Intellectual Property Protection & Anti-Counterfeiting Policy

1. Policy Overview

Upmos Inc (“Upmos,” “we,” “our”) operates a multi-vendor marketplace at upmos.com. This Intellectual Property Protection & Anti-Counterfeiting Policy (“Policy”) establishes our framework for protecting intellectual property rights, preventing the sale of counterfeit products, and maintaining trust across our platform.

Scope: This Policy applies to all users of the Upmos platform, including:

• Vendors (sellers, merchants, and marketplace participants)
• Buyers (consumers and business purchasers)
• Affiliates and marketing partners
• Third-party service providers integrated with our marketplace

Legal Framework: This Policy operates in compliance with:

• U.S. Lanham Act (15 U.S.C. §§ 1051–1141n) — Trademark protection
• U.S. Copyright Act (17 U.S.C. §§ 101–810) and DMCA (17 U.S.C. § 512)
• EU Intellectual Property Enforcement Directive (2004/48/EC)
• EU Digital Services Act (Regulation (EU) 2022/2065), Art. 6 intermediary safe harbor
• WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT)
• Berne Convention for the Protection of Literary and Artistic Works
• Paris Convention for the Protection of Industrial Property
• Madrid Protocol for International Registration of Marks
• TRIPS Agreement (WTO)

2. Prohibited Activities

The following activities are strictly prohibited on the Upmos marketplace:

2.1 Counterfeit Products

• Manufacturing, distributing, or selling counterfeit goods of any kind
• Listing replicas, knockoffs, or imitation products marketed as genuine brand items
• Offering “super copies,” “AAA replicas,” or “mirror-quality” imitations
• Selling products with forged certificates of authenticity
• Using brand names, logos, or trade dress without authorization

2.2 Trademark Infringement

• Using registered or unregistered trademarks without the rights holder’s consent
• Creating listings that cause consumer confusion about origin, sponsorship, or affiliation
• Keyword stuffing with competitor brand names in listings, titles, or metadata
• Using similar marks that dilute or tarnish famous brands

2.3 Copyright Infringement

• Reproducing, distributing, or displaying copyrighted works without authorization
• Pirating software, music, films, ebooks, or other digital content
• Using copyrighted images, product photos, or catalog data from other sellers or brands
• Selling bootleg recordings, unauthorized reproductions, or derivative works

2.4 Patent Infringement

• Selling products that infringe valid utility or design patents
• Importing patent-infringing goods for sale on the marketplace
• Manufacturing or assembling products covered by active patent claims

2.5 Trade Secret Misappropriation

• Using or disclosing trade secrets obtained through improper means
• Selling products developed using stolen proprietary information
• Reverse-engineering products in violation of confidentiality agreements

3. Intellectual Property Rights Protected

Upmos protects the following categories of intellectual property:

Rights Holder Definition: A rights holder includes the original creator, registered owner, exclusive licensee, or authorized agent of any of the above IP types.

4. Vendor Responsibilities

All vendors operating on the Upmos marketplace must:

4.1 Pre-Listing Obligations

• Verify Authenticity: Confirm that all products listed are genuine, legally sourced, and not counterfeit
• Document Supply Chain: Maintain verifiable records of product sourcing, including invoices, purchase orders, and supplier agreements
• Obtain Authorization: Secure written authorization from brand owners when required to sell branded products
• Register Trademarks: Provide proof of trademark registration or licensing for branded goods sold

4.2 Ongoing Obligations

• Accurate Descriptions: Ensure all product listings accurately describe the product, origin, and brand affiliation (or lack thereof)
• Genuine Images: Use original product photos or authorized images only — not copied from other sellers or brand websites
• Compliance Monitoring: Regularly review listings for potential IP issues and promptly remove any flagged content
• Record Retention: Retain supply chain and authenticity records for at least 5 years from the date of sale
• Cooperation: Respond promptly to IP-related inquiries from Upmos within 48 hours

4.3 Representations & Warranties

By listing products on Upmos, vendors represent and warrant that:

• They have the legal right to sell the products listed
• Products are authentic and sourced from legitimate supply chains
• No listing infringes the intellectual property rights of any third party
• All required licenses, permits, and authorizations have been obtained
• Product descriptions are truthful and not misleading

