Lushes Intellectual Property Policy

Lushes Intellectual Property Policy: Upholding Creativity and Innovation

At Lushes, we are a vibrant marketplace that celebrates creativity, authenticity, and innovation. Our platform thrives on the unique contributions of our sellers and the trust of our customers. A fundamental pillar of this ecosystem is the unwavering respect for Intellectual Property (IP) rights. This Intellectual Property Policy (“Policy”) meticulously outlines Lushes’s commitment to protecting the copyrights, trademarks, and other proprietary interests of creators, brands, and rights holders, while fostering a fair and legally compliant environment for all.

Operating from Rewari, Haryana, India, and serving a global community, Lushes is dedicated to upholding both Indian and international intellectual property laws. We believe that safeguarding IP rights is not merely a legal obligation, but a moral imperative that ensures creators are recognized and rewarded for their ingenuity, and consumers can trust the authenticity of products offered on our platform. This Policy is designed to provide clear guidance on our approach to IP, how we address disputes, and the procedures for reporting infringement, ensuring a transparent and responsible marketplace.

Please review this Policy carefully. Your continued use of the Lushes platform, whether as a buyer or a seller, signifies your full understanding and agreement to abide by its terms.

1. Lushes’s Commitment to Intellectual Property Rights: Our Core Principles

Lushes is deeply committed to upholding the intellectual property rights of all parties. Our principles guide every action we take regarding IP.

1.1. Respect for Intellectual Property:

  • Creators’ Rights: We unequivocally respect the intellectual property rights of artists, designers, manufacturers, and brands. This includes, but is not limited to, copyrighted works (e.g., product designs, photographs, textual content), trademarks (e.g., brand names, logos, slogans), and design rights.
  • Platform Integrity: Lushes is designed to be a marketplace for genuine and authorized products. We strictly prohibit the listing and sale of counterfeit goods, unauthorized replicas, or any item that infringes upon the intellectual property rights of others.
  • Proactive Measures: While we rely on rights holders to report infringement, Lushes may also employ proactive measures, including technological tools and internal review processes, to identify and remove potentially infringing content or listings.

1.2. Scope of this Policy: This Policy applies to all users of the Lushes platform, including:

  • Sellers: Who list and sell products on Lushes, and are responsible for ensuring their listings, products, and associated content do not infringe upon third-party IP rights.
  • Buyers: Who interact with listings and may identify potential infringements.
  • Rights Holders: Who own copyrights, trademarks, or other IP rights and wish to report infringements occurring on the Lushes platform.

1.3. Definition of Intellectual Property (Relevant to Lushes): For the purposes of this Policy, “Intellectual Property” primarily refers to:

  • Copyright: Legal protection for original works of authorship fixed in a tangible medium of expression (e.g., product photographs, textual descriptions, unique product designs where copyright applies, software code used in digital products). This generally covers the expression of an idea, not the idea itself.
  • Trademark: A word, phrase, symbol, design, or a combination thereof, that identifies and distinguishes the source of goods or services of one party from those of others (e.g., brand names, logos, product names, slogans). Trademarks prevent consumer confusion about the origin of goods.
  • Design Rights (Industrial Designs): Protection for the aesthetic or ornamental aspect of a useful article (e.g., the unique shape or pattern of a product).
  • Patent (Less Common for Marketplace, but relevant for new technologies): Grants exclusive rights for an invention (a new process, machine, manufacture, or composition of matter), or significant improvements to existing ones.

2. How Lushes Handles Copyright and Trademark Disputes: Our Due Process

Lushes operates on a “notice and takedown” system. When a valid infringement claim is reported by a rights holder, we promptly investigate and take appropriate action. Our process is designed to be fair, efficient, and compliant with applicable laws.

2.1. Lushes’s Role as a Marketplace:

  • Facilitator, Not Adjudicator: Lushes acts as a marketplace facilitator, providing a platform for sellers and buyers. We do not adjudicate IP disputes between parties. Our role is to respond to valid infringement notices and take action as per our policy and legal obligations.
  • Information Sharing: In cases of alleged infringement, Lushes may be legally required to provide information about the allegedly infringing seller to the rights holder, as well as providing the seller with information about the complaining party.

