Loomerang
May 7, 2026 Brighter Technology, LLC Loomerang
Loomerang operates a global online marketplace that connects independent designers with customers in the United States, Canada, the European Union, the United Kingdom, and India.
This policy describes how we handle reports that content on the platform infringes someone else's intellectual property, and how designers can respond when their content is removed.
This policy applies to all content stored on the platform at the direction of a user, including designer storefronts, product listings, product images, customer reviews, customer photos, and seller communications.
Where a section refers to "designers," it also applies to any other user who has uploaded the content at issue.
This policy is intended to satisfy our obligations and preserve the safe harbors available to us under:
17 U.S.C. § 512 (United States)
the Copyright Act, R.S.C., 1985, c. C-42, ss. 41.25–41.27 (Canada)
Articles 14, 16, 17, and 21 of Regulation (EU) 2022/2065, the Digital Services Act (European Union)
the Copyright, Designs and Patents Act 1988 and the Electronic Commerce (EC Directive) Regulations 2002 (United Kingdom)
Section 79 of the Information Technology Act, 2000, read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (India)
Nothing in this policy waives any defense or immunity available to us under 47 U.S.C. § 230 or any equivalent law.
This policy is not legal advice.
If you are unsure whether content on the platform infringes your rights or whether your content is protected by an exception such as fair use or fair dealing, consult a qualified attorney in your jurisdiction.
In accordance with 17 U.S.C. § 512(c)(2), we have designated the following agent to receive notifications of claimed copyright infringement:
Designated DMCA Agent:
Matt Koyama
Brighter Technology, LLC
Loomerang
Email: dmca@loomerang.com
Our agent registration is on file with the U.S. Copyright Office at copyright.gov/dmca-directory.
We renew the registration every three years as required by 37 C.F.R. § 201.38.
A valid DMCA notice must include all of the following.
We follow the statutory elements at 17 U.S.C. § 512(c)(3)(A); please do not paraphrase them.
A signature. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The work. Identification of the copyrighted work claimed to have been infringed, or, if the notice covers multiple works at the platform, a representative list of those works.
The infringing material. Identification of the material claimed to be infringing and information reasonably sufficient for us to locate it. The URL of the listing or storefront is sufficient; please also include screenshots and the date you observed the listing.
Your contact information. The complaining party's name, address, telephone number, and email address.
Statement of good-faith belief. A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Statement of accuracy. A statement that the information in the notification is accurate.
Statement of authority, under penalty of perjury. A statement, made under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Before you submit. Please first consider whether the use you are reporting is authorized by the copyright owner, by a license, or by an exception such as fair use (United States), fair dealing (Canada, United Kingdom, India), or the EU's quotation, criticism, parody, and pastiche exceptions.
Submitting a notice without that consideration may expose you to liability under 17 U.S.C. § 512(f) (see Section 2.7).
When we receive a notice that meets the requirements of Section 2.2, we will:
Acknowledge receipt to the claimant within 24 hours.
Review, remove or disable access to the listed material upon confirmation of the infringement. This may prompt us to request additional information from the claimant in order to ensure infringement.
Notify the designer that the content has been removed and forward the notice. We will redact the claimant's personal phone number and home address before forwarding; everything else is forwarded in full.
Inform the designer of the right to file a counter-notice under Section 2.4 and the consequences of doing so.
If a notice is incomplete, we will tell the claimant which elements are missing and ask for a corrected notice.
We do not action incomplete notices.
If you are a designer whose content has been removed and you believe the removal was the result of mistake or misidentification, you may submit a counter-notice. Please understand the consequences before doing so:
Important — please read. When you submit a counter-notice, we are required by 17 U.S.C. § 512(g)(2)(B) to send a complete copy — including your name, mailing address, and telephone number — to the original claimant. The claimant may use that information to sue you. If you are not prepared to be identified to the claimant, do not submit a counter-notice. Speak with a lawyer first if you are unsure.
A valid counter-notice must include:
A signature. Your physical or electronic signature.
Identification of the removed material. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
Your contact information. Your name, address, and telephone number.
Consent to jurisdiction. 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 Loomerang may be found, and that you will accept service of process from the person who provided the original notification or an agent of that person.
When we receive a complete counter-notice, we will forward it to the original claimant. We will then restore the material no earlier than 10 and no later than 14 business days after we receive the counter-notice, unless we first receive notice that the claimant has filed a court action seeking to restrain the alleged infringement.
We will, in appropriate circumstances, terminate the accounts of designers who are repeat infringers of intellectual property rights.
We define a "strike" as a copyright notice that meets the requirements of Section 2.2 and that is either:
not withdrawn by the claimant within 10 business days of receipt, and
not the subject of a successful counter-notice (a counter-notice followed either by content restoration without lawsuit, or by a court ruling for the designer).