5. Reporting IP Infringement

Rights holders (or their authorized agents) may report suspected IP infringement through the following channels:

5.1 How To Report

5.2 Required Information

All IP infringement reports must include:

1. Rights Holder Identity: Full legal name, address, and contact information of the IP owner or authorized representative
2. IP Identification: Description of the intellectual property, including registration numbers (trademark, patent, copyright) where applicable
3. Infringing Content: Direct URLs or listing IDs of the allegedly infringing products on Upmos
4. Basis for Claim: Clear explanation of how the listed product(s) infringe the identified IP rights
5. Good Faith Statement: A statement that the reporting party has a good faith belief that the use is unauthorized
6. Accuracy Statement: A statement under penalty of perjury that the information is accurate and that the reporting party is authorized to act on behalf of the rights holder
7. Signature: Physical or electronic signature of the authorized person

5.3 Response Timeline

6. Verification & Investigation Process

When an IP infringement report is received, Upmos follows a structured investigation process:

6.1 Stage 1: Intake & Triage

• Report is logged in our IP case management system
• Assigned a unique case ID and priority level
• Automated checks run against known counterfeit patterns and previous violations
• Reporter receives acknowledgment with case ID

6.2 Stage 2: Investigation

• IP team reviews the reported listing(s) against the claimed rights
• Vendor is notified and given 48 hours to provide documentation (invoices, authorization letters, certificates of authenticity)
• Supply chain records are examined for authenticity indicators
• AI detection tools cross-reference the listing against known counterfeits

6.3 Stage 3: Determination

• Confirmed Infringement: Listing removed, enforcement action taken (see Section 7)
• Inconclusive: Listing suspended pending additional evidence from both parties
• No Infringement: Listing reinstated, reporter notified of determination
• Bad Faith Report: False or abusive reports may result in sanctions against the reporter

6.4 Expedited Review

We expedite investigations for:

• Health and safety products (pharmaceuticals, medical devices, food, children’s products)
• Reports from verified brand registry participants (see Section 9)
• Repeat offender listings
• Cases involving luxury goods or high-value counterfeits

7. Enforcement Actions

Upmos takes the following enforcement actions based on the severity and nature of the violation:

Additional Enforcement Measures

• Payment Hold: Funds from infringing sales may be withheld pending investigation
• Buyer Refunds: Full refunds issued to buyers who received counterfeit goods
• IP Database Entry: Confirmed counterfeits added to our internal IP violation database
• Cross-Platform Notification: Where legally permissible, information shared with other marketplace platforms
• Civil Litigation: Upmos reserves the right to pursue civil damages against repeat or willful infringers

8. Three-Strike Policy

Upmos employs a progressive enforcement model for IP violations:

Strike Expiration: Strikes expire after 24 months of compliant behavior. Expired strikes are not counted toward the three-strike threshold but remain in internal records.

9. Brand Protection Programs

9.1 Upmos Brand Registry

Brand owners may enroll in our Brand Registry Program for enhanced IP protection:

• Priority Review: IP infringement reports from registered brands are processed within 24 hours
• Proactive Monitoring: Automated scanning of new listings for potential infringement against registered marks
• Brand Store Pages: Verified brand storefronts to differentiate authorized sellers
• Authorized Seller Listings: Control which vendors are authorized to sell your branded products
• Analytics Dashboard: Real-time visibility into enforcement actions and infringement trends

Enrollment Requirements:

• Valid trademark registration (national or international)
• Proof of brand ownership or exclusive licensing
• Designated brand protection contact
• Agreement to Upmos Brand Registry Terms

To enroll, contact: brandregistry@upmos.com

9.2 Transparency Program

Brands may participate in our serialization-based anti-counterfeiting program where unique product codes allow buyers to verify authenticity at the point of purchase.

10. Authentication Requirements

Certain product categories require mandatory authentication before listing:

10.1 High-Risk Categories

10.2 Authentication Standards

• Upmos may require sellers to submit products for third-party authentication at the seller’s expense
• We partner with recognized authentication services for high-value categories
• Products failing authentication are immediately delisted and the seller is subject to enforcement action
• Authentication records must be retained for 5 years

11. Gray Market & Parallel Imports

Gray market goods (also called “parallel imports”) are genuine branded products sold outside the brand owner’s authorized distribution channels or intended geographic markets.