2.2. The Notice and Takedown Process:

  1. Infringement Report (Notice):
    • A rights holder (or their authorized agent) submits a formal Intellectual Property Infringement Report to Lushes, detailing the alleged infringement (see Section 3 for reporting process).
    • The report must be complete, accurate, and contain all required information, including proof of ownership of the IP right and sufficient evidence of infringement.
    • Crucial: The rights holder must confirm, under penalty of perjury, that they have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law, and that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Lushes’s Initial Review:
    • Upon receiving an infringement report, Lushes’s IP team will conduct an initial review to verify the completeness and apparent validity of the notice. This is a procedural check, not an adjudication of the merits of the claim.
    • If the notice is incomplete or clearly invalid (e.g., missing required documentation, generic claims), Lushes may request additional information from the rights holder.
  3. Content Removal (Takedown):
    • If the infringement report is deemed complete and prima facie valid, Lushes will typically proceed to remove the allegedly infringing listing(s) from the platform without prior notice to the seller. This swift action is taken to minimize potential harm to rights holders and maintain the integrity of our marketplace.
    • The seller whose listing has been removed will receive a notification from Lushes, informing them of the takedown and the reason (IP infringement report).
  4. Seller Notification and Opportunity to Respond:
    • The seller will be provided with details of the IP infringement claim, including the nature of the alleged infringement and, where permitted by law, the contact information of the complaining party.
    • The seller will be given an opportunity to respond to the claim through a Counter-Notice process.
  5. Seller’s Counter-Notice (Response):
    • If the seller believes the infringement claim is erroneous (e.g., they own the IP, have a license, or believe it’s fair use/authorized), they can submit a formal Counter-Notice to Lushes within a specified timeframe (e.g., 7-10 business days).
    • The Counter-Notice must include compelling arguments and supporting evidence (e.g., license agreements, proof of ownership, legal opinions) to refute the infringement claim. It must also include the seller’s explicit consent to accept service of process from the complaining party.
    • Crucial: The Counter-Notice must also confirm, under penalty of perjury, that the seller has a good faith belief that the material was removed as a result of mistake or misidentification.
  6. Lushes’s Review of Counter-Notice and Reinstatement (Limited Circumstances):
    • Lushes will review the Counter-Notice for completeness and prima facie validity.
    • If the Counter-Notice is complete and appears valid, Lushes will forward it to the original complaining rights holder.
    • The rights holder then has a specified period (e.g., 10-14 business days) to initiate legal action against the seller in a court of competent jurisdiction and notify Lushes of such action.
    • If Lushes does not receive notification of legal action from the rights holder within the specified period, and if the Counter-Notice appears robust, Lushes may, at its sole discretion, restore the removed listing(s). This is a rare occurrence, as rights holders typically proceed with legal action if they believe their claim is strong.

2.3. Repeat Infringer Policy: Lushes maintains a strict Repeat Infringer Policy. Sellers who are found to repeatedly infringe the intellectual property rights of others will face severe consequences, including:

  • Progressive Penalties: Each verified infringement will lead to escalating penalties (see Section 5 of Seller Policy for general penalties), starting from warnings and potentially leading to monetary fines.
  • Permanent Account Termination: Sellers with a consistent history of IP infringement, regardless of the specific IP owner, will have their accounts permanently terminated. This means they will be permanently banned from selling on the Lushes platform.
  • No Reinstatement: Accounts terminated under the Repeat Infringer Policy are generally not eligible for reinstatement.

2.4. Limitations of Lushes’s Role:

  • Lushes will not mediate or arbitrate disputes between parties. Our involvement is limited to implementing the notice and takedown process in good faith.
  • Lushes will not provide legal advice. Rights holders and sellers are strongly encouraged to seek independent legal counsel regarding their intellectual property rights and obligations.
  • Lushes is not responsible for the content of products or listings. The ultimate responsibility for ensuring that items do not infringe on intellectual property rights lies solely with the seller.

