Intellectual Property Policy
Effective Date: June 5, 2019
Website: www.scrunchiegirls.com
Email: info@scrunchiegirls.com
Purpose Scrunchie Girls Inc. is committed to protecting its intellectual property worldwide, including its products, designs, logos, images, branding, and other proprietary materials.
This policy outlines the legal protections in place and the consequences of unauthorized use, reproduction, or distribution of our intellectual property.
By accessing our website or purchasing our products, you agree to comply with this policy, including its enforceability in Canada and all countries and regions where our products are sold or marketed.
Strict Enforcement Statement Any unauthorized use, reproduction, distribution, or replication of Scrunchie Girls Inc.’s intellectual property is strictly prohibited. Violators will face severe legal consequences, including penalties, compensatory damages, and legal fees.
Scrunchie Girls Inc. reserves the right to take immediate legal action against any individual, business, or entity found infringing on our intellectual property rights. Unauthorized use of our intellectual property will be vigorously prosecuted to the fullest extent of the law, both domestically and internationally.
Reservation of Rights Scrunchie Girls Inc. reserves all rights not expressly granted in this policy. No part of Scrunchie Girls Inc.’s intellectual property may be used, copied, reproduced, or distributed without explicit written permission.
Failure to enforce any part of this policy does not constitute a waiver of any rights.
No Waiver Clause The failure of Scrunchie Girls Inc. to enforce any provision of this policy shall not be deemed a waiver of the right to enforce that or any other provision.
Any decision to refrain from enforcement in specific cases does not limit Scrunchie Girls Inc.’s ability to enforce its rights in the future.
Protected Intellectual Property The following are the exclusive property of Scrunchie Girls Inc. and are protected under intellectual property laws globally:
1.Products and Designs:
- All handmade scrunchies, including unique designs, decorative attachments, and patterns, are original creations of Scrunchie Girls Inc.
- Design patterns, color combinations, and artistic elements are protected under copyright and trademark laws.
2.Logos and Branding:
- The Scrunchie Girls Inc. name, logo, and any associated trademarks are the sole property of Scrunchie Girls Inc.
- The visual identity, brand colors, typography, and layout elements are exclusively owned and legally protected.
3.Website Content:
- All content on www.scrunchiegirls.com, including product descriptions, photographs, graphics, and text, is proprietary and protected by copyright laws.
- Any scraping or automated collection of website data is strictly prohibited.
4.Images and Media:
- Product images, marketing materials, and all other visual media created by Scrunchie Girls Inc. are copyrighted.
- Use of any media without express written permission constitutes copyright infringement.
5.Registered Trademarks and Designs:
- All logos, branding elements, and product designs are officially registered and protected under applicable intellectual property laws
6.Confidential Information and Trade Secrets:
- Any proprietary information, methods, processes, or trade secrets related to Scrunchie Girls Inc.’s operations are strictly confidential and protected under applicable laws.
- Unauthorized disclosure or dissemination of confidential information will result in legal action.
Prohibited Activities The following activities are strictly prohibited and will result in immediate legal action:
1.Copying or Reproducing Products:
- Creating, manufacturing, or selling products identical or substantially similar to those sold by Scrunchie Girls Inc. without explicit written permission.
2.Using Logos or Branding:
- Unauthorized use of the Scrunchie Girls Inc. logo, name, or branding for any purpose, including advertising, marketing, or product packaging.
3.Replicating Website Content:
- Copying, reproducing, or redistributing content from www.scrunchiegirls.com without explicit written consent.
4.Misrepresentation:
- Using Scrunchie Girls Inc. intellectual property in a way that misrepresents affiliation, sponsorship, or endorsement.
5.Creating Counterfeit Products:
- Producing counterfeit versions of Scrunchie Girls Inc. products or designs for sale, distribution, or personal use.
6.License and Permission Clause:
- No license or permission to use any intellectual property belonging to Scrunchie Girls Inc. is granted unless explicitly stated in writing by the company.
7.Prohibited Activities The following activities are strictly prohibited and will result in immediate legal action:
8.Copying or Reproducing Products:
- Creating, manufacturing, or selling products identical or substantially similar to those sold by Scrunchie Girls Inc. without explicit written permission.
- Any modification, adaptation, or alteration of Scrunchie Girls Inc. products is strictly prohibited.
9.Using Logos or Branding:
- Unauthorized use of the Scrunchie Girls Inc. logo, name, or branding for any purpose, including advertising, marketing, or product packaging.
- Any imitation or reproduction of branding elements is strictly forbidden.
10.Replicating Website Content:
- Copying, reproducing, or redistributing content from www.scrunchiegirls.com
without explicit written consent.
- Reposting or publishing content from our website on third-party platforms is prohibited.