We use a three-strike framework. A designer who accrues three strikes within any rolling 12-month period is subject to account termination.
Strikes expire 12 months after the date of the underlying notice.
We may also terminate an account for a single notice in clearly defined cases, including:
listings of counterfeit goods bearing a third-party trademark;
reproductions of a copyrighted design listed under the original artist's name or with the original artist's marks;
content the platform reasonably believes was uploaded by a previously terminated user; and
any case in which a court has ruled that the designer is an infringer.
We retain discretion to decline to count strikes that appear to result from abusive or coordinated bad-faith filings, and to give designers the opportunity to appeal a termination decision in writing.
A designer whose account has been terminated for repeat infringement may not re-register on the platform without our prior written consent.
A notice should claim infringement of a specific exclusive right under copyright (reproduction, distribution, public display, derivative works).
We will not action notices that are actually trademark complaints, complaints about pricing, complaints about competitor behavior, or general dissatisfaction with a designer.
Trademark and other non-copyright intellectual-property complaints are addressed in Part III.
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents:
(1) that material is infringing, or
(2) that material was removed or disabled by mistake or misidentification,
is liable for damages, costs, and attorneys' fees incurred by the alleged infringer, by any copyright owner, or by us as a service provider.
If we determine that a claimant has submitted three or more notices within any 12-month period that we conclude were materially misrepresented or made in bad faith, we may refuse to accept further notices from that claimant or its agents and may refer the conduct to the relevant rights-holder bar association, brand-protection trade group, or law enforcement.
We will give the claimant written notice and an opportunity to respond before doing so.
The DMCA safe harbor does not extend to trademark, trade dress, rights of publicity, design rights, patent, or other non-copyright intellectual property.
We address those complaints under this Part.
Our review here is voluntary and discretionary, but we take it seriously; for an apparel marketplace, trademark and counterfeit complaints are at least as numerous as copyright complaints.
Counterfeit goods — products that bear a third-party trademark and are being passed off as genuine — are reviewed on an expedited basis.
To submit a counterfeit complaint, please use the form at loomerang.com/legal/counterfeit-report and include:
The brand name and registered trademark, including the registration number, registering jurisdiction, and Nice Class (for apparel, typically Class 25).
Your relationship to the brand (rights holder, in-house counsel, outside counsel, authorized brand-protection vendor).
A photograph or sample of a genuine product.
Photographs of the suspected counterfeit, with the listing URL.
The basis for the counterfeit allegation — for example, identifying marks, materials, construction, packaging, or pricing inconsistent with genuine product.
Statements of good faith and accuracy in the form set out in our online form.
A confirmed counterfeit listing is grounds for immediate removal, listing-payout reversal, and a strike against the designer under Section 2.5.
We operate a Verified Rights Holder Program for brand owners and their authorized agents who submit a high volume of well-founded notices.
Verified participants receive:
an authenticated submission channel
a named contact in our team
bulk submission tools
Brand owners interested in participating may apply at support@loomerang.com.
Participation is at our discretion and may be revoked for misuse.
For trademark, trade dress, rights of publicity, design rights, and other non-copyright IP complaints that are not pure counterfeit, please send a written complaint to legal@loomerang.com or use the form at loomerang.com/legal/ip-complaint.
The complaint should include:
Your identity and authority. Your name, contact information, and your relationship to the right at issue.
The right. A description of the trademark, trade dress, right of publicity, or other IP right, including registration number, registering jurisdiction, and class where applicable.
For trade dress claims. The specific design elements you claim are non-functional and source-identifying, with reference to any registration or evidence of secondary meaning.
The infringing material. The URL of the listing or storefront and a clear description of what is infringing.
Likelihood of confusion. A short statement of the basis for likelihood of confusion (or, for rights of publicity, the basis on which the platform content uses your name, voice, or likeness without authorization).
Good faith and accuracy statements in the form set out in our online form, and your signature.
We will review valid complaints and take action we determine appropriate, which may include removing or disabling the listing, requesting more information from either party, or declining to act where the complaint involves a genuinely contested question between sophisticated parties.
Where two third parties are disputing rights between them, we may decline to act until the parties resolve the dispute through other channels.
If your listing is removed under Part III and you believe the removal was in error, you may submit an appeal to legal@loomerang.com within 30 days of removal.
The appeal should include:
the listing URL
the reason removal was in error
any documentation supporting your position (license, prior-use evidence, design files showing independent creation, etc.)
We will give the original claimant a reasonable opportunity to respond and will issue a written decision.
Appeals are reviewed by a member of our trust and safety team who was not involved in the original removal decision.