3. Reporting Infringement: Your Guide to Protecting IP on Lushes

Lushes provides a clear and structured process for rights holders to report alleged intellectual property infringement. Prompt and accurate reporting is crucial for effective action.

3.1. Who Can Report Infringement? An Intellectual Property Infringement Report can only be submitted by:

  • The owner of the intellectual property right (e.g., the copyright holder, trademark owner).
  • An agent or representative legally authorized to act on behalf of the IP owner (e.g., legal counsel, brand protection agency).
    • Note: Generic reports from individuals or entities who cannot demonstrate direct ownership or authorized representation will not be processed.

3.2. Essential Information Required for an Infringement Report: To ensure your report is processed efficiently, it must contain all the following information. Incomplete reports may be disregarded or require further clarification, delaying action.

  1. Contact Information of the Complaining Party:
    • Full Legal Name of the Rights Holder/Company:
    • Full Legal Name of Authorized Representative (if applicable):
    • Title of Authorized Representative:
    • Physical Address (Street, City, State/Province, Postal Code, Country):
    • Email Address:
    • Telephone Number:
  2. Details of the Intellectual Property Right Allegedly Infringed:
    • For Copyright Infringement:
      • Description of the copyrighted work (e.g., “photograph of Lushes Product X,” “text of Lushes Product Y description”).
      • Evidence of copyright ownership (e.g., URL to the original copyrighted work on your official website, copyright registration number if applicable, date of first publication/creation).
      • URL(s) where the original copyrighted work can be viewed (if applicable).
    • For Trademark Infringement:
      • The exact trademark (word, phrase, logo design) being infringed upon.
      • Trademark registration number and jurisdiction (e.g., “Indian Trademark Registry No. XXXXXX”). If unregistered, provide compelling evidence of common law rights (e.g., extensive use in commerce, marketing materials, dates of first use).
      • The specific goods/services for which the trademark is registered/used.
      • URL(s) where your trademark is legitimately used.
    • For Design Right Infringement (if applicable):
      • Description of the protected design.
      • Design registration number and jurisdiction (e.g., “Indian Design Registry No. XXXXXX”).
  3. Details of the Allegedly Infringing Material on Lushes:
    • Specific URL(s) of the product listing(s) on Lushes that allegedly infringe your IP rights. (e.g., https://www.krea.com/product/xyz-listing-id). Provide individual URLs for each infringing listing.
    • A clear and concise explanation of how the material on the Lushes listing(s) infringes your intellectual property right. Be specific (e.g., “Seller ABC is using my copyrighted product photograph (URL to my original photo) without permission,” or “Seller XYZ is selling products using my registered trademark ‘BRAND NAME’ (Reg. No. XXXXXX) on unauthorized goods.”).
  4. Statement of Good Faith and Accuracy (Mandatory Legal Affirmation):
    • You must include the following statement in your report: “I hereby state that I am the owner, or an agent authorized to act on behalf of the owner, of the intellectual property rights described above. I have a good faith belief that the use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and complete.”
  5. Signature:
    • Your electronic or physical signature (if submitting a hard copy).

3.3. How to Submit an Infringement Report:

  • Preferred Method (Online Portal): Lushes strongly recommends using our dedicated online IP Infringement Reporting Portal (accessible via the Seller Help Center or a specific link we will provide). This portal is designed to capture all necessary information efficiently and ensures faster processing.
  • Email (Alternative): If the online portal is unavailable or for very complex cases, you may submit your complete report via email to:
    • IP_Claims@krea.com
    • Please use the subject line: “IP Infringement Report – [Your Brand Name/IP Type]”
  • Postal Mail (Least Preferred, Slower): For formal legal submissions, a physical copy may be sent to our registered address. However, digital submission is significantly faster.
    • Lushes Legal Department (IP Claims)
    • [Your Full Registered Address in Rewari, Haryana, India]
    • [Your Pin Code]
    • [India]

3.4. Important Considerations for Reporting:

  • Filing False Claims: Lushes takes the filing of false or misleading infringement claims very seriously. Submitting a knowingly false or materially misrepresenting infringement notification may result in legal liability for damages, including costs and legal fees, under applicable law. Lushes reserves the right to pursue such actions.
  • Confidentiality: While Lushes will protect the confidentiality of your report to the extent possible, please be aware that we may be legally required to provide details of your claim (including your contact information) to the allegedly infringing seller.
  • Legal Advice: Lushes cannot offer legal advice. If you are unsure whether your intellectual property rights have been infringed, or if you have questions about filing a report, please consult with a qualified legal professional.

