Intellectual property

Jelly respects intellectual property rights and expects everyone using it to do the same. This page is for rights holders: how to report content that infringes what you own, how the member whose listing came down answers it, and what happens to an account that keeps doing it.

If you rented or bought a piece and think it is counterfeit, this is not the page you want. That is a report on your order rather than a legal notice, and it is covered in Counterfeits, replicas and dupes.

What is not allowed on Jelly

• Counterfeits, replicas and unauthorised copies. The whole rule is in Counterfeits, replicas and dupes.
• Photographs, video or listing words used against their owner's wishes. A lender may put a shop's, a model's or a press photo of the piece beside her own; if the photo is yours and you object, send the notice below and it comes down.
• Using a brand's logo, trademark or protected design in a way that suggests an authorisation or an affiliation you do not have.
• Claiming to be an authorised retailer, dealer or stockist when you are not.
• Listings for pieces that infringe a copyright, trademark, design right or patent.

Your own photographs of a genuine branded piece you own, with the brand named accurately, are fine. That is the ordinary case and nothing here is aimed at it. So is a shop's, a model's or a press photo of the same piece beside them, unless its owner objects.

Reporting copyright infringement

Send a notice to info@onjelly.com with all of the following:

1. Your physical or electronic signature.
2. Identification of the copyrighted work you say has been infringed. A representative list is acceptable where one notice covers several works.
3. Identification of the material you say is infringing, with enough detail to find it. A direct link to the listing, the Jelly board or the profile is the most useful thing you can give.
4. Your name, address, telephone number and email address.
5. A statement that you believe in good faith that the use is not authorised by the owner, its agent or the law.
6. A statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act for them.

A notice missing any of these may be incomplete, and Jelly may come back to you before acting on it.

Reporting a trademark or a counterfeit as a rights holder

A trademark claim is a different process from a copyright one. Send it to the same address with:

• Your name, the rights holder you act for, and your authority to act for them.
• The trademark at issue, with its registration number and jurisdiction where there is one.
• A link to each listing you are reporting.
• What is infringing about it: whether the piece is counterfeit, whether the imagery is unauthorised, whether the listing misrepresents an authorisation.
• Your contact details.
• A statement that you believe in good faith that the use is unauthorised, and that what you have given is accurate.

A notice saying that a whole brand is being infringed, without naming the individual listings, cannot be acted on. Specifics are what make a report workable.

What happens after a notice arrives

• The notice is read for completeness.
• Content that is properly noticed comes down.
• The member is told why, and given a copy of the notice, so they can answer it.
• The removal is recorded against their account, for the ladder below.

Removing a listing is not a finding that the person who posted it did anything wrong. It is what a valid notice requires.

Answering a removal

If your content came down and you believe that was a mistake, or that you have the right to use it, you can send a counter-notice to info@onjelly.com with the equivalent elements: your signature, what was removed and where it was, a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification, your contact details, and your consent to the jurisdiction of the federal court for the district where you live.

Read that last one properly. Sending a counter-notice means agreeing to be taken to court over this if the rights holder chooses to, and handing them your contact details. It is a real legal step and it is not an appeal form.

A valid counter-notice is forwarded to whoever sent the original notice, contact details included. That is what a counter-notice is, and it is why the warning above matters. Where they do not take it to court, the content goes back up.

Repeat infringement

Accounts that keep infringing are closed. A strike is counted when content comes down on a valid notice and either no counter-notice is sent or the content is not restored. A strike comes off again if the content is restored after a counter-notice, or if the notice is withdrawn.

• First strike: content removed, a formal warning.
• Second strike: content removed, listing privileges restricted while the closet is reviewed.
• Third strike: the account is closed permanently.

An account can be closed before the third strike where the conduct is serious enough: selling counterfeits at volume, fabricating proof of authenticity, or building a closet mostly out of other people's content. A single deliberate counterfeit can close an account on its own, whether or not a rights holder ever sends a notice.

False and abusive notices

Sending a notice you know to be false is a serious matter, and the law provides for damages against a party who knowingly misrepresents that material is infringing.

Separately, as a matter of how Jelly runs:

• A party with a pattern of invalid claims stops being acted on.
• Access to this process is restricted where it is being used to interfere with legitimate resale rather than to protect a right.
• Affected members are told where a notice is found to have been sent in bad faith.

To withdraw a notice you sent in error, write to info@onjelly.com from the same address you sent it from.