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IP Notice and Takedown Policy

Scope of This Policy

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Backyard Design GmbH operates this notice and takedown policy under Article 16 of Regulation (EU) 2022/2065 (Digital Services Act), § 19 of the German Trade Mark Act (MarkenG), § 101 of the German Copyright Act (UrhG), the UK Trade Marks Act 1994, and 17 USC § 512 (DMCA) for orders shipped to the United States.

This policy applies to allegedly infringing content uploaded by customers via our configurator and printed on a Backyard Design product. It does not apply to claims unrelated to our website or production output.

Designated Contact

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All notices should be sent to:

Email: info@backyarddesign.co.uk (monitored on business days)

Working languages: English and German.

Postal address: Backyard Design GmbH, Margarete-von-Wrangell-Straße 11, 63457 Hanau, Germany.

Required Notice Content

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To enable us to act on a notice without intensive legal or factual examination, please include the following:

a) Identification of the right being infringed (trade mark registration number, copyright work, design right, personality right, etc.).

b) Precise description of the allegedly infringing product or order (URL, product reference, order number where known, image of the printed kit).

c) The rightholder's full name, postal address, email address and electronic signature.

d) A good-faith statement that the use is not authorised by the rightholder, its agent, or the law.

e) For DMCA notices (US): a statement under penalty of perjury that the information is accurate and that the notifier is authorised to act on behalf of the rightholder.

Action Timeline

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We will acknowledge receipt of a substantiated notice within 2 business days.

We will investigate and respond within 7 business days. Where the notice is substantiated, we will cease production, cancel any open order, restrict access to the relevant uploaded asset, and notify the uploader.

Where the notice is incomplete or unclear, we will request the missing information before acting.

Disclosure of Uploader Data

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On a substantiated information request under § 19 (3) MarkenG or § 101 UrhG, or a comparable provision in the rightholder's jurisdiction, Backyard Design GmbH will respond within statutory deadlines and disclose the customer-identification data permitted by law.

Disclosure is subject to the EU General Data Protection Regulation (GDPR) and the UK GDPR. Backyard Design GmbH balances rightholder claims against the data-protection rights of the uploader on a case-by-case basis.

Repeat Infringers

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In line with Article 23 of the Digital Services Act and 17 USC § 512 (i), Backyard Design GmbH operates a repeat-infringer policy.

A customer account will be suspended after a written warning followed by three substantiated infringement notices within twelve months. In serious cases of manifest infringement, suspension may follow a single substantiated notice.

Counter-Notice

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If a customer believes content was wrongly identified as infringing, they may submit a written counter-notice within 14 days of being informed.

The counter-notice should identify the affected content, explain the legal basis for the customer's use, and provide contact details. Production will only resume on the rightholder's withdrawal of the notice or on a court order.

Bad-Faith Notices

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Notices submitted in bad faith, with knowingly false statements, or for purposes other than the protection of legitimate intellectual property rights may trigger liability under § 826 of the German Civil Code (BGB), § 4 (4) of the German Act Against Unfair Competition (UWG), and 17 USC § 512 (f) in the United States.

Backyard Design GmbH reserves the right to seek reimbursement of its costs and damages from notifiers who act in bad faith.

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41593 Winchester Rd. Temecula, CA, 92590
info@backyarddesignusa.com
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