Intellectual Property Policy

Effective Date: January 1, 2026 | Last Updated: January 1, 2026

1. Introduction

BugSell respects intellectual property rights and expects all users to do the same. This Intellectual Property Policy outlines our commitment to protecting IP rights and the procedures for reporting and addressing IP infringement on our Platform.

This policy covers:

• Trademarks
• Copyrights (see also our DMCA Policy)
• Patents
• Design rights
• Trade dress
• Right of publicity

2. Prohibited Items and Activities

2.1 Counterfeit Goods

Strictly Prohibited:

• Replica, knock-off, or counterfeit products
• Unauthorized use of brand names, logos, or trademarks
• Products falsely claiming to be authentic branded items
• Packaging or labeling that mimics authentic brands

Examples:

• Fake designer handbags, watches, or clothing
• Unauthorized electronics with brand logos
• Counterfeit cosmetics or pharmaceuticals
• Replica sports jerseys or merchandise

Consequences:

• Immediate listing removal
• Account suspension or termination
• Legal action by brand owners
• Potential criminal prosecution

2.2 Copyright Infringement

Prohibited:

• Unauthorized use of copyrighted images, text, or designs
• Pirated digital content (software, music, videos, ebooks)
• Unauthorized reproductions of artwork or photographs
• Products featuring copyrighted characters or designs without permission

Examples:

• T-shirts with copyrighted movie characters
• Unauthorized prints of copyrighted artwork
• Products using copyrighted logos or designs
• Digital files containing pirated content

See: DMCA Policy for copyright-specific procedures

2.3 Trademark Infringement

Prohibited:

• Unauthorized use of registered trademarks
• Use of confusingly similar marks
• Keyword stuffing with brand names
• False association with brands

Examples:

• Using brand names in product titles without authorization
• Selling products with unauthorized brand logos
• Claiming products are "compatible with" when they're not
• Using brand names to mislead buyers

2.4 Patent Infringement

Prohibited:

• Selling products that infringe valid patents
• Unauthorized manufacture of patented inventions
• Importing products that violate patent rights

Note: Patent infringement is complex. Consult an attorney if you have concerns.

2.5 Design Rights and Trade Dress

Prohibited:

• Copying distinctive product designs
• Imitating trade dress (overall appearance and packaging)
• Unauthorized use of protected designs

Examples:

• Copying unique furniture designs
• Imitating distinctive product packaging
• Replicating protected industrial designs

3. User Responsibilities

3.1 Seller Responsibilities

Before Listing Products:

• Verify Ownership: Ensure you own or have rights to all IP in your listings
• Obtain Licenses: Get proper licenses or permissions for branded products
• Check Trademarks: Search trademark databases before using brand names
• Respect Copyrights: Only use images and text you created or have rights to
• Avoid Infringement: Don't copy designs, logos, or branding from others

In Product Listings:

• Accurate Descriptions: Don't falsely claim products are authentic branded items
• Proper Attribution: Credit original creators when applicable
• Clear Disclaimers: Disclose if products are "inspired by" or "compatible with" (when truthful)
• Own Images: Use your own photos, not manufacturer's images (unless authorized)

Documentation:

• Keep records of licenses, permissions, or authorizations
• Be prepared to provide proof of authenticity or authorization
• Maintain invoices from authorized distributors

3.2 Buyer Responsibilities

When Purchasing:

• Verify Authenticity: Be cautious of prices that seem too good to be true
• Check Seller Reputation: Review seller ratings and feedback
• Ask Questions: Contact sellers if you have doubts about authenticity
• Report Suspicions: Report suspected counterfeit or infringing items

After Purchase:

• Inspect Products: Check for signs of counterfeiting
• Report Issues: Contact us if you receive counterfeit goods
• Seek Refunds: Request refunds for counterfeit or infringing products

4. Reporting IP Infringement

4.1 Who Can Report

Eligible Reporters:

• IP rights owners (trademark, copyright, patent holders)
• Authorized representatives or agents
• Exclusive licensees
• Legal counsel representing rights owners

Required Authorization:

• Proof of ownership or authorization to act on behalf of owner
• Power of attorney or agency agreement (if applicable)

4.2 How to Report

For Copyright Infringement:

