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Intellectual Property Protection Policy and Infringement Claims

Sunmen respects the intellectual property rights of others, and we expect our users to do the same. We have instituted the following procedures to facilitate cooperation between Sunmen and you in protecting your intellectual property rights:
  • Voluntary daily review and removal by Sunmen of listings that appear to offer infringing items
  • Prompt removal of such listings where an appropriate intellectual property infringement claim is filed by intellectual property rights owners against the user of Sunmen's service who submitted such listings
  • Written notification to users submitting infringing listings that the items are prohibited on the Sunmen website and are thereby removed
  • Written notification to users whose listings are claimed to infringe the intellectual property rights of others, and provision of an opportunity to respond to such charges
  • Termination, when appropriate, of the accounts of users of the service who appear to be repeat infringers.

Sunmen is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace - who post literally tens of thousands of trade leads for items on the Sunmen website each day - have the right to sell the goods offered. We appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. Sunmen is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, Sunmen is not endorsing a claim of infringement. Neither, in those instances in which Sunmen declines to take down a listing, is Sunmen determining that the listing is not infringing, nor is Sunmen endorsing the sale of goods in such cases.

We ask those who assert claims of infringement and ask Sunmen to stop others from listing trade leads on our marketplace to stand behind their claims. By submitting a report of alleged infringement to Sunmen and asking Sunmen to take down a listing, you agree to indemnify Sunmen against claims or damages arising from the removal of the accused listing.

Procedures for reporting an alleged infringement to Sunmen:

  1. If you have a good faith belief that a listing on Sunmen infringes your copyright, trademark, patent or other intellectual property rights, you may download our Notice of Claimed IPR Infringement (the "Notice") form, complete it, and fax or email it to Sunmen. The completed Notice should specifically identify the vendor and claimed infringing product listing (i.e., product description, model number, etc.). Click here to download Sunmen's Notice of Claimed Infringement Form.
  2. Upon receipt of the Notice, we will promptly evaluate your complaint, and in cases where it appropriate, we will expeditiously take down the listing referred to in the Notice.
  3. We will notify the vendor in writing of the removal of the claimed infringing product listing and provide the vendor with your contact information so that the vendor may contact you directly and with an opportunity to respond.
  4. If the vendor objects to the removal of the alleged infringing product listing, the vendor may submit to us an appropriate counter-notice to dispute the claim. Upon receipt of such counter-notice, we may resume the vendor's listing unless we receive notice from you that an action has been filed against the vendor in a court of competent jurisdiction for infringement of your intellectual property rights.
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