Revised as of April 28, 2016
eMinor Inc. d/b/a ReverbNation (together with its affiliates, successors, and assigns, hereinafter referred to as “OUR”, “WE”, or “US”) have adopted this Trademark Policy and Trademark Infringement Notification Process (the “Trademark Policy”) to address trademark infringement complaints from site users and third parties
We respect the intellectual property rights of our users and others. This Trademark Policy applies to the website www.reverbnation.com (the “Site”) to address claims of infringement pertaining to trademarks owned or controlled by Site users or third parties
A trademark is a word, slogan, symbol or design (such as a brand name or a logo) that identifies and distinguishes the products or services offered by one party from those offered by others. Generally, trademark law seeks to prevent confusion among consumers about the source of products or services. The owner of a trademark may be able to prevent others from using its trademark (or a similar trademark) in a manner that would confuse people into thinking either that there is a relationship between the trademark owner and the unauthorized user or that the trademark owner endorses the unauthorized user’s products or services.
The owner of a trademark may obtain rights through registration with a recognized trademark office. In certain countries and under certain circumstances, rights in an unregistered trademark may be created through actual use of the trademark in commerce. Please note, merely registering with or obtaining a business permit from a government entity may not by itself create trademark rights.
For more information about trademarks, or to find out about registration of trademarks in the United States, please visit the United States Patent and Trademark Office's website. For a list of potentially applicable trademark offices in other countries, please consult the World Intellectual Property Organization's trademark directory.
Use of another user’s, or third party’s, registered standard character trademark, company or business name, or logo in a manner that may mislead or confuse others with regard to its brand or business affiliation may be considered a Trademark Policy violation.
Using another's trademark in a way that has nothing to do with the product or service for which the trademark was granted is not a violation of the Trademark Policy. We are also unable to arbitrate trademark disputes between parties where one party claims rights to a word incorporated into a stylized design mark, and where that word is used by another user in a band name.
ReverbNation usernames are provided on a first-come, first-served basis and may not be reserved. Unfortunately, if your standard character trademark is not registered with a recognized trademark office and another Site user is using the same, or a similar name, that use is not a violation of the Trademark Policy.
When we receive valid reports of Trademark Policy violations from holders of federal or international standard character trademark registrations, we review the reported user account and may take any of the following actions:
ReverbNation provides a platform for its users to share and receive a wide range of content, and we greatly value and respect our users' expression. Because of these principles, we do not actively monitor Site users' content and will not edit or remove user content, except in cases of violations of our General Terms and Conditions, Copyright Policy, Trademark Policy, or Abuse Policy.
ReverbNation users are allowed to create fan accounts. However fan accounts should not incorporate any trademark belonging to any third party.
Accounts impersonating another artist, Site user, company or service are strictly prohibited and will be removed without notice to the infringing account. Accounts which use a deceased artist’s name are also prohibited and will be removed without notice.
Cover Bands and Tribute Bands are permitted to create user accounts. However, the profile name and/or user name should not be the trademarked name of any third party and may not include a trademarked name in a misleading manner.
A Cover Band or Tribute Band’s user profile information should make it clear that the account is not actually the artist that is the subject of the Cover Band/Tribute Band account. Here are some suggestions for distinguishing such an account:
Users may also choose to use different language to indicate that an account is not associated with the actual artist/user/brand/company so long as it is clear and not confusing to others, and does not mislead or deceive
If an account is reported to be confusing, we may request that the account holder make further changes to bring the account in compliance with these best practices.
Submitting a claim of trademark infringement is a serious matter with potential legal consequences.
Before you submit a claim of trademark infringement to us, you should reach out to the individual posting the content. You may be able to resolve the issue simply by bringing it to their attention.
If you wish to submit a claim of trademark infringement to us, you can do so via this Form. If you are unsure whether the content you are reporting is infringing your legal rights, you may wish to seek legal guidance. We cannot offer advice to you regarding your trademark claim, trademark validity, or trademark rights. If you choose to submit a report, you must include all elements of a complete trademark claim, and must include a link to the allegedly infringing content.
In order to investigate Trademark Policy violations, your Trademark Infringement Notice must contain all of the following information:
When submitting a Trademark Infringement Notice, you must declare under penalty of perjury that all of the information contained in the notice is accurate and that the use of your intellectual property described in the notice, in the manner you have complained of, is not authorized by the rights owner, its agent, or the law.
Completed Trademark Infringement Notices may be sent via email, U.S. Mail, or facsimile to:
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