Intellectual Property Policy | REAL Trends

INTELLECTUAL PROPERTY POLICY

REAL Trends has adopted the following general policy for copyright infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (“DMCA”). Pursuant to the DMCA, notices of claimed copyright infringement must be submitted to REAL Trends’ Designated Agent for the Website, as described below.

By Mail:

REAL Trends, Inc.
7501 Village Square Drive
Suite 200
Castle Rock, CO  80108

By Email:

[email protected]

A. Procedure for Reporting Copyright or Intellectual Property Infringements:

If you materially misrepresent that any content on the Website is infringing your intellectual property rights, you may be liable for damages (including costs and attorneys’ fees).  If you are not sure whether the Content infringes upon your intellectual property, please contact an attorney before contacting REAL Trends.

If you believe that any content residing on or accessible through the Website infringes a copyright or other intellectual property right, to provide REAL Trends of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above (“Infringement Notification”). Your notice must specify the type of infringement and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed;
  2. Identification in sufficient detail of the material being infringed, including the relevant copyright registration number;
  3. Identification of the content that is claimed to be infringing the identified intellectual property right. Include information regarding the location of the infringing content with sufficient detail so that REAL Trends is capable of finding and verifying its existence;
  4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting REAL Trends on the owner’s behalf, the address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the content is not authorized by the intellectual property or copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

B. Removal of Allegedly Infringing Material

Once a proper Infringement Notification is received by REAL Trends’ Designated Agent, REAL Trends may respond to a proper notice claiming copyright infringement by (i) removing or disabling access to any content claimed to be the subject of infringing activity; and (ii) terminating the Account and Website access of users REAL Trends believes to be repeat offenders.

If REAL Trends removes or disables access in response to such a notice, REAL Trends will make a good-faith attempt to contact the allegedly infringing user so that the user has the opportunity to submit a counter-notification.  Whether to reinstate the objected to content is solely within the discretion of REAL Trends.

C. Procedure to Submit a Copyright Counter-Notice to the Designated Agent

If you materially misrepresent that your content is not infringing the intellectual property identified in the Infringement Notification, you may be liable for damages (including costs and attorneys’ fees).  Therefore, if you are not sure whether or not your content infringes the identified intellectual property, please contact an attorney before contacting REAL Trends.

If a Website user believes that his or her content that was removed or to which access was disabled is not infringing a third party’s intellectual property right, you must send a counter-notice, pursuant to §512(g)(2) and (3) of the DMCA.  Please do not re-post your content at issue yourself. The counter-notice must contain the following information to the Designated Agent listed below.

  1. Your physical or electronic signature;
  2. Identification of your content that has been removed or to which access has been disabled and the location at which your content appeared before it was removed or disabled;
  3. A statement, under penalty of perjury, that the you have a good faith belief that your content was removed or disabled as a result of mistake or misidentification of such content;
  4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the complaining user’s address is located, or if your address is located outside the United States, for any judicial district in which REAL Trends is located, and that you will accept service of process from the complaining user who provided notification under subsection (c)(1)(C) or an agent of such person.

If a counter-notice is received by the Designated Agent, REAL Trends may send a copy of the counter-notice to the original complaining party, informing that person that REAL Trends may replace the removed content or cease disabling it in ten (10) business days.  Unless the intellectual property owner files an action seeking a court order against the allegedly infringing Website user, the removed content may be replaced or access to it restored in ten (10) to fourteen (14) business days after receipt of the counter-notice, at REAL Trends’ discretion.

Please contact REAL Trends’ Designated Agent to submit Infringement Notifications and Copyright Counter-Notices at the following address:

By Mail:

REAL Trends, Inc.
7501 Village Square Drive
Suite 200
Castle Rock, CO  80108 

By Email:

[email protected]