11.1 Upmos Policy on Gray Market Goods

• Gray market goods may be listed only if clearly disclosed as parallel imports in the listing description
• Listings must state: “This product is sourced from outside the manufacturer’s authorized U.S. distribution channel” (or equivalent regional disclosure)
• Warranty limitations must be clearly disclosed (e.g., “manufacturer’s warranty may not apply in your region”)
• Products must be genuine — counterfeit products labeled as “gray market” are treated as counterfeits

11.2 Brand Owner Rights

Brand owners enrolled in the Brand Registry (Section 9) may request restrictions on gray market sales of their products. Upmos will evaluate such requests on a case-by-case basis, balancing:

• The doctrine of first sale / exhaustion of rights
• Material differences between regional product versions
• Consumer safety and warranty implications
• Applicable competition and trade laws

12. Vendor Education & Resources

Upmos provides IP education and compliance resources to all vendors:

12.1 Training Programs

• IP Compliance Onboarding: Mandatory training module for all new vendors covering IP basics, listing requirements, and prohibited activities
• Advanced IP Training: Optional deep-dive courses on trademark law, copyright compliance, and supply chain authentication
• Remediation Training: Required for vendors who receive a Strike 1 warning (must be completed within 14 days)

12.2 Self-Service Resources

• IP compliance checklists and listing best practices
• Approved image and content usage guidelines
• Supply chain documentation templates
• FAQ library covering common IP questions
• Links to official trademark and patent databases (USPTO, EUIPO, WIPO)

12.3 Vendor Support

Vendors with IP-related questions can contact our IP Compliance Team:

• Email: ip-compliance@upmos.com
• Response time: Within 2 business days

13. Buyer Protection

Upmos is committed to protecting buyers from counterfeit products:

13.1 Counterfeit Guarantee

13.2 Buyer Reporting

Buyers who suspect they received a counterfeit product should:

1. Contact Upmos support at support@upmos.com with the order number
2. Provide photos of the received product showing suspected counterfeit indicators
3. If possible, provide comparison photos or reference to the authentic product
4. Retain the product and packaging until the investigation is resolved

13.3 Buyer Remedies

• Full Refund: 100% refund for confirmed counterfeit purchases
• Replacement: Where available, replacement with an authentic product from an authorized seller
• Account Credit: Additional marketplace credit may be offered for significant inconvenience
• Report to Authorities: We assist buyers in filing reports with consumer protection agencies when appropriate

14. Cooperation With Authorities

Upmos actively cooperates with law enforcement and regulatory agencies in combating intellectual property crimes:

14.1 Law Enforcement Partnerships

• U.S. Customs and Border Protection (CBP): Cooperation on import seizures and counterfeit interdiction
• FBI Intellectual Property Crimes Unit: Referral of organized counterfeiting operations
• ICE Homeland Security Investigations: Support for transnational IP crime investigations
• Europol IP Crime Coordinated Coalition (IPC3): Collaboration on EU-based counterfeiting networks
• INTERPOL: International coordination for cross-border IP crime

14.2 Data Sharing

When legally required or permitted, Upmos will share relevant information with authorities, including:

• Seller identity and contact information
• Transaction records and financial data
• IP addresses and device identifiers
• Listing content and communication records
• Supply chain documentation submitted by vendors

All data sharing complies with our Privacy Policy and GDPR Compliance Policy. We require valid legal process (subpoena, court order, or equivalent) except in cases involving imminent harm or danger.

14.3 Industry Collaboration

• Membership in the International AntiCounterfeiting Coalition (IACC)
• Participation in the International Trademark Association (INTA) anti-counterfeiting programs
• Cooperation with brand protection consortiums and intelligence-sharing platforms

15. Technology & Innovation

Upmos deploys advanced technology to detect and prevent IP infringement proactively:

15.1 AI-Powered Detection

• Image Recognition: Machine learning models trained to detect counterfeit product images, logo misuse, and unauthorized brand imagery
• Natural Language Processing: Automated scanning of listing titles, descriptions, and keywords for infringement patterns
• Price Anomaly Detection: AI-driven analysis flagging luxury or branded goods listed at suspiciously low prices
• Behavioral Analysis: Monitoring seller behavior patterns consistent with counterfeit operations

