Filing a Counter Notice (IP claim)

In Creator Resources, Design, Protecting Designs by Luiza Jordan December 9, 2020

If you believe that removal of your content is the result of a mistake (for example, that you have authorization) or misidentification, send us a counter notice through our Counter Notice Form.

Such counter notice must provide the following information:

  1. An electronic or physical signature of the intellectual property owner or person authorized to act on behalf of the owner;
  2. A description of the content which we have removed, including the URL on which the content was located on the Spring site;
  3. Your address, telephone number, and email address;
  4. A statement by you that you consent to the jurisdiction of the Federal District Court, San Francisco County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person;
  5. A statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  6. A description of the factual and/or legal reasons why you believe that the material should not have been removed
  7. Electronic documents, links, images or URL which support your claim (i.e. trademark registration information, copyright registration information, proof of your prior use, etc.)

In order to expedite the process all counter notice claims must be submitted via our Counter-Notification Form (linked above).

If we receive your counter notice, but your work does not comply with the Spring Terms of Service, IP/Publicity Rights Policy, Acceptable Use Policy, and/or any other Spring Policy, we may inform you that we are not be able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated.

If we determine that we are able to reinstate your work, we may forward your counter notice directly to the complainant, which will include your personal contact information. At that time, the complainant may take legal court action against you in the United States. If, after 14 days, the complainant has not taken legal action against you, you may contact us to request that we reinstate your work. If your work otherwise complies with our User Agreement and IP/Publicity Rights Policy, we may reinstate your work at that time.