IP Dispute Resolution Mechanism
The App Fair is committed to respecting and protecting intellectual property rights. We provide a mechanism for developers, users, Apple, and other parties to notify us of IP disputes related to the App Fair marketplace and/or iOS apps distributed through our platform. This page describes how to submit an IP dispute and how we handle such disputes.
1. Submitting an IP Dispute
To notify us of an IP dispute, please send an email to ip-dispute@appfair.org with the subject line “IP Dispute Notification.” Your email should include the following information:
- Your name and contact information, including your address, telephone number, and email address.
- A description of the intellectual property right you claim has been infringed (e.g., copyright, trademark, patent).
- A description of the infringing material and its location within the App Fair marketplace or the iOS app in question.
- A statement that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the owner’s behalf. Your physical or electronic signature.
2. IP Dispute Handling Process
Upon receiving an IP dispute notification, we will take the following steps:
2.1 Initial Review
Our team will review the IP dispute notification to determine its validity and assess the alleged infringement.
2.2 Developer Notification
If we find the IP dispute to be valid, we will notify the app developer and provide them with the relevant details of the dispute. The developer will have an opportunity to respond to the allegations and provide any necessary documentation or evidence to support their position.
2.3 Temporary Removal
In some cases, we may temporarily remove the disputed app or content from the App Fair marketplace pending the resolution of the IP dispute.
2.4 Mediation and Resolution
We encourage the parties involved in an IP dispute to work together to reach a mutually agreeable resolution. If necessary, we may facilitate mediation between the parties or provide resources to help resolve the dispute.
2.5 Permanent Removal
If the IP dispute is not resolved in favor of the app developer, we may permanently remove the infringing app or content from the App Fair marketplace.
3. Counter-Notifications
If an app developer believes that their app or content was removed due to a mistake or misidentification, they may submit a counter-notification to ip-dispute@appfair.org. The counter-notification should include:
- The developer’s name, address, telephone number, and email address.
- A description of the removed app or content and its location within the App Fair marketplace before removal.
- A statement, under penalty of perjury, that the developer has a good faith belief that the app or content was removed or disabled as a result of a mistake or misidentification.
- A statement that the developer consents to the jurisdiction of the federal district court for the judicial district in which their address is located or, if outside the United States, any judicial district in which the App Fair is located.
- A statement that the developer will accept service of process from the party who submitted the IP dispute notification or their agent.
- The developer’s physical or electronic signature.
- Upon receiving a valid counter-notification, we will forward it to the party who submitted the IP dispute and inform them that the removed app or content may be reinstated within 10-14 business days, unless we receive notice that a legal action has been filed against the developer.
By providing a mechanism for reporting and resolving IP disputes, we strive to maintain a marketplace that respects and protects intellectual property rights. If you have any questions or concerns about our IP dispute resolution process, please feel free to contact us at ip-dispute@appfair.org.
Last updated: March 28, 2024