IP Infringement Policy

Rare Kind is a peer-to-peer marketplace for pre-loved fashion. We require every user to respect other people's intellectual property — trademarks, copyright in photographs and written content, design rights, and related rights. This page explains what to do if you believe a listing, photograph, message, or profile on Rare Kind infringes your rights, and how we handle those reports.

We operate under the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994. We take advantage of the hosting defence in the Electronic Commerce (EC Directive) Regulations 2002 — which means we remove infringing content expeditiously once properly notified. A valid notice under this policy is the fastest route to that removal.

1. What you can report

• Copyright in photographs — a listing uses a photograph you took or licensed exclusively.
• Copyright in written content — a listing copies your product descriptions, review text, or other written material.
• Trademark infringement — a listing uses your registered trademark on goods that are not genuine, or in a way that is likely to cause confusion (note: resale of a genuine trademarked item is generally permitted under the UK exhaustion doctrine; we look for counterfeits and misleading use).
• Design right infringement — a listing offers a knock-off of your registered or unregistered design.
• Passing off — a user is using your brand name or get-up in a way that misleads consumers.

Counterfeits — items passed off as a brand they aren't — are already banned under our Terms of Service. Use the buyer-facing Reportbutton if you're a buyer who thinks an item is fake; the notice process on this page is for rights- holders.

2. How to file a notice

Email ip@joinrarekind.co.uk with the following information. Incomplete notices delay our review; filing a complete notice gets us to a decision fastest.

• Your full legal name (or the legal name of the entity you represent) and contact details — postal address, email, and phone.
• If you're acting on behalf of a rights-holder, your role (in-house counsel, external solicitor, brand protection agency, authorised agent) and the name of the rights-holder.
• A clear identification of the right you're asserting — the registered trademark number, the work in which copyright subsists (plus a copy or URL of the original), or equivalent for other rights.
• A direct URL to each Rare Kind listing, profile, message, or other item of content you believe infringes your rights. One notice can cover multiple items if they share a common basis.
• A short explanation of why the content infringes (e.g. "the photograph at URL is ours, not the seller's; see our lookbook at URL for proof of prior publication").
• A statement, signed under penalty of perjury-equivalent in England and Wales, that: (a) the information in your notice is accurate; (b) you are the rights-holder or authorised to act on behalf of the rights-holder; and (c) you have a good-faith belief that the content infringes your rights and is not authorised.
• Your electronic signature (typed name is fine) and date.

If you're reporting copyright in photographs, please attach or link to a dated copy of the original photograph (with EXIF if possible). For trademarks, include the registration number or a link to the IPO / EUIPO record.

3. What we do with your notice

1. Acknowledge receipt, usually within one working day.
2. Review the notice. We may ask follow-up questions — for example to clarify which listing you mean, or to evidence the right.
3. If we're satisfied the notice is valid, we remove the content from public view and notify the user who posted it, quoting the reason and your contact name so they can reach out to you directly. We don't share your postal address unless compelled to.
4. If the notice is clearly invalid, or we need more information, we'll write back explaining why and what we need.

Misuse of this process — sending notices without a good-faith basis, or targeting legitimate resale of genuine goods — may give rise to liability under Section 253 of the Copyright, Designs and Patents Act 1988 (groundless threats) or the equivalent under the Trade Marks Act 1994. We reserve the right to stop accepting notices from senders who misuse the process and to share notices with the users who posted the content.

4. If you posted content that was removed

If we removed your content because of a notice and you believe the notice was wrong — for example, the photograph really is yours, or the item is genuine and your use of the brand name is lawful resale — you can file a counter-notice.

Email ip@joinrarekind.co.uk from the address on your Rare Kind account, including:

• The URL of the removed content.
• A short explanation of why you believe the notice was wrong — with evidence if you have it (originals of your photographs, proof of purchase of a genuine item, etc.).
• A statement that: (a) you consent to us sharing your name and contact details with the rights-holder who filed the original notice, so they can pursue the matter directly; and (b) you believe in good faith that the content was removed in error.

We'll share your counter-notice with the original rights- holder. If they don't confirm they're pursuing the matter (for example by initiating proceedings) within 14 days, we'll restore the content. If they do pursue it, the dispute continues between you and them; we stay neutral but comply with any court order.

5. Repeat infringers

We track users against whom valid IP notices have been upheld. Users with multiple upheld notices are warned, suspended, and ultimately removed from the Service in line with our Terms of Service (Section 13). The threshold is contextual — one counterfeit listing is usually enough; three unrelated photo-copyright notices is usually the warning point.

6. What this policy is not

This policy is nota legal opinion and not a substitute for legal advice. If you're a rights-holder considering proceedings, speak to a solicitor. If you're a user whose content has been removed and you think this was wrong, consider getting advice on the counter-notice route.

We're a small team at a new marketplace. We take IP seriously and will always prefer a cooperative resolution to litigation. If you're a rights-holder whose photos or brand are being persistently misused on Rare Kind, write to us and we'll set up a trusted-reporter channel that bypasses the full notice process for you.

7. Contact

ip@joinrarekind.co.uk — best channel for all IP matters.

Rare Kind is a trading name of Simpson's Ventures Ltd, registered in England and Wales (company number 17169404), registered office 61 Bridge Street, Kington, HR5 3DJ, United Kingdom.

This policy is provided for information only and does not constitute legal advice or waive any rights or defences available to Rare Kind under English law.