Copyright And Trademark Infringement Notification

CarbonX respects and protects the intellectual property rights of copyright and trademark owners, as outlined in this Policy. This Policy is incorporated by reference into the CarbonX User Agreement (the “Agreement”). Unless otherwise defined herein, all capitalized terms have the meanings assigned to them in the Agreement or related CarbonX legal documents.

Written By CarbonX Registry

Last updated 4 months ago

Purpose and Scope

This Policy sets forth the procedures for reporting alleged copyright or trademark infringements involving materials available through CarbonX products and services.
It explains how rights holders can notify CarbonX of potential violations, and how CarbonX responds in compliance with applicable law.

Copyright and Rights Holder Notification

CarbonX respects and protects the intellectual property rights of creators and rights holders. Copyright infringement is strictly prohibited across all CarbonX cloud products, services, and websites (collectively, “Our Services”).

When CarbonX receives a valid and accurate notice indicating that a user’s data or content infringes another party’s copyright, the infringing material will be promptly removed or access to it will be disabled in accordance with applicable law. CarbonX maintains a zero-tolerance approach to copyright infringement and enforces the following measures:

  • Repeat Infringers — Accounts of users who repeatedly violate copyright laws may be suspended or permanently terminated.

  • First-Time Violations — CarbonX reserves the right, at its sole discretion, to restrict or terminate a user’s account without prior notice following a single verified infringement.

  • User Responsibility — By using Our Services, users agree to comply with this Copyright Policy and to act in accordance with the Law on Intellectual and Artistic Works No. 5846.

If you believe that any content hosted on Our Services infringes your copyright, you must notify CarbonX’s Copyright Representative in writing, in compliance with the Law on Intellectual and Artistic Works No. 5846.

You may submit your complaint by completing the online Copyright Infringement Form, available at the link provided on our official website.
Your notice must include all information required under the applicable law to ensure that it can be properly assessed. Upon receiving a complete and valid notification:

  • CarbonX will review the claim and remove or restrict access to the allegedly infringing content.

  • The alleged infringer will be informed that a copyright complaint has been filed, including:

    • The identity of the rights holder or their authorized representative, and

    • The basis for the claim and the content removal action taken.

By submitting a copyright notice, you consent to CarbonX disclosing your identifying information (including name, contact details, and the description of your claimed rights) to the alleged infringer, as required by law.

If you do not consent to this disclosure, CarbonX will not be able to evaluate or process your notification.

Counter-Notification Requirements

If your content was removed following a copyright complaint, you may submit a counter-notification. Upon receipt of a complete and valid counter-notification, CarbonX will notify the rights holder. If the rights holder does not initiate legal action within 15 (fifteen) days, CarbonX may restore the content, consistent with applicable law.

How to submit:
Email legal@carbonx.credit with the subject line: Counter-Notification.

Your counter-notification must include all of the following:

  1. Your signature — electronic is acceptable (type your full legal name).

  2. Identification of the removed content — a clear description and, where possible, the exact URLs that were removed or disabled.

  3. Your contact details — full name, postal address, phone number, and email address.

  4. Good-faith statement — a statement that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.

  5. Accuracy and authority statement — a statement that the information provided is accurate and that you are the owner of the content or authorized to act on the owner’s behalf.

  6. Consent to disclosure — acknowledgment that CarbonX will share your counter-notification (including your contact details) with the complaining party.

  7. Jurisdiction and service — a statement that you consent to the jurisdiction of the competent courts and agree to accept service of process from the complaining party.

Processing and reinstatement

  • CarbonX will forward your counter-notification to the rights holder.

  • If the rights holder does not file suit within 15 days of our notice, CarbonX may reinstate the content, where legally permitted.

  • If legal action is filed, the content will remain disabled unless and until there is a resolution allowing restoration.

Usernames and impersonation
CarbonX may reclaim usernames on behalf of businesses or individuals with valid legal claims. Accounts that impersonate or misuse business names or logos to mislead others may be permanently suspended under our Acceptable Use Policy and Brand/Impersonation rules.

Trademark and Rights Holder Notification

CarbonX respects the trademark and intellectual property rights of all brand owners and organizations. If you believe that your trademark rights have been infringed through content or materials available on our cloud products or websites (“Our Services”), you may submit a Trademark Infringement Notification for review.

1. Initial Steps and Direct Resolution

Before submitting a formal complaint, trademark owners are strongly encouraged to contact the alleged infringer directly to seek resolution. In many cases, disputes can be resolved more efficiently through direct communication without the need for platform intervention.