11.Misrepresentation:
- Using Scrunchie Girls Inc. intellectual property in a way that misrepresents affiliation, sponsorship, or endorsement.
12.Creating Counterfeit Products:
- Producing counterfeit versions of Scrunchie Girls Inc. products or designs for sale, distribution, or personal use.
- Sale of imitations or replicas under misleading names is strictly prohibited.
13.Unauthorized Use on Social Media:
- Posting, sharing, or distributing Scrunchie Girls Inc. branding, logos, images, or product designs on social media without prior written consent.
14.License and Permission Clause:
- No license or permission to use any intellectual property belonging to Scrunchie Girls Inc. is granted unless explicitly stated in writing by the company.
Penalties and Legal Consequences
1.Legal Action:
- Any unauthorized use, reproduction, or distribution of Scrunchie Girls Inc.’s intellectual property is illegal and will result in legal action.
- Violators may be subject to civil penalties, including substantial monetary damages, legal fees, and court injunctions.
2.Financial Penalties:
- Infringers will be liable for compensatory damages, including but not limited to loss of revenue, reputational harm, and punitive damages as deemed appropriate by the court.
- Scrunchie Girls Inc. reserves the right to seek exemplary damages in cases of willful and malicious infringement.
3.Criminal Prosecution:
- In cases of willful infringement, violators may face criminal prosecution under applicable laws in Canada, China, India, and other jurisdictions.
4.Cease and Desist Orders:
- Scrunchie Girls Inc. will issue formal cease-and-desist orders to individuals or entities engaging in unauthorized use of its intellectual property.
5.Right to Seek Damages:
- Scrunchie Girls Inc. reserves the right to seek damages for any financial loss, reputational harm, or business disruption resulting from infringement.
6.Recovery of Legal Costs:
- In addition to damages, Scrunchie Girls Inc. reserves the right to recover all legal fees and associated costs from violators.
Legal Protections by Region North America
- Canada:
- Copyright Act and Trademarks Act protect all original works, branding, and trademarks.
- United States:
- Copyright Act (Title 17, U.S. Code) and Lanham Act protect copyrights, logos, and branding.
Europe
- European Union:
- General Product Safety Directive and Berne Convention protect intellectual property and enforce penalties for infringement.
- United Kingdom:
- UK Copyright, Designs and Patents Act protects designs, logos, and branding.
Asia
- China:
- Copyright Law of the People’s Republic of China and Trademark Law ensure copyright and trademark protection.
- India:
- Copyright Act, 1957, Trademarks Act, 1999, and Designs Act, 2000 provide robust intellectual property rights.
Australia & New Zealand
- Australia:
- Copyright Act 1968 and Trade Marks Act 1995 protect products and designs.
- New Zealand:
- Copyright Act 1994 protects all original works, including designs and branding.
Middle East & Africa
- United Arab Emirates (UAE):
- Conforms to GCC Intellectual Property Law and protects trademarks and designs.
- Saudi Arabia:
- Enforces Intellectual Property Rights Law for copyright, trademark, and design protection.
- South Africa:
- Copyright Act 1978 and Trademarks Act protect intellectual property.
Latin America
- Brazil:
- Enforces the Industrial Property Law and Copyright Law for product and design protection.
- Mexico:
- Federal Copyright Law protects all proprietary materials and trademarks.
International Agreements
- Berne Convention for the Protection of Literary and Artistic Works: Provides global copyright protection.
- Madrid Protocol: Secures international trademark protection, including Scrunchie Girls Inc.’s logo and branding.
Reporting Infringement If you suspect that Scrunchie Girls Inc.’s intellectual property is being infringed upon, please contact us immediately at info@scrunchiegirls.com.
Provide detailed information about the alleged infringement, including:
- Name and contact information of the infringing party (if known).
- Location or website where the infringement occurred.
- Description of the unauthorized use.
Enforcement Jurisdiction Legal proceedings for violations of this policy will primarily be conducted in Ontario, Canada, where Scrunchie Girls Inc. is based.
However, Scrunchie Girls Inc. reserves the right to pursue legal action in any country where infringement occurs, including but not limited to Canada, the United States, the European Union, the United Kingdom, China, India, the United Arab Emirates, South Africa, Brazil, Mexico, Australia, New Zealand, and any other jurisdiction where our intellectual property rights are violated.
Scrunchie Girls Inc. will take necessary legal action to protect its intellectual property globally and to seek maximum penalties and compensation as permitted by applicable laws.
However, Scrunchie Girls Inc. reserves the right to pursue legal action in other countries, including China, India, the United Arab Emirates, South Africa, the United Kingdom, and the United States, as necessary to enforce this policy and protect its intellectual property rights in international markets.
For questions or concerns, please contact us at info@scrunchiegirls.com