4. Seller’s Responsibilities and Counter-Notice Process: Defending Against Allegations

Sellers on Lushes have crucial responsibilities regarding intellectual property. If an IP infringement claim is made against your listing, you have specific avenues to respond.

4.1. Seller’s Primary Responsibility:

  • Due Diligence: It is the seller’s sole responsibility to ensure that all products listed, content (descriptions, images, videos), and branding used on Lushes do not infringe upon the intellectual property rights (copyright, trademark, patent, design rights) of any third party.
  • Authorization/License: You must possess all necessary rights, licenses, permits, and authorizations to sell and list your products on the Lushes platform, and to use any associated IP.
  • Authenticity: You warrant that all products you list and sell on Lushes are genuine and authentic, and not counterfeit, unauthorized replicas, or products designed to circumvent IP laws.

4.2. Receiving an Infringement Notification:

  • If your listing is removed due to an IP infringement report, you will receive a notification from Lushes via your Seller Dashboard and/or email.
  • The notification will typically include:
    • The specific listing(s) removed.
    • The reason for removal (e.g., “Copyright Infringement,” “Trademark Infringement”).
    • The type of IP allegedly infringed.
    • Basic information about the complaining party (as legally permissible).
    • Instructions on how to submit a Counter-Notice.

4.3. The Counter-Notice Process (Seller’s Response): If you believe that your listing was removed in error, or that you have the right to use the IP in question (e.g., you own it, have a valid license, or it constitutes fair use), you may submit a formal Counter-Notice to Lushes within the specified timeframe (e.g., 7-10 business days from the date of takedown notification).

Essential Information Required for a Counter-Notice:

  1. Contact Information of the Seller:
    • Your Full Legal Name (as registered on Lushes):
    • Your Lushes Seller ID:
    • Your Physical Address (Street, City, State/Province, Postal Code, Country):
    • Email Address (registered with Lushes):
    • Telephone Number:
  2. Details of the Removed Material:
    • Specific URL(s) of the listing(s) that were removed from Lushes.
    • A clear identification of the specific material that was removed.
  3. Statement of Good Faith and Accuracy (Mandatory Legal Affirmation):
    • You must include the following statement in your Counter-Notice: “I hereby state, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. I also consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or if I am outside the United States, in any judicial district in which Lushes may be found), and I will accept service of process from the person who provided the initial notification or an agent of such person.”
    • Note for Indian Sellers: The consent to jurisdiction would typically refer to competent courts in India (e.g., Rewari, Haryana) unless the specific IP right holder’s jurisdiction requires otherwise for certain international legal frameworks (e.g., DMCA for US-based rights holders). This clause needs specific legal tailoring based on Lushes’s legal counsel’s advice.
  4. Explanation and Evidence (Your Defense):
    • A clear and detailed explanation of why you believe the removal was a mistake or why you have the right to use the intellectual property. This explanation must be compelling and supported by evidence. Examples of evidence include:
      • Proof of your own IP ownership: If you created the original work or own the trademark/design.
      • Valid License Agreement: A copy of a valid and current license agreement from the IP owner explicitly granting you permission to use the IP for commercial sale on platforms like Lushes.
      • Proof of Authorization: Written authorization from the IP owner.
      • Arguments for Fair Use/Fair Dealing (if applicable): A detailed legal argument explaining why your use falls under a legal exception (e.g., parody, criticism, commentary, transformative use).
      • Evidence of Mistake: If the claim was based on a factual error.
  5. Signature:
    • Your electronic or physical signature.

4.4. Submission of Counter-Notice:

  • Counter-Notices should be submitted via the Lushes Seller Portal or by email to IP_Claims@krea.com, clearly referencing the original takedown notice.