CarbonX is not a judicial authority and is not positioned to resolve complex trademark disputes involving questions of ownership, similarity, or scope of rights.
If your claim involves detailed factual or legal analysis, we recommend pursuing a resolution directly with the third party or through the appropriate legal channels.

2. Scope of Evaluation

CarbonX reviews clear and verifiable claims of trademark infringement — specifically, cases where an identical trademark is used without authorization in a manner that may cause confusion.

Once a valid trademark registration certificate and all required documentation are submitted, CarbonX will conduct a preliminary review and take appropriate measures, which may include the removal or restriction of the infringing material.
If additional information is needed, we will contact you via email.

Please note that we cannot process claims requiring detailed technical evaluation or legal proceedings. Such matters should be resolved by competent courts.
If you obtain a provisional injunction or final judgment in your favor, you may forward the court decision to legal@carbonx.credit for prompt compliance and enforcement.

3. Submission and Required Information

To submit a trademark infringement notification, please provide:

  • The trademark owner’s full name, company (if applicable), and contact details (email, phone, and address).

  • A copy of your valid trademark registration certificate or equivalent proof of ownership.

  • A description of the infringing content, including its location (e.g., URLs or screenshots).

  • A statement of good faith belief that the disputed use is unauthorized and infringes your rights.

  • A statement confirming the accuracy of the information provided and your authorization to act on behalf of the rights holder.

  • Your signature (electronic signature is acceptable).

Submit all materials to legal@carbonx.credit with the subject line: Trademark Infringement Notification.

4. Notification to the Alleged Infringer

If CarbonX takes action based on your infringement claim:

  • The alleged infringer will be notified of the claim, including:

    • The identity of the rights holder or their authorized representative, and

    • The basis of the infringement allegation.

  • By submitting a notification, you consent to the sharing of your personal data (such as your name, contact details, and claim description) with the alleged infringer.

  • If you do not consent to this disclosure, CarbonX will not be able to evaluate or process your claim.

Counter-Notification Requirements (Trademarks)

If your content was removed following a trademark complaint, you may submit a counter-notification. Upon receipt of a complete and valid counter-notification, CarbonX will notify the trademark owner. If the trademark owner does not initiate legal action within 15 (fifteen) days, CarbonX may restore the content, consistent with applicable law.

How to submit
Email legal@carbonx.credit with the subject line: Trademark Counter-Notification.

Your counter-notification must include all of the following:

  1. Your signature — electronic is acceptable (type your full legal name).

  2. Identification of the removed material — a clear description of the content and, where possible, the exact URLs that were removed or disabled.

  3. Evidence of your rights to use the mark — for example:

    • Your own trademark registration certificate, or

    • A license/authorization from the trademark owner, or

    • A brief explanation of another lawful basis (e.g., descriptive use, nominative fair use, or comparative reference).

  4. Your contact details — full name, postal address, phone number, and email address.

  5. Good-faith statement — that you have a good-faith belief the material was removed or disabled due to mistake or misidentification of infringement.

  6. Accuracy and authority statement — that the information provided is accurate and that you are the owner of the content or authorized to act on the owner’s behalf.

  7. Consent to disclosure — acknowledgment that CarbonX will share your counter-notification (including your contact details and supporting materials) with the complaining party.

  8. Jurisdiction and service — a statement that you consent to the jurisdiction of the competent courts and agree to accept service of process from the complaining party.

Processing and reinstatement

  • CarbonX will forward your counter-notification to the trademark owner.

  • If the trademark owner does not file suit within 15 days of our notice, CarbonX may reinstate the content, where legally permitted.

  • If legal action is filed, the content will remain disabled unless and until there is a resolution allowing restoration.

Applicable Law, Jurisdiction, and Venue

This Agreement and any dispute, claim, or controversy arising out of or relating to it — including its existence, validity, interpretation, performance, or termination — shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.

All disputes arising from or in connection with this Agreement shall be finally resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre, as in force on the date of commencement of the arbitration.

  • The seat of arbitration shall be Zurich, Switzerland.

  • The language of arbitration shall be English.

  • The dispute shall be decided by a sole arbitrator appointed in accordance with the Swiss Rules.

  • The substantive law of Switzerland shall apply to the merits of the dispute.

This Agreement shall remain valid, binding, and enforceable notwithstanding any conflicting provisions of law or the invalidity of any specific clause.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.