If you are reporting a counterfeit item as a renter or buyer rather than as a rights holder, use the Policy on Counterfeit, Fake, and Dupe Items instead. This page is for intellectual property claims.
What is not allowed
Counterfeit items, replicas, and unauthorized copies
Photographs, video, or listing text you do not own and do not have permission to use, including brand campaign imagery, editorial photography, and other users' listing photos
Using a brand's logo, trademark, or protected design in a way that suggests authorization or affiliation you do not have
Claiming to be an authorized retailer, dealer, or stockist when you are not
Listings for items that infringe a copyright, trademark, design right, or patent
Using your own photographs of a genuine branded item you own, and naming the brand accurately, is fine.
Designated Copyright Agent
Pickle has designated an agent to receive notices of claimed copyright infringement under the Digital Millennium Copyright Act.
Copyright Agent, CEO, Pickle Poll LLC, 11 Park Place, Suite 1400, New York, NY 10007. Email: [email protected] Phone: 212 590 2512
Notices sent anywhere other than this address, including to Pickle Support or to individual employees, may not receive a response.
Reporting copyright infringement
To report content you believe infringes your copyright, send a written notice to the Copyright Agent above that includes all of the following:
Your physical or electronic signature
Identification of the copyrighted work you claim has been infringed. If you are claiming multiple works in one notice, a representative list is acceptable
Identification of the material you claim is infringing, with enough detail for us to locate it. A direct link to the listing or the content is the most useful thing you can give us
Your name, address, telephone number, and email address
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
A statement that the information in your notice is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf
Notices missing any of these elements may be incomplete and we may come back to you before acting.
Reporting trademark infringement or counterfeits
Trademark claims are not covered by the DMCA and follow a different process. Send trademark and counterfeit claims to [email protected] including:
Your name and the name of the rights holder you represent, and your authority to act for them
The trademark at issue, and its registration number and jurisdiction where applicable
A link to each listing you are reporting
What specifically is infringing. Whether the item is counterfeit, whether the imagery is unauthorized, whether the listing misrepresents authorization
Your contact details
A statement that you have a good faith belief the use is unauthorized, and that the information you have given is accurate
We move faster on trademark and counterfeit reports from rights holders who give us specifics. A notice telling us an entire brand category is infringing, without identifying individual listings, is not actionable.
What happens after we receive a notice
We review the notice for completeness
If it is complete and appears valid, we remove or disable access to the material, usually within 2 business days
We notify the lender that their content was removed, tell them why, and give them a copy of the notice including the identity of the party who submitted it
We log the removal against the lender's account for the purposes of our repeat infringer policy
Removing a listing is not a finding that the lender did anything wrong. It is what the law requires us to do when we receive a valid notice.
Counter-notification
If your content was removed and you believe it was removed by mistake, or that you have the right to use it, you can submit a counter-notification to the Copyright Agent. It must include:
Your physical or electronic signature
Identification of the material that was removed and the location where it appeared before removal
A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification
Your name, address, and telephone number
A statement that you consent to the jurisdiction of the federal district court for the district where you live, or if you are outside the United States, for any district where Pickle may be found, and that you will accept service of process from the party who submitted the original notice
Read point 5 carefully. Submitting a counter-notification means agreeing to be sued in court over this if the rights holder chooses to pursue it, and giving them your contact information. This is a real legal step, not an appeal form.
If we receive a valid counter-notification, we forward it to the party who submitted the original notice. Unless they tell us within 10 business days that they have filed a court action seeking to restrain the activity, we will restore the material in 10 to 14 business days.
Repeat infringers
Pickle terminates the accounts of repeat infringers.
We count a strike when content is removed following a valid infringement notice and either no counter-notification is submitted or the content is not restored. A strike is removed from the count if the content is restored following a counter-notification, or if the notice is retracted.
First strike: content removed, formal warning issued
Second strike: content removed, listing privileges restricted pending review of the closet
Third strike: account permanently closed
We may close an account before the third strike where the conduct is severe. Selling volume counterfeits, fabricating proof of authenticity, or building a closet primarily from infringing content are all grounds for immediate permanent closure.
We may also close an account permanently for a single instance of deliberate counterfeiting, whether or not a rights holder has submitted a notice.
False and abusive notices
Submitting a notice you know to be false is a serious matter. Under Section 512(f) of the DMCA, a party who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer and by us.
Separately, as a matter of Pickle policy, we will:
Decline to act on notices from a party with a pattern of submitting invalid claims
Restrict a party's access to this process where it is being used to interfere with legitimate resale rather than to protect rights
Notify affected lenders where we determine a notice was submitted in bad faith
If you submitted a notice in error, you can retract it by emailing the Copyright Agent from the same authorized address.
Retractions and questions
To retract a notice, or to ask a question about this process, contact the Copyright Agent above.