Making a Claim of Intellectual Property Infringement
Making a Claim of Intellectual Property Infringement
Walmart and its related entities (collectively, “Walmart”) respect the intellectual property (“IP”) rights of others and have set up the online IP Claim Form for IP rights owners or their agents to report legitimate claims of IP infringement, including copyright, trademark, patent and counterfeit claims. The IP Claim Form should be used for Walmart and all its United States subsidiaries, including but not limited to Walmart.com, Sam’s Club, Jet.com, Bonobos, Moosejaw, Hayneedle, ModCloth, Shoes.com and Allswell (collectively, the “Walmart Sites”). Walmart strives to promptly process and investigate claims of alleged IP infringement and take appropriate actions under applicable laws.
Note that to make a claim of IP infringement, you will be required to make a declaration, under penalty of perjury, that the information contained in your claim is correct and that you are the IP rights owner or an agent of the rights owner. To understand what constitutes IP infringement, continue reading. To file an IP infringement claim now Click Here. If the information you submit is not accurate or complete, we may be unable to process or respond to your request. If you have questions about what IP infringement is, or whether your rights were infringed, consider seeking legal advice.
Copyright infringement is the unauthorized use of a creative work that is protected under copyright law. Examples of creative 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.” If you believe that your copyrighted work has been infringed under the copyright law of the United States, please notify Walmart by contacting its Designated Agent 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 Walmart, 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 you 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 with the trademark owner’s mark. If you believe that your trademark has been infringed, please notify Walmart by using the IP Claim Form. Note that Walmart does not mediate trademark disputes between third parties and trademark owners. Rather, Walmart 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. Walmart reserves the right to remove from the Walmart Sites any content that is found to be illegally infringing upon the rights of a trademark owner.
Counterfeit goods are fake items that are intended to appear authentic. If you believe that a counterfeit of your product is accessible or being sold on the Walmart Sites, please notify us by using the IP Claim Form and select the counterfeit reporting option. Walmart reserves the right to remove any content it believes to be counterfeit. Walmart 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 Walmart by using the IP Claim Form. Note that Walmart does not mediate patent disputes between third parties and patent owners. Rather, Walmart will allow the third party and patent owner to resolve a dispute over patent rights and infringement. Walmart reserves the right to remove from the Walmart Sites any content that is found to infringe the rights of a patent owner.
Repeat Infringer Policy:
Walmart takes appropriate action against parties it categorizes as repeat infringers. A repeat infringer is anyone who qualifies as such under the DMCA or who receives multiple claims of IP infringement and such claims are determined by Walmart to be valid. Action may include, but is not limited to, removal of listings from the Walmart Sites 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 Walmart will not take action to enforce such agreements.
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