TRADEMARK INFRINGEMENT COMPLAINT PROCESS
All Users are subject to Section 11 of the User Agreement governing the Platform’s Intellectual Property terms.
Any Holder of a Trademark (“Holder”) that believes in good faith that a User of the GunBroker.com platform (“User”) has infringed Holder’s Trademark, can ask the GunBroker.com platform (“Platform”) to take down the allegedly infringing material by filing a notice of alleged infringement (“Notice”) pursuant to this Process. The User whose use of the questioned Trademark is challenged by the aforementioned Notice may contest the Notice by filing a Counter-Notice as set out below.
Please note that the Platform does not adjudicate the dispute between the parties or make any judgment about the validity of a Trademark Holder’s claim or any Counter-Notice party’s defenses to a claim. The Platform’s only role in the Trademark Infringement Process is to pass the Trademark Infringement Notice to the alleged infringing User and to notify the Trademark Holder of the filing of a Counter-Notice, if any.
Whether or not a Counter-Notice is filed, the GunBroker.com Platform will upon receipt of a Trademark Infringement Notice assume that the alleged Holder and the alleged infringer (User) will proceed between themselves to determine who has rights to the Trademark and they shall notify the Platform of the result with a legally binding agreement or order. Pending a resolution of the issue between the parties by agreement or litigation, the Platform will act to protect GunBroker.com’s community by taking down the allegedly infringing content.
Notices and Counter-Notices are not subject to the Platform’s Privacy Policy. We may publish or share them with third parties if we determine, at our sole discretion, that such an action is necessary to protect third parties’ rights. We may also produce both Notices and Counter-notices and any supporting documentation pursuant to a subpoena or other legal discovery request. The Platform will comply with court orders and legal proceedings as required by law.
Any User who is unsure of whether certain material infringes an intellectual property right held by such person or a third party should seek legal counsel. Users are responsible for ensuring that their listing content does not infringe on anyone else’s intellectual property rights. GunBroker.com cannot provide legal advice or an opinion of which party’s rights should prevail. Any User submitting a false or fraudulent Notice or Counter-Notice may be liable for damages to an injured party, including costs and attorney’s fees. If GunBroker.com notices repeated (as determined at GunBroker.com’s sole discretion) Notices filed against any particular person or entity it may take steps to suspend or ban that User from the Platform.
Filing a Trademark Infringement Notice
To file a Trademark Infringement notice, the Trademark owner must complete a Trademark Infringement Complaint Form, which may be found at the following link: Trademark Infringement Complaint Form. The Platform may, but is not obligated to, take action based on a notice that does not fully and completely fill out the form.
A user who is unable to access the online form should contact the Platform at learequest@gunbroker.com. The message must include the words “TRADEMARK INFRINGEMENT COMPLAINT” in the subject line or in the first words of the message.
Filing a Trademark Infringement Process Counter-Notice
If a User’s material has been blocked or removed by the Platform as the result of a Trademark Infringement Notice, a User alleging that they either own, or have rights to or a license for, the use of the challenged Trademark may contest the removal or blocking of the contested Trademark.
The party wishing to file Counter-notice must complete a Trademark Infringement Counter-notice Form, which may be found at the following link: Trademark Infringement Counterclaim Form. The Platform may, but is not obligated to, take action based on a notice that does fully and completely fill out the form.
A user who is unable to access the online form should contact the Platform at learequest@gunbroker.com. The message must include the words “TRADEMARK INFRINGEMENT COUNTER-NOTICE.” When the Platform receives a Counter-Notice, it will be forwarded to the party who initially filed a Trademark Infringement Notice.
The filing of a Counter-Notice will result in our preservation of the status quo at the time of receipt of the Counter-Notice. We will take no further action with respect to the alleged infringement until and unless we receive a court order or facially valid agreement of the parties regarding disposition of the claim.