Luferr | Intellectual Property Policy

Last updated: October 10, 2023

1. Luferr’s Role

Luferr is a marketplace where third-party sellers can sell their goods directly to consumers. We are not actively involved in the listing and sale of sellers’ items. The product listings on our platform are generated by independent sellers and they are responsible for ensuring they have all necessary rights to their content.We are committed to protecting everyone’s intellectual property rights and have a strict policy against the listing or sale of products that violates a third-party’s intellectual property rights. We strive to respond quickly by removing or disabling access to the allegedly infringing material when we receive a report of intellectual property infringement that complies with this intellectual property policy and applicable law.

2. Main types of Intellectual Property Protected

(1) Copyright: Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format. Protection is conferred at the moment of creation of the work and registration is not required in the U.K., or in the E.U.(2) Trademark: A registered word, phrase, design, or a combination that acts as a source identifier and distinguishes goods or services from others. Counterfeiting is a type of trademark infringement that incorporates the use of a spurious mark. Under the theory of “passing off,” the U.K. and the E.U. recognize unregistered trademark rights, but the protection conferred is very limited and is typically confined to a private right of action.(3) Patents: An invention that is new, unique, non-obvious, and usable in some type of industry.(4) Registered Designs: protects the appearance of whole or part of a product provided the product is new and unique. Design registrations can protect lines, contour, shape, texture, or ornamentation. Protection for unregistered designs is limited to the shape and configuration of objects and may be enforced via a private right of action.(5) Right of Publicity: The right of publicity prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona.Luferr may not remove product listings that constitute fair use (e.g., show compatibility with other products), or that are customized, genuine products (e.g., customized “I <3 You, Dad” Titleist golf balls).

3. Parallel Imports

Products sold in Luferr ’s U.K. and E.U. stores must be imported by the third-party content provider themselves, or with the rights holder’s consent (including consent to sell the products in the U.K., or in the E.U.). Products may be sourced from a supplier who has been authorized by the rights holder to import or to sell in the U.K., or in the E.U. (whichever is applicable). If a rights holder challenges the offering for sale of a parallel import, the third-party content provider must have documentation to prove that the products were imported or sold with the rights holder’s consent. For example, if a third-party content provider offers a book for sale on Luferr in the U.K., the book must be purchased from a U.K. or an EEA publisher or distributor. The same is true for the E.U.

4. Report Infringement

(1) If you are the owner of intellectual property rights, or if you are authorized to act on behalf of a rights holder, you may report alleged infringements through our online intellectual property infringement report portal (“IP Portal”).(2) We will promptly investigate the product listings or content upon receiving your report. Please note that any report made to Luferr must be sworn under penalty of perjury, must be made in good faith, and must accurately identify content that violates valid and subsisting intellectual property rights.(3) Please provide the following information when reporting alleged infringements:

  • a) Contact information for the rights holder(s);
  • b) Evidence of infringement (e.g., specific product listing URL(s)); and
  • c) If reporting trademark, patent, or registered design infringement, please provide valid registration certificates; or
  • d) If reporting copyright infringement or a right of publicity violation, please provide proof of the asserted rights, such as a copy of or link to the original work, or a picture of the rights holder’s image or likeness.

Please note if you misrepresent that material is infringing, you may be liable for damages. Therefore, if you are not sure whether the material is infringing, please seek legal advice before submitting a notice to us.4) Upon a proper notice of copyright infringement, Luferr will take the following action:

  • a) Remove or disable access to the infringing material; and
  • b) Notify the third-party content provider who is accused of infringement that Luferr has removed or disabled access to the applicable material.

5. Counter-Notice from Third-Party Content Provider

(1) If the third-party content provider believes that the material that was removed (or to which access was disabled) is not infringing, is identified by mistake, or is with proper authorization, the third-party content provider, may send Luferr a counter-notice containing the following information:

  • a) A clear statement explaining why the third-party content provider believes a mistake, misidentification, or an error was made; and
  • b) Invoices, licenses, distribution agreements, and/or point-of-sale receipts that evidence authenticity or authorization (not an email) to sell the allegedly infringing product(s).

(2) If a counter-notice is received by Luferr , Luferr will reevaluate the notice of infringement and the third-party content may be reinstated. All of these actions will be carried out without any admission of liability and without prejudice to any right, action or defense that may assist Luferr , all of which are expressly reserved.

6. Information of the Designated Agent to Receive Notifications

  • Attention: xxxxxx
  • Office address: xxxx
  • Phone: xxx
  • Portal to receive Intellectual Property Infringement report: IP Portal

7. Withdrawal of Report

The intellectual property owner or authorized agent who reported infringement may withdraw its report via email to info@luferr.com. The withdrawal request must clearly identify who the report was submitted by, including the contact information of the complaining party, the intellectual property right previously claimed to have been infringed, and the material cited in the original complaint.

8. Repeat Infringer Policy

We terminate repeated intellectual property infringers’ access to our services in appropriate circumstances and at our discretion. These actions apply to any accounts we believe are associated with or operated by a repeated infringer.