IP Infringement Claims
DX Daily Store respects the intellectual property (“IP”) rights of others and has set up the online IP Claim Form for owners of IP rights to report legitimate claims of infringement as to items listed on dxdailystore.com, including claims of copyright, trademark, patent, publicity and counterfeit. DX Daily Store strives to promptly process and investigate such claims and take appropriate actions under applicable laws.
To make a claim of IP infringement, you will be required to declare, under penalty of perjury, that the information provided is correct and that you are the IP rights owner or an authorized agent. To understand what constitutes infringement, continue reading. To make an IP claim now, click here. If the information you submit is inaccurate or incomplete, we may be unable to process or respond to your request. If you have questions about IP or whether your rights have been infringed, consider seeking legal advice.
Copyright infringement is the unauthorized use of a creative work that is protected under copyright law. Examples of works protected under copyright law include photographs, videos, artwork and music. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), notifications of claimed copyright infringement should be made to Walmart’s “Designated Agent.” You may notify DX Daily Store's Designated Agent by using the IP Claim Form. Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages (including costs and attorneys' fees) incurred by the alleged infringer or by DX Daily Store, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you received a DMCA notification and believe it was submitted in error, you may submit a counter notice to request that your listing be republished. The counter notice must contain all of the following information: 1) Contact Information – include name, email address, physical address and telephone number; 2) URL or other identifying information of material to be republished; 3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; 4) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and will accept service of process from the person who provided the DMCA notification or an agent of such person; and 5) A physical or electronic signature. Counter notices should be sent to the following email address: firstname.lastname@example.org.
A trademark is a word, phrase, symbol or design that identifies and distinguishes the source of goods or services of one party from those of others. Under United States trademark law, a trademark owner has the right to prevent competitors from using its trademark if the use would cause a likelihood of confusion. If you believe that your trademark has been infringed, please notify DX Daily Store by using the IP Claim Form. Note that DX Daily Store does not mediate trademark disputes between third parties and trademark owners. Rather, DX Daily Store will forward the trademark claim to the third party before taking any action, with the intent that the third party and trademark owner will resolve between themselves any dispute over ownership rights and infringement. DX Daily Store reserves the right to remove any content that is found to infringe the rights of a trademark owner.
Counterfeit goods are inauthentic items that are intended to appear authentic. If you believe that a counterfeit of your product is accessible or being sold on dxdailystore.com, please notify us by using the IP Claim Form and select the counterfeit reporting option. DX Daily Store reserves the right to remove any content it believes to be counterfeit and further reserves the right to take any additional measures it deems appropriate in handling a claim of counterfeit goods.
A patent is a grant from the United States Patent Office that gives the holder exclusive right to its article of manufacture. If you believe that your patent has been infringed under United States patent law, please notify DX Daily Store by using the IP Claim Form. Note that DX Daily Store does not mediate patent disputes between third parties and patent owners. Rather, DX Daily Store will forward the claim to the third party with the intent that the third party and trademark owner will resolve between themselves any dispute over ownership rights and infringement. DX Daily Store reserves the right to remove any content that is found to infringe the rights of a patent owner.
Repeat Infringer Policy
DX Daily Store takes appropriate action against parties it categorizes as repeat infringers. A repeat infringer includes anyone who qualifies as such under the DMCA or who receives multiple claims of IP infringement and such claims are determined by DX Daily Store to be valid. Action may include, but is not limited to, removal of listings and suspension or termination of any relationship with Walmart.
What is Not Enforced
Although a manufacturer may enter into an exclusive distribution agreement with a seller of a product, violations of such an agreement are not the subject of IP infringement. Under the IP laws of the United States, rights owners may lose their rights to prevent the further sale of a product after the “first sale” by the manufacturer. Therefore, the enforcement of exclusive distribution agreements is a matter between the manufacturer and its retailers, and DX Daily Store will not take action to enforce such agreements.