• Follow our DMCA Policy
• Email: dmca@bugsell.com

For Trademark, Patent, or Other IP:

• Email: ip@bugsell.com
• Subject: "IP Infringement Report - [Type of IP]"

Required Information:

1. Your Information:

   • Full name and title
   • Company name (if applicable)
   • Contact information (email, phone, address)
   • Relationship to IP owner

2. IP Details:

   • Type of IP (trademark, patent, design, etc.)
   • Registration number (if applicable)
   • Country/jurisdiction of registration
   • Description of your IP rights

3. Infringing Content:

   • Direct URL(s) to infringing listings or content
   • Product listing IDs or shop names
   • Screenshots showing infringement
   • Detailed description of how content infringes

4. Good Faith Statement:

   "I have a good faith belief that the use of the intellectual property described above is not authorized by the IP owner, its agent, or the law."

5. Accuracy Statement:

   "I declare, under penalty of perjury, that the information in this report is accurate and that I am the IP owner or authorized to act on behalf of the owner."

6. Signature:

   • Physical or electronic signature
   • Date

4.3 Supporting Documentation

Include When Applicable:

• Trademark registration certificates
• Copyright registration certificates
• Patent documents
• Licensing agreements
• Proof of ownership
• Evidence of prior use
• Comparison images showing infringement

4.4 What Happens Next

1. Review (1-3 business days)

• Verify report completeness
• Assess validity of claim
• Check for previous reports

2. Investigation

• Review reported content
• Compare with provided IP documentation
• May contact seller for response

3. Action (If Infringement Confirmed)

• Remove infringing listings
• Notify seller of removal
• Document infringement
• Apply strikes to seller account

4. Notification

• Inform reporter of action taken
• Provide case reference number
• Update on any appeals or counter-notices

5. Seller Response and Appeals

5.1 Notification to Sellers

If your listing is removed for IP infringement, you will receive:

• Email notification
• Reason for removal
• Copy of infringement report (with personal info redacted)
• Information about your rights and options

5.2 Seller Options

If You Believe Removal Was Incorrect:

Option 1: Provide Authorization

• Submit proof of authorization to use the IP
• Provide licensing agreements
• Show trademark registration in your name
• Demonstrate you're an authorized reseller

Option 2: File an Appeal

• Explain why you believe the claim is invalid
• Provide evidence supporting your position
• Cite applicable laws or defenses (fair use, first sale, etc.)

Option 3: Modify and Relist

• Remove infringing elements
• Create new listing without IP infringement
• Use your own original content

5.3 Appeal Process

To File an Appeal:

• Email: ip-appeals@bugsell.com
• Subject: "IP Infringement Appeal - Case #[Number]"
• Include:
  • Case reference number
  • Explanation of why removal was incorrect
  • Supporting evidence or documentation
  • Your contact information

Appeal Review:

• We review appeals within 5-7 business days
• May request additional information
• May forward appeal to original reporter
• Final decision communicated via email

Possible Outcomes:

• Listing restored (if appeal successful)
• Removal upheld (if infringement confirmed)
• Partial restoration (if some elements non-infringing)

6. Repeat Infringer Policy

6.1 Strike System

First Infringement:

• Listing removed
• Warning issued
• Educational resources provided
• No account restrictions

Second Infringement:

• Listing removed
• Account suspended for 7-30 days
• Final warning issued
• Required to complete IP education

Third Infringement:

• Account permanently terminated
• All listings removed
• No refunds for fees or subscriptions
• May be banned from creating new accounts

6.2 Factors Considered

Severity:

• Intentional vs. unintentional infringement
• Number of infringing listings
• Type of IP violated
• Seller's response to notices

Seller History:

• Previous infringement reports
• Compliance with policies
• Good faith efforts to comply
• Response time to notices

6.3 Account Termination

Immediate Termination May Occur For:

• Selling exclusively counterfeit goods
• Repeated willful infringement
• Ignoring removal notices
• Creating new accounts to evade restrictions
• Threatening or harassing IP owners

7. Authorized Resellers and Licensed Sellers

7.1 Selling Authentic Branded Products

You May Sell Branded Products If:

