Trademark Policy

Revision: June 5, 2019

We respect the intellectual property rights of all people and expect our members to do the same. The purpose of this Trademark Policy is to fully define our policies and procedures as they apply to trademark, and to provide a recourse for intellectual property owners to report cases of potential infringement.

Any capitalized terms that are not defined in this Trademark Policy have the meaning as defined in our Terms of Service, which incorporates this policy by reference into its terms.

Please read this Trademark Policy carefully before choosing to use Eruditely. If you have any questions pertaining to this Trademark Policy, please ask us by contacting Trademark@Eruditely.com.

1. Awareness and Responsibility

Eruditely contains an extensive amount of intellectual property, and it is therefore extremely important for all members to be aware of and respect the intellectual property rights of others (such as copyright and trademark). When creating Member Content on the Platform, it is your responsibility alone to ensure that the Member Content does not infringe upon the intellectual property rights or any rights of another person, business, or entity. If you are not the owner of the Member Content that you Share and/or Contribute, you must first obtain all necessary licenses, permissions, and rights from the owner of the intellectual property to use the Member Content on Eruditely.

For further information regarding Member Content and your responsibilities, please read the “Member Content” section of our Terms of Service.

2. Protections and Actions

We believe in protecting the intellectual property rights of all people, and this extends far beyond the members of Eruditely. We therefore monitor Eruditely for infringement of intellectual property rights (such as copyright and trademark), and when appropriate will take corrective action(s) to protect the intellectual property rights of Eruditely members and others. If you infringe upon the trademarks of others, we may delete your infringing Member Content in whole or part, to be determined at our sole discretion. It is also our policy, in appropriate circumstances and at our sole discretion, to disable and/or delete the accounts of members who repeatedly infringe or are charged repeatedly with infringing the trademarks or other intellectual property rights of others.

3. Use of Third-Party Trademarks

When using the trademark(s) of another person, business, or entity (“Third-Party Trademarks”) in your Member Content, you must obtain all necessary licenses, permissions, and rights from the owner of the Third-Party Trademark before it may be used in your Member Content. Any use of Third-Party Trademarks on Eruditely that may mislead, mispresent, or cause confusion as to the source of goods and/or services is expressly forbidden. If you use a Third-Party Trademark as your username, you must ensure that your Eruditely account in its entirety does not in any way infringe upon that trademark. We do not recommend using Third-Party Trademarks as usernames, and we may when appropriate and at our sole discretion, deny your use of particular usernames that we feel infringe upon or may potentially infringe the intellectual property rights of others.

4. Filing Complaints with a Trademark Notice

We provide a convenient mechanism for trademark owners and the authorized representatives of trademark owners to report infringing use of their intellectual property on Eruditely. This is accomplished by filing a complaint (“Trademark Notice”) in accordance with this Trademark Policy. To file a Trademark Notice you must provide us with specific required information regarding your trademark and the nature of the claimed infringement. After you file your Trademark Notice we will review, investigate, and make a determination regarding your complaint as quickly as possible.

Please be aware that filing a complaint for a trademark infringement is a serious matter involving a legal process. We highly encourage you to first reach out to the member who you believe has infringed your trademark before contacting us. It is very possible that you will be able to resolve this matter by speaking with that person directly. By submitting a Trademark Notice you are authorizing us to provide your contact information and the content of your notice to the individual or entity that posted and/or used the intellectual property you are reporting.

In order to file a Trademark Notice please email all of the information outlined below to:
Trademark@Eruditely.com (Subject: Trademark Notice)

Trademark Owner

Provide the identification and contact information of the trademark owner:

  1. Full Name.
  2. Title (if applicable).
  3. Company Name (if applicable).
  4. Mailing Address.
  5. Country.
  6. Email Address.
  7. Phone Number.

Trademark Agent

Provide the identification and contact information of the trademark agent (if applicable):

  1. Full Name.
  2. Title (if applicable).
  3. Company Name (if applicable).
  4. Mailing Address.
  5. Country.
  6. Email Address.
  7. Phone Number.
  8. Are you expressly authorized to represent the owner in trademark disputes (not just transactions)?

Trademarks Allegedly Infringed

Identify the trademark(s) that are allegedly infringed:

  1. List of trademark(s) in text format.
  2. Online specimen(s) of the trademark(s) (ex. https://MySite.com/Trademarks/) (if applicable).
  3. Serial number(s) of the trademark(s) (if applicable).
  4. Registration number(s) of the trademark(s) (if applicable).
  5. Country/countries of the trademark(s) registration(s) (if applicable).

Content Allegedly Infringing

Identify the content that is allegedly infringing the trademark(s) on Eruditely:

  1. URL(s) of the infringing content (ex. https://eruditely.com/abc-123/).
  2. Specific element(s) of the content that are infringing (ex. text, image, video, etc.).
  3. Specific basis (reasoning) of the complaint and explanation of why the content is infringing.

Statements of Authorization

Include your statements of authorization as follows:

  1. I represent and warrant that the information contained in this Trademark Notice is true and accurate.
  2. I have a good faith belief that the disputed use of the trademark(s) is not authorized by the trademark owner, its agent, or the law (ex. as a fair use).
  3. I state under penalty of perjury that I am the owner, or authorized to act on behalf of the owner, of the trademark or of an exclusive right under the trademark that is allegedly infringed.
  4. I understand and acknowledge that a copy of this Trademark Notice may be sent to the current account holder(s) of the content at issue.

Digital Signature

Include your digital signature and date as follows:

  1. Sign the Trademark Notice by typing your full name between two forward slashes (ex. /Full Name/). Your digital signature is as legally binding as a physical signature.
  2. Date the Trademark Notice in the format XX/XX/XXXX.

5. Complaints Filed Against Your Content

In the event that the owner of a trademark files a complaint against your Member Content and/or use of a specific username, we will contact you to make you aware of the allegation. After we have completed our review and investigation, we may remove your Member Content in whole or part from the Platform, to be determined at our sole discretion. If the complaint is regarding your use of a specific username, we may when appropriate and at our sole discretion, deny your use of that specific username and allow you to choose a replacement. We will inform both parties (you and the original complainant) with the results of our determination and to let you know what other options may be available.

If you believe that a complaint was erroneously filed against your Member Content and/or use of a specific username, please contact us at Trademark@Eruditely.com and explain in detail why you feel that you are not infringing upon any intellectual property rights.

6. Amendments

In the event that we amend this Trademark Policy we will post the changes directly to this page and shall update the revision date displayed at the top of this page. If any of our amendments materially affects how we treat your intellectual property, we shall provide you with reasonable notice pursuant to our Terms of Service. If we are required by law to obtain your consent prior to making certain changes to this Trademark Policy, we shall first obtain your consent, and provide you with the opportunity to opt-out of the changes. Please be aware that any amendments made to this Trademark Policy are subject to the Amendments provision of our Terms of Service.

7. Contact Us

For questions pertaining to this Trademark Policy please contact:
Trademark@Eruditely.com

For all other inquiries please contact:
Support@Eruditely.com

Eruditely, Inc. is a Washington state corporation based in North Bend, WA.

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