General Information
The Intellectual Property Policy’s general idea is to protect and provide rights to the rightful owners of certain items protected by law, either in the U.S. or internationally.
As such, when you list a product in Zona Shoppers, you need to be aware of the following:
- You need to comply with the rules and regulations of the federal, state, and local laws applicable to the product you intend to sell.
- It would be best if you verified that you are not in violation of rightful owners’ Intellectual Property Rights, including local and international.
- It would help if you asked the rightful owner to sell, represent, or distribute their Intellectual Property; this action protects the person selling, serving, or distributing the Intellectual Property item.
Consequences of selling products with Intellectual Property protection without the proper permits
- Most times, the rightful owner will communicate with Zona Shoppers to interfere and stop showing products. However, in many cases, the legal representative, the spokesperson, or the rightful owner may send a letter to our administration.
- After verifying that you are not the rightful owner and have no permits, certification, or license to sell intellectually protected products, we will place your account on hold until you show you have the right to list them.
- If you cannot prove you have the right to list intellectually Property Protected products, we will place your sell rights, the earnings from those products, and your membership on hold.
- Any balance on your account will be placed on hold until the problem is solved.
- If the legal team of the rightful owner, through a court order, orders Zona Shoppers to redirect the balance of money to the rightful owner, Zona Shoppers needs to proceed with the court order.
- The rightful owner can legally retaliate against the vendor.
- According to the Terms of Use, Zona Shoppers will not be considered part of any legal process due to third-party actions.
- If we place your account on hold and the rightful owner or a court dismisses the accusations, you can request a re-installation through internal communication or direct email at [email protected].
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Note: This policy does not intend to be legal advice or to replace legal guidance. This policy only provides general information relevant to vendors. This policy should promote knowledge and legitimate curiosity leading to obtaining legal advice.
Zona Shoppers enforce Intellectual Property Rights, Copyright, Trademark, and Patent.
Copyrights
A copyright protects all original works such as videos, movies, musicals, songs, video games, books, paintings, and all original material for which an author requested protection. Therefore, a copyright gives the rightful owner the power to protect original works from unauthorized users to monetize their protected content. Specialized agencies review and provide special protection to prevent unauthorized users from taking advantage of the materials.
According to Appendix B of the Digital Millennium Copyright Act of 1998, the U.S. protects online copyrighted materials. In other words, stuff you see on the web may carry this type of protection, such as photos, documents, or blogs. If you decide to use an image for your store, you need to contact the photo owner and request permission to use it.
You must be the owner or the author of your photos because once you upload the image to Zona Shoppers, you consent to use your picture to Zona Shoppers, either on the homepage or social media, to promote your products.
The First Sale Doctrine (codified at 17 U.S.C. § 109) gives special authorization to people who paid for copyrighted material to be resale. For example, you bought a book, and later you sold it. If you are the person who rightfully paid for it, you can sell it. The same happens with the designer’s products and many more. Please learn through your legal team that this doctrine covers your listing.
Note: to qualify for the First Sale Doctrine, you need to show evidence of purchase, contract, or any document between the parts proving that it is a legitimate acquisition, a legitimate brand, and that it will be a fair sale.
Trademark
A trademark can be defined as a symbol, a word, or a logo (design), either by itself or as a combination. The trademark protects all identifiers of products, services, or any other quantifiable. A trademark prevents users from getting confused between products or services. For example, the name Zona Shoppers is protected.
A person can request the trademark agency to protect the distinctive mark in the U.S. or internationally. The protection required can only be used commercially, which does not necessarily imply that it is registered in a specific country but applies as common law. The rightful owner can stop others from using the symbol, word, or logo (design) to avoid damaging the brand and confusing the customers.
Using a symbol, word, or logo (design) without the rightful owner’s permission is considered an infringement and a cause to stop its use. However, you are not prohibited from selling the brands if you have the authorization, a permit, license, certificate, or any other type of agreement to do commerce.
Counterfeiting
Counterfeiting happens under an infringement. Counterfeiting occurs when there is a partial or total copy of a product with trademark protection. The brand suffers when people make illegal or unauthorized reproductions of a product. Reproductions affect the credibility and economy of the brand. Counterfeiting is entirely unlawful, and Zona Shoppers does not accept this action. It involves the business and the business of others.
Patent
A patent is another type of protection given to inventions. The inventor makes products like no other before, and if accepted, protection is given to this new product. There are two types of patents: utility and design. Utilities are the most common patent, given to something to use or to be used. The design is given based on the looks of a product.
Using a protected machine, product, or design without the rightful owner’s consent is an infringement. Therefore, the rightful owner has the right to request the desist of sales; also, just like all previous infringements, the rightful owner can seek remuneration and cancellation of listings.
The Right Thing to Do
- Sell products for which you have a permit, represent, or are authorized;
- Do not sell counterfeited products;
- Do not fall into infringement; ask the rightful owner to let you sell the products (sometimes they are willing to do so for a commission);
- Keep and present documentation proving you are approved or authorized to sell protected products;
- Be aware that if you fall into infringement, you will have your account and your income balance held until the problem is solved;
- Be prepared to take a legal toll by the rightful owner and maybe by Zona Shoppers;
- Do not use other people’s pictures to sell your products unless you are granted permission;
- Do not use protected designs to sell products.
