1. Copyright Infringement. Notice and Take Down Procedures.
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached in the following three ways:
i) By way of reporting any potentially violating listing through the tool provided on all listing pages.
ii) By post and in writing by sending to the following postal address:
3931 W. Dickens Avenue Chicago,
iii) by email at email@example.com.
2. Role & purpose of Eames.com
‘The Site’ provides an online marketplace for registered sellers (“Seller”) to offer to sell original and authentic only Eames designs (“Items”) to Buyers. Any sale is directly between the Buyer and the Seller.
Eames.com does not own or trade in Eames designs, new or old, authentic or non-original. Eames.com only provides the means for marketing of and sale of original and authentic Eames designs worldwide, essentially a safe and secure platform to buy and sell.
Eames.com is also an informational resource, independent of any and all known manufactures of Eames designs and associates thereof, with the purpose of providing impartial knowledge base data in regard to known designs that are or ever have been part of a secondary marketplace.
3. Authenticity & Relevant Marketplace Rules
Eames.com allows only the following to be listed in its marketplace:
- Authentic and legitimate Eames design pieces, from anywhere worldwide, as indicated by true labelling and other means of clear identification. This may include works produced by all original and licensed, authorized manufacturers no matter of country of origin or type of design. The marketplace will be monitored continuously and violations of this policy by way of the selling of reproduction or counterfeit copies will not be tolerated. Violation punishment will likely form de-listing, suspension or termination of the selling or buying account.
- Only ‘secondary owner’ pieces are permitted for sale on the Eames.com marketplace. By this we determine that items that are determined as ‘Brand New’ are not allowed for sale in the marketplace. We define the term ‘Brand New’ to identify a product as being direct from a dealer, shop, original source or factory. We define ‘secondary owner’ to any person/entity other than that of an official dealer, shop, original source or factory and whereby they have purchased the said item from the afore mentioned original source. It is entirely the responsibility of the seller to ensure that a) items are not brand new and b) items do not infringe on exhaustion law between two separate selling regions/countries. Should Eames.com determine that any listing constitute either (a) or (b) the listing may be removed, and the account of the seller may face action of suspension or termination.
4. Existing Rightsholders Reporting Mechanism
In addition to our automated and manual checks of all listed for sale Eames designs regarding policy 3, every individual sale listing page has a reporting function element available to rightsholders, associates or vigilant users.
The purpose of the reporting tool is to notify Eames.com of any individual listing which may, without prejudice, violate the terms of the marketplace website regarding policy 3 in part or in full. Reporting will allow Eames.com to review both the listing and information given in the form submission to assess whether violation has indeed incurred. Eames.com takes seriously any submission through the reporting tool and will rigorously undertake investigation of any matter brought to the attention of administrators through this given method.
Dependant on the severity of, or inconclusive status of, Eames.com may request further information and or legal confirmation/precedence from the reporter.
5. Use of Eames name regarding Eames.com
As purported in section 2, Eames.com does not deal in or sell Eames designs, new or old, authentic or non-original. Eames.com is purely an informational reference source as well as a safe and secure platform for others to buy and sell authentic pieces only. Eames.com is dedicated to providing historical design knowledge only for designs of Charles and Ray Eames .Eames.com only allows original articles of Charles and Ray Eames to be bought or sold on the online marketplace.
Eames.com is fully independent and highlights this clearly, accurately and prominently.
Under United States trademark law, we utilize nominative fair use, which protects the rights to use a trademark to accurately refer to a trademark owner, or its goods or services. For example, a reseller has the nominative fair use right to use the trademark to identify the genuine goods it is selling in the secondary market.
Under United States trademark law, we utilize descriptive fair use, where a term is used for its descriptive or non-trademark meaning. This includes, as in this case, using the name of a designer to identify that designer’s portfolio of designs, regardless of whether the designer’s name is also protected as a trademark for a particular manufacturer of ‘new’ goods comprising the designs.
© Eames.com 2018