademarked name in a misleading manner.
- The Bio section of the account should include a statement to further distinguish it from the real artist, band, or company, such as “Tribute Account” or “Not affiliated with…”
- The account should not use a third party’s trademark, logo, copyright-protected image, or other intellectual property without express permission.
- The account should not, through private or public communication with other users, try to deceive or mislead others about the identity of the account holder.
Users may also choose to use different language to indicate that an account is not associated with the actual artist/user/brand/company so long as it is clear and not confusing to others, and does not mislead or deceive
If an account is reported to be confusing, we may request that the account holder make further changes to bring the account in compliance with these best practices.
Trademark Infringement Notification Process
Submitting a claim for trademark infringement is a serious matter with potential legal consequences.
Before you submit a claim of trademark infringement to us, you should reach out to the individual posting the content. You may be able to resolve the issue simply by bringing it to their attention.
If you wish to submit a claim of trademark infringement to us, you can do so via email on firstname.lastname@example.org . If you are unsure whether the content you are reporting is infringing your legal rights, you may wish to seek legal guidance. We cannot offer advice to you regarding your trademark claim, trademark validity, or trademark rights. If you choose to submit a report, you must include all elements of a complete trademark claim and must include a link to the allegedly infringing content.
What Information is Required When Reporting Trademark Policy Violations?
In order to investigate Trademark Policy violations, your Trademark Infringement Notice must contain all of the following information:
- (1) Your full legal name (first, middle, last).
- (2) Your title.
- (3) Your full legal address.
- (4) Your telephone number.
- (5) Your email address (must be from a company domain if reporting infringement of a third party company trademark).
- (6) Your Company website (if applicable).
- (7) Your DigiTunes user name (if applicable).
- (8) Your DigiTunes account (if applicable).
- (9) On whose behalf (yourself, your organization, a client, someone else) are you asserting the trademark right?
- Note: If you are not the trademark owner, you will be required to provide documentary evidence that you have authority to act on the trademark owner’s behalf (i.e., agent’s agreement, power of attorney, etc.) sent to us via Facsimile or email.
- (10) Your trademarked word, symbol, etc.
- (11) The applicable trademark registration number.
- (12) The categories of goods and/or services covered by your registration.
- (13) The trademark registration office (e.g., USPTO).
- Note: Trademark registration number for a standard character mark is required.
- (14) A direct link (URL) leading directly to your trademark registration.
- (15) Attach a scanned copy of your trademark registration certificate(s) or screenshot of your registration on the website or database of the applicable national or community intellectual property office(s). Please note that we only support the following file formats: JPG, GIF, PNG, TIFF and PDF.
- (16) A link (URL) leading directly to the specific content you are reporting.
- (17) Your Company website (if applicable).
- (18) A description of how you believe this content infringes your trademark.
- (19) A digital signature or a physical signature.
When submitting a Trademark Infringement Notice, you must declare under penalty of perjury that all of the information contained in the notice is accurate and that the use of your intellectual property described in the notice, in the manner you have complained of, is not authorized by the rights owner, its agent, or the law.
Completed Trademark Infringement Notices may be sent via email, Registered Mail to:
DigiTunes Media LLP
004, East Side Apartment, Oshiwara,
Andheri West, Mumbai-400053
Mobile: +91 7855 830 840