NARD Trademark Policy

NARD Trademark Policy and Trademark Infringement

February 1, 2016

We respect the intellectual property rights of our users and others. This Trademark Policy applies to the website www.needarecorddeal.com (the “Site”) to address claims of infringement pertaining to trademarks owned or controlled by Site users or third parties.

Trademark Overview

A trademark is a word, slogan, symbol or design (such as a brand name or a logo) that identifies and distinguishes the products or services offered by one party from those offered by others. Generally, trademark law seeks to prevent confusion among consumers about the source of products or services. The owner of a trademark may be able to prevent others from using its trademark (or a similar trademark) in a manner that would confuse people into thinking either that there is a relationship between the trademark owner and the unauthorized user or that the trademark owner endorses the unauthorized user’s products or services.

The owner of a trademark may obtain rights through registration with a recognized trademark office. In certain countries and under certain circumstances, rights in an unregistered trademark may be created through actual use of the trademark in commerce. Please note, merely registering with or obtaining a business permit from a government entity may not by itself create trademark rights.

For more information about trademarks, or to find out about registration of trademarks in the United States, please visit the United States Patent and Trademark Office’s website. For a list of potentially applicable trademark offices in other countries, please consult the World Intellectual Property Organization’s trademark directory.

What is a Trademark Policy Violation on the Site?

Use of another user, or third party, registered trademark, company or business name, logo, or other trademark-protected materials in a manner that may mislead or confuse others with regard to its brand or business affiliation may be considered a Trademark Policy violation.

What is Not a Trademark Policy Violation on the Site?

Using another’s trademark in a way that has nothing to do with the product or service for which the trademark was granted is not a violation of the Trademark Policy.

NARD usernames are provided on a first-come, first-served basis and may not be reserved. Unfortunately, if your trademark is not registered with a recognized trademark office and another Site user is using the same, or a similar name, that use is not a violation of the Trademark Policy.

How Does NARD Respond To Reported Trademark Policy Violations?

When we receive valid reports of Trademark Policy violations from holders of federal or international trademark registrations, we review the reported user account and may take any of the following actions:

  • When there is a clear intent to mislead others through the unauthorized use of a validly registered trademark, NARD will suspend the account and notify the account holder.
  • When we determine that an account appears to be confusing users, but is not purposefully passing itself off as the trademarked good or service, we give the account holder an opportunity to clear up any potential confusion. We may also then release a username for the actual trademark holder’s active use.

An Entertainment Attorney on the needarecorddeal.com website can help you file the correct documents.

Guidelines Regarding NARD Profiles

NARD provides a platform for its users to share and receive a wide range of content, and we greatly value and respect our users’ expression. Because of these principles, we do not actively monitor Site users’ content and will not edit or remove user content, except in cases of violations of our Terms and Conditions, Copyright Policy, Trademark Policy, or NARD Disclosure.

  • The account should not use a third party’s trademark, logo, copyright-protected image, or other intellectual property without express permission.
  • The account should not, through private or public communication with other users, try to deceive or mislead others about the identity of the account holder.

Users may also choose to use different language to indicate that an account is not associated with the actual artist or company so long as it is clear and not confusing to others, and does not mislead or deceive.

If an account is reported to be confusing, we may request that the account holder make further changes to bring the account in compliance with these best practices.

Required Information When Reporting Trademark Policy Violations?

When submitting a, Trademark Infringement Violation Claim, you must declare under penalty of perjury that all of the information contained in the notice is accurate and that the use of your intellectual property described in the notice, in the manner you have complained of, is not authorized by the rights owner, its agent, or the law.

Before you submit a claim of trademark infringement to us, you should reach out to the individual posting the content. You may be able to resolve the issue simply by bringing it to their attention.
If you are unsure whether the content you are reporting is infringing your legal rights, you may wish to seek legal guidance from an attorney. Please see our entertainment attorney section on the website. You can follow the information using our Trademark Infringement Notification Process to submit.

If you wish to submit a claim of trademark infringement to us, please email us at trademarkinfringement@needarecorddeal.com or notices may be sent via U.S. mail to our corporate office:

NARD Holdings, Inc.
Attn: Legal Department – Trademark Policy
2700 Sumner Boulevard Ste 102
Raleigh, North Carolina 27616
Phone: 855-255-6273
Email: trademark@needarecorddeal.com

© 2016 NARD Holding Inc. All rights reserved.

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