Proprietary Rights Infringement Reporting Procedures

BIG BUYER SHOWROOMS (Hereinafter for the sake of brevity referred to as “BBS”, “our”, “us” or “we”) provides these Proprietary Rights Infringement Reporting Procedures (these “Procedures”) to inform you of our policies and procedures regarding claims of infringement of proprietary rights on our website, mobile app or web app located on the Site and collectively referred to as Site.

These Procedures may be updated from time to time. We will notify you of any material changes by posting the new Procedures on the Site. You are advised to consult these Procedures regularly for any changes. Continued use of the site shall ipso facto mean that you have agreed and consented to the terms and policies of the website.

 If you are a proprietary rights owner and you believe BBS or someone is using BBS to infringe your proprietary rights, you may provide BBS with a written notice (the “Notice”) to BBS’s Legal Department as follows:

Attn: Mr./Ms. ___________ 

BIG BUYER SHOWROOMS

Address: _______________

Email: _________________

The Notice shall fulfill the requirements of the Indian Copyright Act, 1957, Trademarks Act, 1999, Designs Act, 2000 and such relevant acts of law in which the notice is being sent.  

In response to your Notice, BBS may remove or disable access to the allegedly infringing material and take such other actions as we deem appropriate in our sole discretion. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a material is infringing.

If we remove or disable access, we will attempt to contact the infringer (if not BBS) of the allegedly infringing material so that the infringer may provide a counter notification (the “Counter Notice”) as described hereunder. Please note that for such infringement by third- party using the website/ platform created by BBS, we shall not hold any responsibility/liability towards such infringement caused.

Please include the following items in your Notice, and number them as follows:

  1. Identify the proprietary rights that you claim are infringed. For example, identify your trademark or quote your copyrighted material.
  2. Provide a URL or link to where the material is located, if possible.
  3. Identify the website, webpage, posting, profile, feedback, or other material that you claim infringes your proprietary rights. Provide information reasonably sufficient to enable us to locate it.
  4. Identify yourself by name. Provide your address, telephone number, and email address. Provide contact information for the owner or administrator of the allegedly infringing material, if possible.
  5. Include the following statement: “I have a good faith belief that the use of the material in the manner described is not authorized by the owner of the exclusive proprietary right, its agent, or the law.”
  6. Include the brief of the facts relevant to the dispute and disclose any/all the relevant information with respect to the subject matter.
  7. Include the following statement: “The information in this notice is accurate.”
  8. Include the following statement: “I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of the exclusive proprietary right that is allegedly infringed.”
  9. Sign and date the Notice.

 

The owner or administrator of the allegedly infringing material may provide BBS with a Counter Notice BBS’s addressed to Legal Department as follows:

Attn: Mr. _________ 

BIG BUYER SHOWROOMS

Add:-

Email:

 

The Counter Notice fulfills the requirements of the Indian Copyright Act, 1957, Trademarks Act, 1999, Designs Act, 2000 and such relevant acts of law in which the notice is being sent.

In response to a Counter Notice, BBS may reinstate the allegedly infringing material. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is not infringing the proprietary rights of others or misrepresent any such material untrue in the said notice.

Please include the following items in your Counter Notice, and number them as follows:

  1. Identify the website, webpage, posting, profile, feedback, or other material that BBS has removed or to which BBS has disabled access.
  2. Identify the location at which the material appeared before it was removed or access to it was disabled.
  3. Identify yourself by name. Provide your address, telephone number, and an email address where we can contact you.
  4. Include any/all the relevant information with respect to the subject matter.
  5. Include a statement that you consent to the jurisdiction of the Bombay High Court and that you will accept service of process from the person who provided the Notice or from an agent of that person in the said address to be supplied by you.
  6. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each website, webpage, posting, profile, feedback or other material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  7. Sign and date the Counter Notice

 

Please bear in mind that BBS cannot give you legal advice. If you have questions about whether certain proprietary rights are valid or whether certain material is infringing, you should contact an attorney/lawyer.