Trademark Breaches on Zazzle

CreativeLeahG
Honored Contributor III

Please can you clarify something?

I've noticed over my time here a number of trademark breaches which can easily be found via 'search' and when identified should (I'd have thought) result in them all being removed.

However, it appears to be the case only 'individual items when reported as a single product' are removed when reported. Which means the trademark breaches persist as we creators can't possibly spend our time reporting thousands of products individually for a single infringement.

Is Zazzle not able to remove them all when it is identified a trademark breach is prolific on the site?

We are encouraged to report these items when we see them but this is a lot of work if we have to report each one individually.

It is not the case Zazzle isn't aware of the other items as often when I make a report I state that these breaches exist in the thousands and can be found via 'search'.

Please can you clarify the rules in this regard as it is equally confusing when we are the ones who have items removed for a breach and see the other breaches remain. 

Thank you

9 REPLIES 9

CrazyMermaid
Valued Contributor II

Do you own the trademark? I am a little confused by your post. I thought only the person who owns the trademark or copyright can request a product be removed. So if they only request one takedown, that is all that occurs. I could be horribly wrong in my understanding though. 

CreativeLeahG
Honored Contributor III

If a global brand is noticed as being mentioned in tags etc. we are encouraged to report it, that's always been the case. I don't ask for anythings removal, we are advised this is what occurs / tags removed etc.

Only the holder of the copyright or trademark should be to able to report it because no one else knows if they were granted permission, bought a license or work for the business. Even though it is doubtful, we still don't know. If it annoys you, perhaps contact the business and let them handle it. Only they should be able to send a takedown notice snd that is probably why Zazzle doesn't remove it.

CreativeLeahG
Honored Contributor III

The process regarding trademark reports has been reiterated by idraw, should you be unfamiliar with them. Also as noted in my OP, Zazzle does remove individual items when reported, that wasn't my query. 

Your query was asking why they don't do a blanket sweep to remove all of them and I gave you a possible reason. They would need to investigate each one.

Also if you click on Report Violation and then on More on Copyright, it clearly states:

"If you are an intellectual property owner and you believe that your intellectual property has been used or copied in a way that constitutes copyright and/or trademark infringement, please provide a notice containing the following information to Zazzle's Copyright Agent"

And then it later goes on about sending a counter notice if something was removed and they have the right to use it. So I guess it's really not your place to know if someone has permission to use something and if that person sends a counter notice, who do they send it to? You? You don't have the right to send a take down notice if it's not your IP in the first place and then it can get legally messy. 

If you report something, Zazzle can check with them but that takes time and legally they have themselves covered by anyone ticking the box stating that they have a legal right to any copyright/trademark. 

idraw
Honored Contributor

@CreativeLeahG   @CrazyMermaid 

I went to the report violation link and copied it—-here’s what it says—-
(copyright and trademark are BOTH proprietary rights when reading below)

Report Violation:

We rely on our Community to maintain the integrity of Zazzle's Product Stores. If you believe that this product is in violation of any of the following, please select the appropriate reason, describe the violation and click Submit

Select a reason for the violation.

I believe that this violates intellectual property or other proprietary rights. (More about Copyright.)

This product does not adhere to Zazzle's Acceptable Content guidelines. (Please see the Ratings System.)

This product does not belong in this category.

This product contains tags that are inappropriate. 

Connie
Honored Contributor II

But legally, Zazzle isn't supposed to take down the reported items unless the copyright or trademark holder does the reporting. Otherwise, someone with a grudge against somebody else, could report all those person's items as infringing, without any proof.

CreativeLeahG
Honored Contributor III

Global brands are obvious infringements, and Zazzle checks before removing tags or items. They don't just remove things.

LMGildersleeve
Valued Contributor III

I have often reported obvious copyright or trademarked images used on Z and they all have been taken down.