Our Terms of Service prohibit using the Ning platform in a manner that infringes, violates or misappropriates any intellectual property right, including license and trademark rights. The purpose of this document is to help explain the requirements and process by which Ning handles trademark disputes. If we receive a valid and complete notice of alleged trademark infringement (see below for the notice requirements), we will expeditiously forward the notice to the Ning Creator of the social website on which the infringement allegedly takes place. The Ning Creator will then have a defined period of time to respond. If you inform us that the Ning Creator has not acted in the time allotted, we will expeditiously remove the allegedly infringing material identified in your notice.
Please note that submitting a notice of alleged trademark infringement is a serious matter and involves a specific process, so please only do so if you have a good faith belief that your trademark is being infringed upon. A trademark may be infringed upon when the mark is used in a confusingly similar manner. A trademark does not give you the sole and exclusive right to use that mark in any context. For example, the use of the words of a mark in a way that doesn’t have anything to do with the product or service for which the trademark is registered may not be considered trademark infringement. We aren’t in a position to provide legal advice, so please consult your own legal counsel or you may wish to refer to the following trademark law resources for informational purposes:
- The Publishing Law Center – Trademark FAQ
- Chilling Effects Clearinghouse – Trademark FAQ
- Nolo – Trademark Law
- United States Patent and Trademark Office – FAQ
We strongly encourage you to reach out to the Ning Creator of the social website before you submit a notice of alleged trademark infringement. Often times, intellectual property holders resolve issues more quickly and easily by communicating with the Ning Creator directly. If that is unsuccessful or you’d prefer to submit a notice of alleged trademark infringement to Ning directly, please email the following information to abuse [at] ning [dot] com with “Trademark Infringement” as the subject line:
- Your full legal name, mailing address and telephone number
- Your company name and website, if applicable
- Identification of the trademark claimed to have been infringed, registration number of the trademark and entity with which it’s registered (e.g., the United States Patent and Trademark Office)
- Identification of the material claimed to be infringing and information sufficient to permit Ning to locate the material, such as the specific URLs to where the trademark appears
- The category of products or services associated with the trademark and a detailed description of how the material infringes on the trademark
- A statement that the complaining party has a good faith belief that use of the trademark in the manner complained of is an infringement of the rights granted under United States and/or foreign trademark law
- A statement that the information in the letter is accurate, and under penalty of perjury, that the complaining party is the owner of the allegedly infringed trademark (or is authorized to act on behalf of such owner)
- A physical or electronic signature of the owner or authorized person of the trademark that is allegedly infringed
Please note that Ning will send a copy of notices of alleged trademark infringement to the Ning Creator of the social website on which the material appears. Additionally, please note that Ning may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects for publication.