Trademark Policy
Last updated — May 25, 2025
Orbyt respects the trademark rights of brand owners while also protecting lawful uses such as commentary, reviews, and parody. This policy describes how trademark owners can report suspected misuse and how users can respond. It complements our DMCA Policy, Community Guidelines, and Terms of Service.
1. Trademark Misuse vs. Fair Use
We consider content infringing when it is likely to confuse usersabout the source, sponsorship, or endorsement of a product, service, or account. Legitimate fair uses—including descriptive references, news reporting, critiques, comparison, and parody—are generally permitted.
2. How to Submit a Trademark Complaint
Email your notice to dmca@orbyt.social. Include all of the following:
- Your name, company, and authority to act (owner, counsel, etc.).
- Proof of trademark rights:
- Registration number and country — or
- Evidence of common-law use (e.g., dated screenshots, ads).
- URLs of each Orbyt post, comment, username, or graphic you believe is infringing.
- A short explanation of why the use is likely to confuse users and why it is not a nominative or other fair use.
- A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the trademark owner.
- Your physical or electronic signature.
Incomplete notices may be returned for clarification. We share valid complaints with the user and may forward them to public archives like Lumen.
3. Our Review Process
- Prima-facie review. We verify trademark details and evaluate likelihood of confusion.
- User notice & response window. Except in obvious cases of impersonation or spoofing, we give the user 5 business days to edit, remove, or contest the content before taking action.
- Action if needed. Possible outcomes:
- Content removal or edit requirement
- Username rename (with chance to pick a new name)
- Account suspension for clear bad-faith use or repeat offenses
4. Counter-Notice and Appeal
If your content was removed and you believe the complaint is invalid or your use is fair, reply to our removal email or write to the address above. Provide evidence of your rights or fair-use rationale. We will review and may restore the content at our discretion.
5. Username Squatting
Registering a username that matches a well-known brand without a legitimate purpose is prohibited. We typically offer one chance to rename the account before suspension or reassignment to the trademark owner.
6. Bad-Faith Claims
Knowingly submitting false or misleading complaints—or repeatedly filing complaints to harass users—may result in refusal to process future claims and possible account termination. Submitting false claims could also expose you to liability under 17 U.S.C. §512(f) or comparable laws.
7. Policy Updates
We may revise this Trademark Policy from time to time. Material changes will be posted here with a new "Last updated" date.