15.2 Proactive Monitoring

• Continuous scanning of all new and existing listings against the Brand Registry database
• Real-time alerts to enrolled brand owners when potential infringements are detected
• Automated listing suspension for high-confidence counterfeit detections
• Regular audits of high-risk product categories

15.3 Authenticity Verification Technology

• QR code and serialization-based product verification
• Blockchain-based supply chain traceability (pilot program)
• Integration with third-party authentication services

16. International Compliance

Upmos operates globally and complies with IP protection laws across multiple jurisdictions:

16.1 United States

• Lanham Act (15 U.S.C. §§ 1051–1141n) — Federal trademark protection
• Copyright Act (17 U.S.C.) and DMCA — Copyright protection and safe harbors
• Defend Trade Secrets Act (18 U.S.C. § 1836) — Trade secret protection
• Tariff Act § 337 — Import exclusion for IP-infringing goods
• STOP Act — Synthetics Trafficking and Overdose Prevention (counterfeit drug prevention)

16.2 European Union

• EU Trademark Regulation (2017/1001) and EU Trade Mark Directive (2015/2436)
• EU Intellectual Property Enforcement Directive (2004/48/EC)
• EU Digital Services Act (2022/2065) — Intermediary liability and notice-and-action under Art. 6, 16
• EU Customs Regulation (608/2013) — Detention and destruction of counterfeit goods at borders
• EU Trade Secrets Directive (2016/943)

16.3 International Treaties

• TRIPS Agreement (WTO) — Minimum standards for IP protection
• Paris Convention for the Protection of Industrial Property
• Berne Convention for the Protection of Literary and Artistic Works
• Madrid Protocol — International trademark registration
• Hague Agreement — International industrial design registration
• Patent Cooperation Treaty (PCT) — International patent filings

17. Appeals Process

Vendors subject to enforcement actions have the right to appeal:

17.1 Counter-Notice / Appeal Filing

• Appeals must be submitted within 10 business days of receiving notice of enforcement action
• Submit appeals to: ip-appeals@upmos.com
• Include: original case ID, detailed explanation with supporting evidence, and any documentation proving authorized use or authenticity

17.2 Appeal Review

• Appeals are reviewed by a senior IP compliance team member not involved in the original determination
• The rights holder who filed the original complaint is notified and given 5 business days to respond
• Decision issued within 10 business days of receiving the appeal

17.3 Possible Outcomes

• Appeal Granted: Listing reinstated, strike removed, seller notified
• Appeal Denied: Original enforcement action upheld; vendor informed of further remedies (e.g., direct resolution with rights holder, legal action)
• Modified Decision: Enforcement action adjusted (e.g., reduced suspension period)

17.4 DMCA Counter-Notifications

For copyright-specific appeals, vendors may file a counter-notification under 17 U.S.C. § 512(g) as described in our DMCA Policy.

17.5 Good Faith / Fair Use

Upmos recognizes that some uses of trademarks and copyrighted material may constitute fair use, nominative use, or comparative advertising. Vendors asserting such defenses should provide:

• Legal basis for the claimed exception
• Evidence supporting fair use or nominative use
• Any applicable case law or regulatory guidance

18. Modifications To Policy

Upmos reserves the right to modify this Policy at any time. When we make material changes:

• Updated version posted at this page
• The “Last Updated” date at the top of this page will be revised
• Material changes communicated to active vendors via email at least 30 days before taking effect
• Continued use of the Upmos marketplace after the effective date constitutes acceptance of the revised Policy

Archived Versions: Previous versions of this Policy are available upon request by emailing legal@upmos.com.

19. Contact Information

For questions, reports, or concerns regarding intellectual property protection:

Related Legal Documents

Legal Terms

• Terms of Use
• Disclaimer
• DMCA Policy
• End User License Agreement (EULA)
• Acceptable Use Policy (AUP)
• Impressum

Privacy & Compliance

• Privacy Policy
• Cookie Policy
• GDPR Compliance Policy
• CCPA/CPRA Compliance Policy

Marketplace Policies

• Product Listing Guidelines
• Prohibited & Restricted Products
• Vendor Code of Conduct

Accessibility

• Accessibility Statement

Changelog