Protection of Intellectual Property
Protection of Intellectual Property
Opal & Onyx respects the intellectual property rights of creators, brands, designers and rights holders, and we expect our partners and users to do the same. If you believe that content on the Opal & Onyx platform infringes your intellectual property rights, you can notify us so that we can review the material and, where appropriate, remove or restrict access to it.
Notice and Takedown
The Opal & Onyx Notice and Takedown form allows owners of intellectual property rights (or their authorised representatives) to notify us of alleged infringements. Using this form is the quickest and most efficient way for us to review your concerns.
Once you have submitted your notification, our team will investigate the matter as a priority and will contact you as soon as possible.
CLICK HERE TO FILL IN THE NOTICE
Copyright Notices (including DMCA – United States)
For notifications of copyright infringement (including those involving works protected in the United States under the Digital Millennium Copyright Act (DMCA)), please use the Opal & Onyx Notice and Takedown form so that we can process your notice efficiently.
Alternatively, you may send a notice of alleged copyright infringement via email to [insert email, e.g. notice@opalandonyx.com]. Your notice must include the following information:
- The signature (physical or electronic) of a person authorised to act on behalf of the intellectual property owner.
- Identification of the intellectual property allegedly infringed.
- Identification and location of the allegedly infringing material on Opal & Onyx (for example, the relevant URL(s) where the material appears).
- The intellectual property owner’s name, address, telephone number and email address.
- A statement, made under penalty of perjury, that the notifier has a good faith belief that the use of the material in the manner complained of is not authorised by the intellectual property owner, its agent, or the law.
- A statement that the information in the notice is accurate, and that, under penalty of perjury, the notifier is authorised to act on behalf of the copyright owner or exclusive licensee.
Opal & Onyx may share all or part of your notice with the seller or content uploader so that they can understand the claim being made.
FAQs
TrademarkInfringement
A trademark is a name, word, symbol, phrase, or logo used to identify the goods or services of one company and distinguish them from others.
For example, “Chanel” and the CC interlocking logo are trademarked identifiers of the brand.
Trademark laws exist to prevent consumer confusion regarding the origin or authenticity of goods.
Examples of trademark infringement include:
- Selling counterfeit or fake versions of a branded designer item.
- Misusing a brand name (e.g., labelling an item with a brand it was not made by)
- Misusing a logo (e.g., using protected logos without permission)
Design Right Infringement
Design rights protect the appearance of a product—its shape, colours, patterns, texture, or materials.
These rights prevent unauthorised replica designs that imitate distinctive elements of an original piece.
Examples of design right infringement include:
- Reproducing the unique colour pattern, shape, or quilting style of a designer handbag without permission
- Creating an item that visually imitates a protected designer silhouette
Copyright Infringement
Copyright protects original creative works such as photographs, descriptions, artwork, videos, written content, and more.
Copyright arises automatically as soon as a work is created.
Examples of copyright infringement
include:
- Using stock photos from another retailer without permission
- Copying original product descriptions or editorial text
- Uploading scanned images of copyright-protected photographs or artwork
- Sharing or distributing copyrighted music, videos, or digital media without permission
What Is Not Reportable?
This process is exclusively for reporting alleged intellectual property infringements.
It cannot be used for:
A. Selective distribution disputes (e.g., where a supplier restricts where an item may be sold)
B. Contractual issues (e.g., disagreements between sellers and distributors over sales terms)
C. Pricing or commercial policy disputes (e.g., enforcing minimum or fixed retail prices)
D. Regulatory compliance issues (e.g., matters involving controlled or restricted goods governed by law)
What If I Am Not the Rights Owner or Their Representative?
The Opal & Onyx Notice & Takedown
form is intended only for:
- Rights owners
- Their authorised representatives
- Exclusive licensees
If you are not the rights owner, you will not be able to submit a report.
You may, however, notify the rights owner of the suspected infringement and encourage them to contact us directly.
Can I Retract a Report?
Yes.
To retract a previously submitted report, please email us with the details of your original notice at:
(You may change the email to whichever address you designate for your legal notices.)
Troubleshooting or Technical Issues
To retract a previously submitted report,please email us with the details of your original notice at:
Submitting a CopyrightCounternotice (U.S. Copyright / DMCA Only)
If material has been removed in response to a U.S. copyright claim and you believe the removal was a mistake or misidentification, you may submit a DMCA counternotice.
To file a counternotice, reply directly to the email you received from Opal & Onyx regarding the takedown or send an email to:
dmca@opalandonyx.com (or your chosen DMCA address)
Your counternotice must include:
- Your signature (physical or electronic)
- Identification and location of the material that was removed or disabled
- A statement made under penalty of perjury that you have a good-faith belief the material was removed due to mistake or misidentification
- Your name, address, telephone number, and email address
- A statement that you consent to the jurisdiction of the appropriate U.S. federal district court
- A statement agreeing to accept service of process from the original complainant
Once received, Opal & Onyx will notify the original complainant.
If no legal action is filed, the material may be reinstated within 10–14 business days.
Opal &Onyx DMCA Designated Agent
(Replace with your exact corporate entity. Below is a placeholder.)
Opal & Onyx Ltd.
Attn: Legal Department
[Insert Business Address]
[City, Postal Code, Country]
Email:
dmca@opalandonyx.com
Phone:
[Insert contact number]