Tophatter Copyright Policy

As a seller, images and descriptions used in your listings should be your own photos and descriptions of the product you have for sale, or photographs that you have obtained express permission to use. Using intellectual property rights of others is a violation of our Terms of Service and is strictly prohibited. Intellectual Property owners can, and often do, initiate civil lawsuits against sellers for offering and/or selling products that allegedly infringe on their rights. 

Tophatter recommends that sellers watermark photos they own to prevent online theft; however, placing a watermark or graphic over or otherwise editing or altering an existing image  does not change the intellectual property ownership.

Intellectual property owners may initiate lawsuits, temporary restraining orders (TRO), injunctions or pursue other civil recourse for unauthorized use of this property. If a TRO is filed regarding an item listed on a seller’s account, the account will be temporarily suspended pending resolution of the lawsuit.

Tophatter is not responsible for any theft or unauthorized use of intellectual property and will comply with all legal requests in any court orders. The actions Tophatter takes will be required, to comply with the terms of the court-ordered TRO. Compliance with such orders generally includes, but is not limited to: 

  • The listing in question being removed from the Tophatter platform
  • The selling account being suspended
  • All of the selling account contact information being provided to the Plaintiff'’s law firm
  • The number of sales and the total dollar amount of the sales of the infringing item(s) being provided to the Plaintiffs law firm
  • All payouts being held, pending settlement

The seller will be responsible for contacting the Plaintiff’s law firm to arrange a settlement. Tophatter is a selling platform, not a named party, and can not provide further assistance, legal or otherwise, regarding these lawsuits. Once a settlement is reached between the seller and the Plaintiff, notice of that settlement will need to be provided to Tophatter before the offending account can be unsuspended or any payouts are released. 

Please note, a TRO may affect a seller’s account beyond the scope of the TRO. If a default judgement is entered, Tophatter may be required to suspend the account permanently and/or release the full sum of payout to the Plaintiff.

An additional fee may be charged for each order in violation of Tophatter policies. These fees are issued at Tophatter's discretion and will not exceed $5,000 per review, regardless of the number of orders included.

If you are a copyright or trademark owner

Under United States copyright law, only the legal or beneficial owner of an exclusive right under a copyright is entitled to take action.  In other words, copyright owners are responsible for policing their own rights and bear the cost of policing. Please see this article for a list of items that have already been blocked on Tophatter dues to DCMA takedown requests. 

Reporting Copyright

For instructions on reporting a copyright infringement, please see our article here.

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