4.5. Outcome of Counter-Notice:

  • Lushes will review the Counter-Notice for completeness and forward it to the original complaining rights holder.
  • The rights holder then has a specified period (e.g., 10-14 business days) to notify Lushes that they have filed a legal action in a court of competent jurisdiction against the seller.
  • If Lushes receives such notification of legal action, the listing will remain removed, and the dispute will proceed directly between the seller and the rights holder. Lushes will not reinstate the listing until a court order or mutual agreement between the parties dictates otherwise.
  • If Lushes does not receive notification of legal action from the rights holder within the specified period, and if Lushes, at its sole discretion, deems the Counter-Notice to be legally sufficient and compelling, Lushes may consider reinstating the listing. Reinstatement is not guaranteed.

4.6. Consequences of IP Infringement for Sellers: As detailed in Section 5 of the Lushes Seller Policy (Penalties for Non-Compliance), intellectual property infringement is a serious violation. Confirmed infringements, especially repeated instances, will lead to:

  • Immediate listing removal.
  • Account warnings.
  • Monetary fines.
  • Temporary account suspension.
  • Permanent termination of the seller account.
  • Potential blacklisting from the Lushes platform.
  • Possible legal action by the rights holder, for which Lushes may provide seller information upon lawful request.

5. Intellectual Property for Lushes’s Own Assets: Our Brand Protection

Just as Lushes respects the IP of others, we also vigorously protect our own intellectual property.

  • Lushes’s Trademarks: The Lushes name, logo, domain names (e.g., krea.com), slogans, and other brand elements are trademarks owned by Lushes. Unauthorized use of Lushes’s trademarks is strictly prohibited and constitutes infringement.
  • Lushes’s Copyrights: All content on the Lushes Website (excluding seller-uploaded content, unless specifically licensed to Lushes), including text, graphics, website design, software, platform functionality, marketing materials, and internal documentation, is copyrighted property of Lushes.
  • Prohibited Use of Lushes’s IP: You may not use Lushes’s trademarks or copyrighted material without our express prior written permission. This includes, but is not limited to, using our logo on your products, marketing materials, or personal websites in a manner that suggests endorsement, affiliation, or ownership.
  • No Framing or Deep Linking: You may not frame or utilize framing techniques to enclose any Lushes trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Lushes’s name or trademarks without our express written consent.
  • Reporting Misuse of Lushes’s IP: If you become aware of any unauthorized use or infringement of Lushes’s intellectual property, please report it to us immediately at IP_Claims@krea.com.

6. General Legal Provisions Related to IP: Broader Context

  • Indemnification: Sellers agree to indemnify and hold Lushes, its affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of this IP Policy, your infringement of any IP rights of a third party, or your violation of any law or the rights of a third party.
  • Governing Law: This IP Policy, and all matters relating to intellectual property on the Lushes platform, shall be governed by and construed in accordance with the laws of India, specifically the laws applicable in the state of Haryana, without regard to its conflict of law principles.
  • Jurisdiction: Any legal action or proceeding arising out of or relating to this IP Policy or its enforcement shall be exclusively brought in the competent courts located in Rewari, Haryana, India.
  • Disclaimer of Liability: Lushes shall not be liable for any damages, losses, or costs incurred by sellers or rights holders as a result of IP infringement claims, takedowns, counter-notices, or any actions taken by Lushes in good faith pursuant to this Policy, unless directly caused by Lushes’s gross negligence or willful misconduct.

Our Unwavering Dedication to a Fair and Creative Marketplace:

Lushes is more than just a platform; it is a community built on respect for original creation. This Intellectual Property Policy is a cornerstone of that commitment. By working together, adhering to these guidelines, and respecting the rights of all creators, we can maintain an authentic, innovative, and thriving environment for Lushes’s sellers and customers alike.

We encourage all users to familiarize themselves with this Policy and to consult with legal professionals if they have specific questions about intellectual property rights.

For any specific questions or to report an infringement, please use the designated contact information below.

Contact for Intellectual Property Matters:

  • Email for IP Claims: lushessuport@gmail.com
  • Postal Mail: Lushes Legal Department Hansi gate Bhiwani, Haryana, India, 127021

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