Copyright/Trademark

Intellectual Property

Mercer Tool Corp. and its officers, directors, employees, subsidiaries and affiliates
(collectively referred to herein as “Mercer”) respects the intellectual property rights of others and is committed to helping third parties protect their rights and to complying with in full with the requirements of the Digital Millennium Copyright Act of 1998. When we receive a valid notice of potentialcopyright or trademark infringement, we promptly remove access to the allegedly infringing content from this website.
Rights holders will find information below regarding how to report copyright and other intellectual property infringements by videosand other content postedor viewable on our website, and answers to some frequently asked questions regarding our policies.
Mercer’s website may contain links to other sites and affiliates. While Mercer makes reasonable efforts to try to link only to sites that share Mercer’s high standards and respect for privacy, Mercer is not responsible for the content, security, or privacy practices employed by other sites.
Frequently Asked Questions: Copyright Infringement

What is copyright?

Copyright is a form of intellectual property law which protects original works of authorship including literary, dramatic, musical and artistic works, such as poetry, novels, movies, songs, computer software and architecture.

Ideas, facts, concepts and processes are not subject to copyright. In order to be eligible for copyright protection, a work must be both creative and fixed in a tangible medium. Videos are one example of such a tangible medium.

What is the difference between copyright and trademark?

Copyright is just one form of intellectual property. In contrast, atrademark protects brand names, mottos, logos and other mediums of communication used by others to identify producers of goods and services. Mercer offers a separate removal process for videos which violate trademark laws.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Agent. Notification of potential copyright infringement by Mercer must be submitted to the following Designated Agent:

Mercer Tool Corp.
1860 Smithtown Ave.
Ronkonkoma NY 11779
Attn: Mercer Designated Agent
Telephone Number of Designated Agent: 800-221-5202
Facsimile Number of Designated Agent:866-335-9700
E-Mail Address of Designated Agent: info@mercerabrasives.com

NOTICE REQUIREMENTS

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Frequently Asked Questions:Trademark Infringement

What is aTrademark?

Trademark law applies to the use of words, phrases, symbols, slogans and other “marks” used to identify the source or sponsorship of goods or services. The Lanham Actis the federalstatute that covers trademark law, which Act renders it unlawful for a party to use a trademark in a manner that confuses consumers about the source or sponsorship of goods or services. Creating this kind of consumer confusion is called “trademark infringement”.

What constitutes trademark infringement?

An owner of a valid trademark may sue an individual or company for trademark infringement when that individual or company uses an identical or confusingly similar mark in connection with goods or services. The Lanham Act gives the owner of a registered trademark the right to sue for infringement of that trademark.

The key to an infringement claim is a likelihood of confusion between the defendant’s use of a mark and the trademark owner’s use of its trademark.

Reporting Trademark Infringements

If you wish to submit a claim of trademark infringement to Mercer, please submit notifications of claimed copyright infringement to the following address:

Mercer Tool Corp.
1860 Smithtown Ave.
Ronkonkoma NY 11779
Attn: Mercer Designated Agent
Telephone Number of Designated Agent: 800-221-5202
Facsimile Number of Designated Agent:866-335-9700
E-Mail Address of Designated Agent: info@mercerabrasives.com

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