If someone is selling my copyrighted work or using my trademark without my permission, what can I do?
The information below is provided for general information purposes only and is not legal advice. If you have any questions about this information or your specific intellectual property (IP) rights or situation, please consult with a professional legal counsel.
As stated in our Terms of Service, content that infringes IP rights of others may be delisted or removed from the GameStop NFT marketplace. Such IP rights include copyright or trademark.
If you have a good faith belief that your IP rights are infringed on the GameStop NFT marketplace, please complete and submit the Intellectual Property Takedown Request Form (“Takedown Request Form”) to request that an item or items be taken down from the GameStop NFT marketplace due to an alleged infringement. You can also access the Takedown Request Form by going to a specific NFT on the GameStop NFT marketplace, click “More” and then “Report” and select “IP Infringement” in the drop-down menu and click “Open form.”
Please note that you must be the IP rights owner or the IP rights owner’s legal representative (such as an agent or attorney) to file this Takedown Request Form on behalf of the IP rights owner. We are unable to process your submitted Takedown Request Form if you are not the IP rights owner or the IP rights owner’s legal representative.
Also, with respect to copyright infringement, we have a notice and takedown process for such infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), which is the United States law governing claims concerning copyright-protected materials being distributed online. This process allows copyright owners or their permitted legal representatives to report content that they believe in good faith infringes their copyright. The Takedown Request Form is also part of this process.
We will evaluate the submitted Takedown Request Form for authenticity and whether it fulfills the requirements of the DMCA and/or other requirements. We may email you requesting for additional information, and request that you respond to our email so we can continue reviewing your submitted Form. If the submitted Takedown Request Form is authentic and complete and the reported content is on the GameStop NFT marketplace, we will delist the allegedly infringing content from the GameStop NFT marketplace. Please note that we do not make determinations as to the legal merit of infringement claims.
If we delist an item or items due to alleged copyright infringement, we will notify you using the email address that you provided in the submitted Takedown Request Form. If we have an email address on file for the creator of the delisted content, and the creator opted to receive emails from us, we will forward to the creator a copy of the submitted Form with any personally identifying information (PII) redacted, along with instructions for filing a counter-notice to our DMCA Agent at email@example.com (Attn: Legal - DMCA). Additionally, we will email the owner of the delisted content that the item(s) has been delisted, provided that we have the owner’s email on file and the owner has opted to receive emails from us.
Can the owner of the delisted content file a counter-notice, and if so, what happens next?
The DMCA allows the copyright owner or the copyright owner’s legal representative of the alleged infringing content to submit a counter-notice affirming their good faith belief that the alleged infringing content was delisted or removed due to a misidentification or mistake. Please note that we are unable to process the counter-notice if the submitter is not the copyright owner or the copyright owner’s legal representative of the alleged infringing content, or if the counter-notice is incomplete.
If we receive a counter-notice, we will review it for authenticity and completeness, and may send an email requesting for additional information. If the counter-notice is authentic and complete, we will forward the submitted counter-notice to the person/entity who filed the Takedown Request Form. If such person/entity does not notify us with proof within ten (10) business days of receiving the counter-notice that such person/entity has filed a legal action seeking a court order to prevent the affected owner of the alleged infringing content from having the allegedly infringing content being reinstated or restored on the GameStop NFT marketplace, the content will be reinstated on GameStop NFT marketplace. Such proof can be, for example, a copy of the filed compliant with a state or federal court.
Please note that under the DMCA false statements in the DMCA Notice, Takedown Request Form or counter-notice may lead to civil or criminal penalties. Thus, keep this in mind when determining whether to file a DMCA Notice, Takedown Request Form or counter-notice. Also, if you have any questions regarding the above, please consult with a professional legal counsel.
Furthermore, by submitting a DMCA Notice or Takedown Request Form, you understand and agree that you shall be liable for any damages, including costs and attorneys’ fees, any of the GameStop Entities incurs related to any misrepresentation relies on to remove or disable access to the alleged infringing material.
Can I send my Takedown Request Form, DMCA Notice or counter-notice via email or mail?
Yes. If you wish to send your DMCA Notice, Takedown Request Form or counter-notice via email or mail, please email or mail, respectively, to GME Entertainment’s designated copyright agent at:
GME Entertainment, LLC
Attn: Legal - DMCA
625 Westport Parkway
Grapevine, TX 76501
Please note that sending your DMCA Notice or Takedown Request Form via email or mail may take longer to process and must include all of the information listed above.
For DMCA Notice, you must include all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.