When a user registered on Lyst uses a company or business name, logo, or other trademark-protected materials on Lyst in a manner that may mislead or confuse others with regard to its brand or business affiliation may be considered a trademark policy violation.
How Does Lyst Respond To Reported Trademark Policy Violations?
When we receive reports of Lyst users violating trademark policy from holders of federal or international trademark registrations, we review the account and may take the following actions:
• When there is a clear intent to mislead others through the unauthorized use of a trademark, Lyst may suspend the account and notify the account holder.
• When we determine that an account appears to be confusing users, but is not purposefully passing itself off as the trademarked good or service, we give the account holder an opportunity to clear up any potential confusion. We may also release a username for the trademark holder's active use.
What Is not a Trademark Policy Violation?
Using another's trademark in a way that has nothing to do with the product or service for which the trademark was granted is not a violation of Lyst's trademark policy.
Lyst usernames are provided on a first-come, first-served basis and may not be reserved. For information on why you may not be able to select a certain username, please see our FAQ page.
Guidelines for News feed, Commentary, and Fan Accounts
Lyst users are allowed to create news feed, commentary, and fan accounts. Lyst provides a platform for its users to share and receive a wide range of ideas and content, and we greatly value and respect our users' expression. Because of these principles, we do not actively monitor users' content and will not edit or remove user content, except in cases of violations of our Terms of Service.
An account's profile information should make it clear that the account is not actually the company or business entity that is the subject of the news feed/commentary/fan account. Here are some suggestions for distinguishing your account:
• Username: The username should not be the trademarked name of the subject of the news feed, commentary, or fan account.
• Name: The profile name should not be the trademarked name of the company or include the trademarked name in a misleading manner.
• Bio: The bio should include a statement to distinguish it from the real company, such as “Unofficial Account," "Fan Account," or "Not affiliated with…"
• Background image / Avatar: The account should not use another’s trademark, logo or other copyright-protected image without express permission.
• Communication with other users: The account should not, through private or public communication with other users, try to deceive or mislead others about your identity.
Users may also choose to use different language to indicate that an account is not associated with the actual brand/company/product so long as it is clear and not confusing to others, and does not mislead or deceive. If an account is reported to be confusing, we may request that the account holder make further changes to bring the account in compliance with these best practices.
What Information is Required When Reporting Trademark Policy Violations?
In order to investigate trademark policy violations, please provide all of the following information:
Username of the reported account (e.g., @example or http://example.lyst.com); Your company name; Your company Lyst account (if there is one); Company website; Your trademarked word, symbol, etc. (e.g. Lyst); Trademark registration number; Trademark registration office (e.g., USPTO).
Note: A federal or international trademark registration number is required. If the name you are reporting is not a registered mark (e.g., a government agency or non-profit organization), please let us know: Your first and last name; Title; Address; Phone; Email (must be from company domain); Description of confusion (e.g., passing off as your company, including specific descriptions of content or behavior); Requested Action (e.g., removal of violating account or transfer of trademarked username to an existing company account).
How Do I Report a Trademark Policy Violation?
Holders of registered trademarks can report possible trademark policy violations to Lyst's Policy Team by submitting a ticket request here. Please submit trademark-related requests from your company email address and follow the format above to help expedite our response. Also be sure to clearly describe to us why the account may cause confusion with your mark or how the account may dilute or tarnish your mark.