• You're an authorized reseller or distributor
• You purchased products from authorized sources
• Products are genuine and unmodified
• You comply with brand guidelines

Requirements:

• Maintain proof of authenticity (invoices, receipts)
• Use accurate product descriptions
• Don't imply false endorsement or affiliation
• Follow first sale doctrine principles

7.2 Licensed Products

If You Have a License:

• Comply with all license terms and conditions
• Use IP only as authorized in license agreement
• Maintain current license documentation
• Provide license proof if requested

License Documentation:

• Keep copies of licensing agreements
• Note expiration dates and renewal requirements
• Understand scope and limitations
• Be prepared to provide proof to BugSell or IP owners

7.3 Handmade and Inspired-By Products

"Inspired By" Products:

• Must be original creations, not copies
• Cannot use brand names, logos, or trademarks
• Cannot create confusion with original brands
• Must clearly indicate they're not official products

Acceptable:

• "Vintage-inspired jewelry" (generic style reference)
• "Minimalist design similar to Scandinavian style"
• Original artwork in a particular artistic style

Not Acceptable:

• "Chanel-inspired handbag" (using brand name)
• "Looks like [Brand]" (creating confusion)
• Using brand logos or trademarks

8. Fair Use and Defenses

8.1 Fair Use (Copyright)

Limited use of copyrighted material may be permissible for:

• Commentary or criticism
• Parody
• News reporting
• Teaching or research

Note: Fair use is determined case-by-case. Consult an attorney.

8.2 First Sale Doctrine

You may resell authentic products you lawfully purchased:

• Products must be genuine
• Must be purchased from authorized sources
• Cannot modify or alter products
• Cannot use manufacturer's marketing materials without permission

8.3 Nominative Fair Use (Trademarks)

Limited use of trademarks may be permissible when:

• Necessary to identify the product or service
• Only using as much as necessary
• Not suggesting sponsorship or endorsement

Example: "Compatible with iPhone" (when truthful and necessary)

9. Proactive Measures

9.1 BugSell's Efforts

Automated Detection:

• AI and machine learning to detect counterfeits
• Image recognition for unauthorized logos
• Keyword monitoring for brand names
• Pattern analysis for suspicious listings

Manual Review:

• Staff review of reported listings
• Random audits of high-risk categories
• Verification of seller documentation

Partnerships:

• Collaboration with brand protection agencies
• Participation in anti-counterfeiting initiatives
• Information sharing with law enforcement

9.2 Seller Tools

IP Verification:

• Trademark search tools
• Copyright registration databases
• Patent search resources

Education:

• IP best practices guides
• Webinars and training sessions
• Help center articles
• Case studies and examples

10. International IP Rights

10.1 Global Protection

We Respect:

• IP rights in all jurisdictions where we operate
• International treaties and agreements
• Regional IP laws and regulations

Reporting:

• Specify jurisdiction of IP registration
• Provide country-specific documentation
• Note applicable international treaties

10.2 Parallel Imports (Gray Market)

Policy:

• Genuine products imported from other markets may be allowed
• Must be authentic and unmodified
• Cannot violate exclusive distribution agreements
• Subject to applicable laws in buyer's jurisdiction

11. Contact Information

IP Infringement Reports

Trademark, Patent, Design Rights:
Email: ip@bugsell.com
Subject: "IP Infringement Report"

Copyright (DMCA):
Email: dmca@bugsell.com
See: DMCA Policy

Appeals and Questions

Appeals:
Email: ip-appeals@bugsell.com

General IP Questions:
Email: ip@bugsell.com

Legal Department:
Email: legal@bugsell.com

Help Center:
https://bugsell.com/help/intellectual-property

Mail

BugSell IP Team
[Address Line 1]
[Address Line 2]
[City, State ZIP]
[Country]

12. Additional Resources

IP Offices:

• USPTO (United States)
• EUIPO (European Union)
• WIPO (International)

Anti-Counterfeiting:

• International Anti-Counterfeiting Coalition
• Counterfeit Report

BugSell Policies:

• DMCA Policy
• Terms of Service
• Seller Guidelines

By using BugSell, you agree to respect intellectual property rights and comply with this IP Policy.

Last Updated: January 1, 2026
Effective Date: January 1, 2026