TEKENO | Intellectual Property Policy

Last updated: October 10, 2024

1. TEKENO Function

TEKENO is a store where third-party sellers can sell their goods directly to consumers. We are not actively involved in the listing or sale of sellers' items. Product listings on our platform are generated by independent sellers, and they are responsible for ensuring they have all necessary rights to their content.

We are committed to protecting everyone's intellectual property rights and have a strict policy against posting or selling products that infringe a trademark or third-party intellectual property rights. We strive to respond promptly by removing or disabling access to allegedly infringing material when we receive a report of intellectual property infringement that complies with this intellectual property policy and applicable laws.

2. Main types of protected intellectual property

(1) Copyright: Artistic, literary, or intellectual works, such as novels, music, films, software code, photographs, and original paintings that exist in a tangible medium, such as paper, canvas, film, or digital format. Protection is conferred at the time of the work's creation, and registration is not required in the UK or the European Union.

(2) Trademark: A registered word, phrase, design, or combination that acts as an identifier of origin and distinguishes goods or services from others. Passing off is a type of trademark infringement that involves the use of a counterfeit mark. Under the theory of passing off, the United Kingdom and the European Union recognize rights for unregistered trademarks, but the protection afforded is very limited and is usually limited to a private right of action.

(3) Patents: An invention that is new, unique, non-obvious, and usable in some type of industry.

(4) Registered designs: Protects the entire or partial appearance of a product, as long as the product is new and unique. Design registrations can protect lines, contours, shapes, textures, or ornamentation. Protection for unregistered designs is limited to the shape and arrangement of objects and can be enforced through a private right of action.

(5) Right of publicity: The right of publicity prevents unauthorized commercial use of a person's name, likeness, or other recognizable features.

TEKENO cannot remove product listings that constitute fair use (e.g., showing compatibility with other products) or that are original custom products (e.g., Titleist golf balls with a personalized “Te <3 Dad” message).

3. Parallel imports

Products sold in TEKENO stores in the United Kingdom and the European Union must be imported by the third-party content provider or with the consent of the rights holder (including consent to sell the products in the United Kingdom and the European Union). Products can be obtained from a supplier authorized by the rights holder to import or sell in the United Kingdom and the European Union (as applicable). If a rights holder challenges the sale of a parallel import, the third-party content provider must have documentation proving that the products were imported or sold with the rights holder's consent. For example, if a third-party content provider lists a book for sale on TEKENO in the United Kingdom, the book must have been acquired from a publisher or distributor in the United Kingdom or the European Economic Area. The same applies to the European Union.

4. Report violation

(1) If you are the owner of intellectual property rights, or if you are authorized to act on behalf of a rights holder, you may report alleged infringements to us by sending an email to info@tekeno.com .

(2) We will promptly investigate any product or content postings upon receiving a report. Please note that any report submitted to TEKENO must be sworn under penalty of perjury, must be made in good faith, and must accurately identify the content that infringes valid and applicable intellectual property rights.

(3) Provide the following information when reporting suspected violations:

• A) Contact information of rights holders;
• b) Evidence of infringement (e.g., specific product listing URLs); and
• c) If you report an infringement of a trademark, patent, or registered design, please provide valid registration certificates; or
• d) If a copyright infringement or right of publicity violation is reported, please provide evidence of the infringed rights, such as a copy or link to the original work, or a photograph of the copyright holder's image or likeness.

Please note that if you lied about the material's copyright infringement, you may be liable for damages. Therefore, if you are unsure whether the material infringes your rights, consult with legal counsel before notifying us.

(4) Following notice of copyright infringement, TEKENO will take the following measures:

• a) Remove or disable access to the infringing material; and
• b) Notify the third-party content provider accused of the infringement that TEKENO has removed or disabled access to the corresponding material.

5. Counter-notification from the third-party content provider

(1) If the third-party content provider believes that the material that was removed (or to which access was disabled) is not infringing, is mistakenly identified, or is properly authorized, the third-party content provider may send a counter-notice to TEKENO containing the following information:

• a) A clear statement explaining why the third-party content provider believes a mistake, misidentification, or error was made; and
• b) Invoices, licenses, distribution agreements, or point-of-sale receipts demonstrating authenticity or authorization (not an email) to sell the allegedly infringing products.

(2) If TEKENO receives a counter-notification, it will re-evaluate the infringement notice and the third-party content may be reinstated. All such actions will be taken without any admission of liability and without prejudice to any rights, actions or defenses that TEKENO may have, all of which are expressly reserved.

6. Information of the designated agent to receive notifications

• Attention: Intellectual Property Officer, Whaleco Inc
• Office Address: 237 S Dixie Hwy, 4th Fl, Ste 111, Coral Gables, FL 33133
• Phone: +1 (786) 309-6026
• Email: info@tekeno.com

7. Remove the notice

The intellectual property owner or authorized agent who reported the infringement may withdraw the notice of infringement by emailing info@tekeno.com . The takedown request must clearly identify who submitted the report and include contact information for the complaining party, the intellectual property right previously claimed to have been infringed, and the material cited in the original complaint.

8. Repeat Offender Policy

We terminate access to our services for repeat intellectual property infringers in appropriate circumstances and at our discretion. These actions apply to any account we believe is associated with or operated by a repeat infringer.