Copyright & Trademark Claims

Choose the relevant path

The published notice names three paths. Only the trademark-claim path includes detailed instructions in the current source.

1. A. Trademark claim

   Detailed instructions are published below for a claim involving a valid registered trademark or service mark.

2. B. Copyright complaint

   The notice refers to a section B for copyright complaints but does not include that section or its filing requirements.

3. C. Counter notification

   The notice refers to a section C for a person responding to an infringement complaint but does not include that section or its requirements.

This guide keeps that published boundary visible and does not add an unpublished legal procedure.

Trademark-claim threshold and route

The published notice addresses a claimant who holds a valid, registered trademark or service mark registered with the Hong Kong, China trademark office, or, for a foreign mark, with the appropriate intellectual-property organisation in the claimant's country. It states that state registrations are not considered valid for this purpose.

The source mentions a form “available here” but does not provide a link or form destination. This page therefore presents only the documented email route.

Information to include

The published notice says an effective notification of a claimed trademark violation must include the following information.

1. The trademark, service mark, trade dress, name or other indication of origin claimed to be infringed, including its registration number.
2. The jurisdiction or geographical area to which the mark applies.
3. The name, postal address and telephone number of the owner of the identified mark.
4. The goods and/or services covered by or offered under the identified mark.
5. The date the identified mark was first used.
6. The date the identified mark was first used in interstate commerce.
7. A description of how the claimant believes the mark is being infringed.
8. Sufficient evidence that the owner of the website claimed to be infringing is a LARUS customer.
9. The precise location of the infringing mark, including relevant electronic addresses or other location details.

Good-faith certification

The notice also asks for a good-faith certification, signed under penalty of perjury, stating the following.

• The content of the identified website infringes the rights of another party.
• The name of that party.
• The mark that is being infringed.
• The use of the identified website content claimed to be infringing is not defensible.

What the published notice says happens next

Upon receipt of the information identified for a trademark claim, the published notice says LARUS will initiate an investigation.

While investigating, LARUS may take the temporary actions below at its sole discretion and without any legal obligation to do so.

• Temporarily remove the challenged material from LARUS.
• Notify the posting party that its domain name or names will be locked down.
• Redirect the posting party's DNS.
• Forward the claimant's written notification to the posting party.
• If the material is stored only on a LARUS server, temporarily remove it or deny access to it.