Commercial Contracts

NFT Marketplace Enforcement

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Client:
Webflow.com
Release Date:
September 14, 2018

This guide provides insight on how to report intellectual property infringement on the top NFT marketplaces.

OpenSea

Step 1: Go to this webform.

Step 2: In your report via the above URL, you must provide the following:

  • Affirm that you're the intellectual property owner or authorized to act on the owner's behalf.
  • Place your full name as the e-signature in the report. This cannot be a pseudonym.
  • Identify the copyrighted or other protected work claimed to have been infringed.
  • Identify the material that is claimed to be infringing and information reasonably sufficient to permit the marketplace to locate the material.  For example, take screen shots and provide URLs slinking to the specific items you assert are violating your rights.
  • Provide your email as the contact information.
  • The following statement must be affirmed: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or IP rights owner, its agent, or the law."
  • The following statement must also be affirmed: "The information in the notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of the copyright or other IP right that is allegedly infringed."

Rarible

Step 1: Go this URL and follow the steps provided.

Step 2: In your report, you must describe in as much detail the context of why you are reporting that specific NFT or account/page. At the very least, you should provide the following:

  • Identify the copyrighted or other protected work claimed to have been infringed.
  • Identify the material that is claimed to be infringing and information reasonably sufficient to permit the marketplace to locate the material.  For example, take screen shots and provide URLs slinking to the specific items you assert are violating your rights.

DecentraLand

There are two ways to submit an infringement:

Method 1: Contact the infringing party directly.

Method 2: Contact the Foundation at legal@decentraland.org and provide the following information:

  • Place your full name in the signature block of the email. This cannot be a pseudonym.
  • A description of the material that you claim has been infringed; description of where the material that you claim is infringing is located on the Tools; your address, telephone number, and email address;
  • The following statement must be in your email: "I have a good faith belief that the disputed use is not authorized by the owner of the intellectual property, its agent, or the law"
  • The following statement must also be in your email: "The information in this notification is accurate and I am the intellectual property owner or authorized to act on the owner's behalf."

In Method 2, the Foundation will only try to reach the would-be infringing party to forward your concerns. If the alleged infringer does not agree with your claim and/or does not accept to withdraw the infringing content, the DAO, may take any of the following measures, (i) block the infringing content so as to render it inaccessible through the Tools (although it could be still accessible through other clients); (ii) block the infringing user's account.

The Foundation may also, at its sole discretion, (i) block any kind of content uploaded by users; (ii) suspend user accounts; and/or (iii) request documents evidencing the right of the contributor to use intellectual property rights embedded in the content.

SuperRare

Step 1: Send an email to the following addresses.

Emails: ip@superrare.com; legal@superrare.com

Step 2: In your email, include the following: 

  • Place your full name in the signature block of the email. This cannot be a pseudonym.
  • Identify the copyrighted or other protected work claimed to have been infringed.
  • Identify the material that is claimed to be infringing and information reasonably sufficient to permit the marketplace to locate the material.  For example, take screen shots and provide URLs slinking to the specific items you assert are violating your rights.
  • Provide your email as the contact information.
  • The following statement must be in your email: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or IP rights owner, its agent, or the law."
  • The following statement must also be in your email: "The information in the notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of the copyright or other IP right that is allegedly infringed."

Mintable

Step 1: Send an email to the following address.

Email: support@mintable.app

Step 2: In your email, provide the below in text within the email and attach the same text as a PDF.

  • Place your full name in the signature block of the email. This cannot be a pseudonym.
  • Identify the copyrighted or other protected work claimed to have been infringed.
  • Identify the material that is claimed to be infringing and information reasonably sufficient to permit the marketplace to locate the material.  For example, take screen shots and provide URLs slinking to the specific items you assert are violating your rights.
  • Provide your email as the contact information.
  • The following statement must be in your email: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or IP rights owner, its agent, or the law."
  • The following statement must also be in your email: "The information in the notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of the copyright or other IP right that is allegedly infringed."

Nifty Gateway

Step 1: Send an email to the following address.  

Email: intellectualproperty@niftygateway.com

Step 2: In your email, provide the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of the location on Site of the material that you claim is infringing.
  • Your address, telephone number and e-mail address.
  • A written 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.
  • 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.

MakersPlace

Step 1: Send an email to the following address.

Email: dannie@makersplace.com.  

Step 2: In your email, provide the following information:

  • The nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed).
  • All facts which lead you to believe that a right has been violated or infringed.
  • The precise location where the offending User Materials can be found.
  • Any grounds to believe that the person who posted the UserMaterials was not authorized to do so or did not have a valid defense(including the defense of fair use)
  • If known, the identity of the person or persons who posted the infringing or offending User Materials.

Crypto.com

Step 1: Send an email to the following address.

Email: contact@crypto.com.

Step 2: In your email, provide the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of the location on Site of the material that you claim is infringing.
  • Your address, telephone number and e-mail address.
  • A written 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.
  • A statement by you, made under penalty of perjury, that the above information in your notice s accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you have any questions or would like to see other marketplaces on the list, email ashli@welawllp.com.

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