Intellectual property policy
2. Main types of Intellectual Property Protected
(1) Copyright: Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format.
(2) Trademark: A registered word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services.
(3) Patent: A registered design that is new, unique, and usable in some type of industry.
(4) Right of Publicity: The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.
3. Report Infringement
4. Report Copyright Infringement Using Copyright Infringement Notice(1) If you are an owner of copyright or authorized to act on behalf of the owner of a copyright that is allegedly infringed, you may send us a notice of infringement via our IP Portal, which must include the following:
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Clear and specific identification of each copyrighted work claimed to have been infringed. A Notice may cover multiple copyrighted works.
- Clear and specific identification of each infringing material that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Temu to locate each of such material.
- Reasonably clear and sufficient contact details so that we can contact you (i.e. address, telephone number, and email address).
- A statement to the effect 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 representation by you that (i) the information in the notice is accurate and (ii) under penalty of perjury, you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Remove or disable access to the infringing material.
- Notify the content provider who is accused of infringement that Temu has removed or disabled access to the applicable material.
5. Counter-Notice to Copyright Infringement Claim
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement under penalty of perjury that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s name, address, telephone number and email address, and a statement that such person or entity consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Whaleco Inc. may be found, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
6. Information of the Designated Agent to Receive Notifications
- Attention: Copyright Officer, Whaleco Inc.
- Office address: Suite 355, 31 St. James Avenue, Boston, Massachusetts 02116, USA
- Portal to receive Intellectual Property Infringement report: IP Portal