Trademark Policy

Demotect is committed to protecting the intellectual property of brands, businesses, and creators. You may not violate others’ intellectual property rights. We enforce this policy globally in compliance with applicable laws, including the US Lanham Act and the European Union Digital Services Act (DSA).

A trademark is a word, symbol, logo, phrase, or design that legally distinguishes the goods or services of one enterprise from those of others in the marketplace. Trademark law exists to prevent consumer confusion regarding the source, sponsorship, or affiliation of a product or service.

Copyright vs. Trademark: If your complaint involves the unauthorized distribution of a creative work (such as a photograph, video, or architectural rendering you created), please refer to our Copyright Policy. This Trademark Policy specifically addresses the unauthorized use of brand names, business identities, and logos.

Using another entity’s trademark in a manner that misleads or confuses the community about your affiliation, sponsorship, or endorsement is a direct violation of our policy.

Examples of violations include:

• Creating an account with a username, display name, and avatar that intentionally mimics an official architecture firm or brand to deceive users.
• Watermarking or labeling images, videos, or other media, including AI-generated files, with a trademarked logo belonging to a company that did not authorize the content.
• Falsely claiming official sponsorship or endorsement by a trademark holder in your post captions or bio.

Simply referencing another entity’s trademark does not automatically constitute a violation. We recognize and protect the rights of our users to engage in fair, non-deceptive uses of trademarks.

Examples of non-violations include:

• Nominative Fair Use: Using a trademarked name simply to refer to the product or company itself (e.g., "This is a photo of Demotect's corporate building").
• Parody and Commentary: Fan accounts, commentary, or parody accounts are permitted, provided it is immediately and explicitly obvious to a reasonable observer that the account is not affiliated with the trademark holder. Please review our Misleading and Deceptive Identities Rule for detailed requirements on parody accounts.
• Outside Scope of Registration: Using a trademark in a context that is entirely outside the scope of the owner's legal registration (e.g., using a trademark registered solely for "plumbing services" in a geographic region where the trademark is not protected).

To prevent abuse and comply with verification requirements under the EU DSA, Demotect only investigates trademark requests that are submitted directly by the trademark holder or their legally authorized representative (such as an attorney or official brand manager).

To ensure rapid processing and secure handling of your documentation, you must submit your claim using our dedicated web form.

Via this form, you will be required to provide:

1. Your Contact Information: Your full legal name, company name, and official corporate email address.
2. Trademark Details: The exact trademark word or symbol being claimed, the registration number(s), and the jurisdiction(s) where the trademark is legally registered.
3. Identification of Infringement: Direct URLs to the specific Demotect profile, posts, or images that allegedly infringe upon your trademark.
4. Substantiated Explanation (DSA Art. 16): A brief, substantiated description of how the reported content causes consumer confusion or illegally misleads users regarding your brand.
5. Required Declarations: Legal affirmations of your bona fide belief and authority to act on behalf of the rights owner.

If we determine that an account or post violates our Trademark Policy, we will take appropriate enforcement action to protect the community from deception. Enforcement actions may include removing the infringing posts, requiring the user to clear their bio/avatar, reclaiming the `@handle`, or permanent suspension of the account.

Depending on the severity of the violation and the user's history, enforcement actions may include:

• Removing the infringing posts or images.
• Requiring the user to clear their bio, avatar, or banner image.
• Reclaiming and reassigning the `@handle` in cases of severe brand impersonation or squatting.
• Temporary or permanent suspension of the account.

Right to Appeal: If you are a user whose content or account was restricted due to a trademark dispute, you have the right to appeal the decision. Depending on your jurisdiction (such as under Article 20 of the EU DSA), you may lodge a complaint through our internal complaint-handling system to request human review of the decision. Details on how to appeal will be included in the enforcement email sent to you.

Out-of-Court Dispute Settlement: For users in the European Union, if an appeal cannot be resolved internally, Article 21 of the DSA grants you the right to select a certified out-of-court dispute settlement body to resolve the dispute impartially.

In accordance with Article 23 of the EU DSA and our internal safety guidelines, Demotect has adopted a strict policy to protect the platform against misuse.

• Account Suspension (Repeat Infringers): If an account frequently engages in deceptive brand impersonation or receives multiple valid trademark complaints, Demotect will suspend the provision of our services to that user for a reasonable period of time, or permanently terminate the account.
• Reporter Suspension (False Flaggers): We will suspend, for a reasonable period of time, the processing of notices and complaints submitted by individuals or entities that frequently submit manifestly unfounded trademark notices. You may be held civilly and administratively liable for damages for filing fraudulent claims.