DMCA & Trademark Policy
This page covers two related-but-different intellectual-property complaint processes: copyright (governed by the DMCA in the United States) and trademark (which has no formal U.S. notice-and-takedown statute but for which we nonetheless run a parallel procedure).
Part A — DMCA / Copyright
Brimky, operated by Custom Software Solutions LLC, respects the intellectual-property rights of others and complies with the Digital Millennium Copyright Act (DMCA). This policy describes how to submit a copyright takedown notice, how to counter-notice, and how we handle repeat infringers.
1. Designated DMCA agent
Send DMCA takedown notices to our designated agent:
DMCA Designated Agent
Custom Software Solutions LLC
8 The Green #18856, Dover, DE 19901
Email: [email protected]
Our designated agent is also registered with the U.S. Copyright Office in the DMCA Designated Agent Directory.
2. Takedown notice — what to include
To be effective under the DMCA, your takedown notice must include substantially all of:
- A physical or electronic signature of the copyright owner (or person authorized to act on their behalf).
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and the URL or other location where it appears on our service.
- Your contact information (name, mailing address, telephone number, email).
- 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.
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. What happens after a valid notice
Upon receipt of a valid takedown notice, we may remove or disable access to the allegedly infringing material. We may also notify the affected Client and forward a copy of the notice (with personal information redacted where appropriate).
4. Counter-notice procedure
If your content has been removed or disabled and you believe that removal was in error or based on misidentification, you may submit a counter-notice. To be effective, a counter-notice must include substantially all of:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location where it appeared before removal.
- A statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification.
- Your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which Brimky may be found), and that you will accept service of process from the person who provided the original takedown notice or an agent.
Send counter-notices to the same designated agent shown above.
5. Repeat infringer policy
We may terminate accounts or services of repeat infringers. We may also disable or remove content where we have actual knowledge or awareness of facts suggesting infringing activity.
6. Misuse
Anyone who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be liable for damages under 17 U.S.C. § 512(f).
Part B — Trademark complaints
Trademark complaints don’t have a formal U.S. notice-and-takedown framework like the DMCA, but we take alleged trademark infringement seriously and operate a parallel procedure.
7. How to submit a trademark complaint
Email [email protected] with the subject “Trademark complaint” and include:
- The trademark (word mark, logo, or other), its owner, and the country/jurisdiction of registration (with registration number if registered).
- A description of how the trademark is being used on a Brimky-hosted site that you believe creates confusion as to source, sponsorship, or affiliation.
- The specific URLs where the alleged infringement appears.
- Your name, organization, mailing address, phone, and email.
- A statement that you are the trademark owner or authorized to act on the owner’s behalf.
- A statement, under penalty of perjury, that the information in the complaint is accurate.
8. What we do with trademark complaints
We review the complaint against the apparent use on the customer’s site. Where the use appears to be a clear case of infringement (e.g. copying a registered mark in a related category, counterfeit logos, unauthorized brand impersonation) we may restrict, disable, or remove the content, and notify the affected customer. Where the use is ambiguous or appears to be fair use, comparative reference, nominative use, or otherwise plausibly lawful, we may forward your complaint to the customer for response and let the parties resolve it directly. We do not act as adjudicator of complex trademark disputes.
9. Counter-response
If we restrict content based on a trademark complaint, the affected customer may submit a counter-response to [email protected] explaining the basis for their continued use. We may restore content on receipt of a credible counter-response while the parties resolve the matter, or we may keep it restricted pending resolution.
10. Repeat infringer policy (trademark)
We may terminate accounts or services of customers who are the subject of repeated, credible trademark complaints.