DMCA & IP Policy
How to report infringement, how to dispute a removal, and how we handle repeat infringers.
1. Our position
In short: Best Tailgate is for original tailgate branding. We remove infringing material when properly notified, we let you dispute a removal, and we terminate repeat infringers.
Best Tailgate respects intellectual property rights. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, and we handle trademark complaints through the same intake.
We do not permit team logos, team or league names, university marks, mascots, or any third-party trademarked or copyrighted material on products sold through the Service. Every person who uploads artwork certifies that they own it or hold the rights to it, and we keep a record of that certification.
2. The fastest way to report
For most complaints, the fastest route is our IP report form. It reaches our enforcement queue directly and is the quickest way to get infringing material taken down.
If you want to submit a formal DMCA notice that meets the statutory requirements, follow section 4 and send it to our designated agent below.
3. Designated Copyright Agent
Notices of claimed copyright infringement must be sent to our designated agent:
Copyright Agent, Best Tailgate LLC
Email: dmca@besttailgate.com
Mail: 14734 SE Badger Creek Rd, Happy Valley, OR 97086
Notices sent anywhere else may be delayed. Please do not send unrelated legal or support inquiries to the copyright agent — use support@besttailgate.com.
4. How to file a DMCA takedown notice
In short: Your notice must contain all six items below. If something is missing, we may not be able to act on it — and we may not be able to treat it as a valid notice under the law.
To be effective under 17 U.S.C. § 512(c)(3), your written notice must include all six of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed — or, if multiple works at a single site are covered by one notice, a representative list of those 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, with information reasonably sufficient to let us locate it — for example, the product URL, the tailgate page URL, and the product name.
- Information reasonably sufficient to let us contact you — your name, address, telephone number, and email address.
- A statement that you have 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.
- A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send the notice to the designated agent in section 3.
5. What happens after we receive a valid notice
- We remove or disable access to the material expeditiously.
- We notify the user who posted it, and provide them a copy of your notice — including your name and contact information, which U.S. copyright law contemplates.
- We record a strike in our internal enforcement log against that user's account. A member of our team then reviews it under our repeat-infringer policy (section 8) — enforcement is carried out by hand, not automatically.
- We tell the user they may submit a counter-notice (section 6).
If a product is removed, any pending orders for it may be cancelled and refunded.
6. How to file a counter-notice
In short: If your material was removed and you believe that was a mistake or a misidentification, you can dispute it. Filing a counter-notice means agreeing to be sued in federal court over the dispute — read carefully.
If you are the user whose material was removed, you may send a written counter-notice to the designated agent in section 3 (dmca@besttailgate.com). We review counter-notices by hand. To be effective under 17 U.S.C. § 512(g)(3), it must include all four of the following:
- Your physical or electronic signature.
- Identification of the material that was removed or disabled and the location at which it appeared before it was removed or disabled.
- A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification of the material.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which Best Tailgate may be found), and that you will accept service of process from the person who filed the notice or their agent.
What happens next. We forward your counter-notice to the person who filed the original notice. If they do not notify us within 10 business days that they have filed a court action seeking to restrain you from the infringing activity, we may restore the material in 10 to 14 business days after receiving your counter-notice.
7. Trademark complaints
Trademark complaints — including complaints about team names, league marks, university marks, mascots, and logos — use the same intake: the IP report form or dmca@besttailgate.com.
A trademark complaint is not a DMCA notice, and the DMCA counter-notice process in section 6 does not apply to it. Please include:
- the mark, its registration number if registered, and the goods or services it covers;
- your relationship to the mark owner and your authority to act;
- the specific product or page you are complaining about and how it infringes or is likely to cause confusion;
- your contact information;
- a statement that you have a good-faith belief the use is not authorized.
We evaluate trademark complaints and remove material that violates our rules or the rights of the mark owner. Because our policy already prohibits third-party marks on products, most valid complaints result in prompt removal.
8. Repeat-infringer policy
In short: We keep an internal enforcement log and apply this policy by hand. Repeat infringers lose monetization and their account in appropriate circumstances; egregious cases go immediately.
Consistent with 17 U.S.C. § 512(i), we terminate the accounts of repeat infringers in appropriate circumstances.
8.1 Strikes. A strike is recorded when we remove material in response to a valid copyright or trademark complaint, or when we remove material for violating our IP rules. We maintain an internal enforcement log of these actions, and that log is the record our team reviews when deciding what to do. Enforcement is carried out by our team by hand — we do not use any automated system that suspends or terminates accounts on a strike count.
8.2 How we escalate. In appropriate circumstances we generally escalate as set out below. These steps are applied case by case through human review — not automatically on a fixed count — and we exercise reasonable discretion at each step, consistent with 17 U.S.C. § 512(i):
| Strikes | Consequence |
|---|---|
| 1 | Material removed; written warning explaining the rules |
| 2 | Material removed; storefront suspended pending acknowledgment of the rules |
| 3 | Monetization revoked and account terminated |
8.3 Immediate termination. We may terminate immediately — without going through the ladder — for egregious or willful infringement, for coordinated or commercial-scale infringement, or where required by law.
8.4 Strikes that are withdrawn. A strike is removed from your record if the complaint is withdrawn, if you file a successful counter-notice and the material is restored, or if we determine the complaint was invalid.
8.5 Appeals. If you believe a strike was recorded in error, email support@besttailgate.com. For copyright removals, the counter-notice process in section 6 is the formal route.
9. Misrepresentations — a warning to both sides
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages — including costs and attorneys' fees — incurred by the alleged infringer, by any copyright owner or licensee, or by Best Tailgate.
Please do not use this process to silence criticism, to attack a rival crew, or to remove material you simply dislike. Consider whether the use might be fair use before filing.
10. Our discretion
Nothing in this policy limits our right to remove any content or terminate any account for any violation of our Terms of Service or Community Guidelines, independent of any DMCA notice. We may also decline to act on notices that are incomplete, abusive, or plainly invalid.
11. Contact
Best Tailgate LLC
- Copyright agent: dmca@besttailgate.com
- Fast IP intake: besttailgate.com/report-ip
- General support: support@besttailgate.com