If you believe that your resource(s) was identified for takedown in error, you can submit a counter-notice, explaining the basis for your claim. Please know that your counter-notice will be forwarded to the rights owner who sent the original takedown request. You can submit your counter-notice as a reply to our email. In order for your counter-notice to be considered complete, it must contain all of the following information.
- Identification of your material that has been removed, including a description of where the material appeared on The Tutor Resources’ website before it was removed or disabled (a URL is best);
- Statement by you that under penalty of perjury, you have a good faith belief that the material was removed as a result of a mistake or misidentification of the material in question;
- Please select an explanation for why you believe your use of the trademark is not infringing. For options A – C, you must attach the documentation relevant to your selection to this form for it to be complete.
A. You have a federal registration on that trademark.
B. You’ve received permission to use the trademark from the rights owner.
C. Your removed resource or product listing contains modifications that were previously approved by the rights owner.
D. You have a good faith belief that you have a legal basis for your use of the mark (e.g. trademark fair use). (Please provide an explanation of the legal basis for your use of the trademark).
- Your contact information, including full name, mailing address, telephone number, and email address;
- Statement by you stating that:
a. you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which The Tutor Resource is located, and
b. that you will accept service of process from the person who provided notification of the alleged infringement;
- Your electronic or physical signature.
After You Submit Your Counter-Notice
If your notice includes all of the above information, we’ll forward it to the rights owner. If the rights owner agrees with the claim in your counter-notice, we’ll go ahead and re-post your resource. If they do not agree, we will connect you directly with the rights owner so that you can come to a resolution regarding your resource. Please know that your resource(s) will remain deactivated until you’ve come to an agreement.