Why this changed. The v2 draft had no appeal mechanism for non-copyright takedowns. That is the kind of asymmetry that draws regulator attention (the EU DSA's Article 20 internal complaint-handling system is a hard requirement for hosting services in the EU) and that fuels designer dissatisfaction even outside regulated jurisdictions. Naming a separate-decision-maker review is not strictly required outside the EU but is a sensible standard to set globally, and it materially reduces wrongful-removal litigation risk.
For users and rights holders in the EU/EEA, this policy operates as our notice-and-action mechanism under Article 16 of Regulation (EU) 2022/2065, the Digital Services Act.
We will:
acknowledge receipt of a notice without undue delay (in practice, within 24 hours);
give the affected designer a statement of reasons in plain language when content is removed (Article 17);
offer an internal complaint-handling system for at least six months following the original decision (Article 20); and
direct disputing parties to a certified out-of-court dispute settlement body where available (Article 21).
A notice does not need to follow the DMCA form to be valid in the EU.
It must, however, contain enough information for us to identify the content, the legal basis for the claim, and a contact.
If you are submitting a notice from the EU and the content is not protected by US copyright but is protected under EU law (for example, a sui generis database right or a national design right), please cite the applicable provision.
For UK users and rights holders, we accept notices under the Copyright, Designs and Patents Act 1988 and process them in substantially the same way as EU notices.
Where the Online Safety Act 2023 applies (for example, certain priority-illegal-content categories), we will action notices within the timelines that Act requires.
Canada operates a notice-and-notice regime under sections 41.25 to 41.27 of the Copyright Act.
When we receive a notice that meets the statutory requirements, we will forward the notice to the designer and retain records of the notice and our forwarding for at least six months (or twelve months if a copyright proceeding has commenced).
Receipt of a notice under the notice-and-notice regime does not by itself require us to remove content.
We may remove content if it also violates our terms of service, but we are not legally required to do so by the notice alone.
In India, the platform is operated by Brighter Technology India Private Limited ("Brighter Technology India"), an Indian company incorporated under the Companies Act, 2013.
Brighter Technology India is a separate legal entity from Brighter Technology, LLC and operates the platform in India under a Master Services Agreement with Brighter Technology, LLC.
For purposes of Indian law, Techtobright Private Limited is the "intermediary" within Section 2(1)(w) of the Information Technology Act, 2000, in respect of content made available on the platform to users in India.
Brighter Technology India relies on the safe harbor under Section 79 of that Act and complies with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
References to "Loomerang," "we," or "us" in this Part 5.4 should be read as references to Brighter Technology India.
Our Grievance Officer is:
Grievance Officer: Arka Majumdar, Brighter Technology India Private Limited, 47 Ardhendu Sekhar Sarani, Beliaghata, Kolkata, West Bengal 700042, India
Email: grievance.india@loomerang.com
We will acknowledge a grievance within 24 hours and resolve it within 15 days.
Where we receive a court order or a direction from an authorized government agency directing us to remove specific unlawful content, we will action it within 36 hours as required by Rule 3(1)(d).
This policy is governed by the laws of the State of Washington and the federal law of the United States.
Nothing in this Section overrides any mandatory consumer or intellectual-property right that an EU, EEA, UK, Canadian, or Indian designer or claimant may have under local law.
By listing products on the platform, designers represent and warrant that their designs do not infringe any third-party intellectual property right (including copyrights, trademarks, trade dress, design rights, rights of publicity, and patent), that they have all necessary licenses or authorizations, and that their designs are their own original work or used with permission.
These obligations are set out in detail in the Designer Agreement and are incorporated by reference here.
Designers indemnify Loomerang for losses arising from a third-party intellectual-property claim attributable to the designer's content, in accordance with Section 14.3 of the Designer Agreement.
During the platform's launch phase, a small number of designer submissions are reviewed by our team for image-quality and category-fit purposes prior to publication.
This review is limited and does not include any substantive intellectual property clearance.
For clarity:
This review is not a representation or warranty that any design is free of third-party intellectual property claims.
This review does not reduce or transfer the designer's responsibility under the Designer Agreement to ensure that their designs do not infringe third-party rights.
This review will be phased out as the platform exits its launch cohort.
From that date, content will be published immediately on submission and will be subject only to post-publication notice mechanisms under this policy.
We retain copies of notices, counter-notices, and our actions in response for at least 24 months, and longer where required by law (including the 6/12-month retention rule under section 41.26 of the Canadian Copyright Act) or where a litigation hold is in effect.
Information you submit in a notice or counter-notice is processed under our Privacy Policy.
As described in Section 2.4, a counter-notice is forwarded in full to the original claimant;
please do not submit a counter-notice if you are not prepared to be identified to the claimant.
Why this changed. None of these were in v2. (1) Recordkeeping: prudent litigation-hold practice requires a documented retention period, and Canada requires a specific minimum. Stating it on the policy gives the trust team a defensible baseline. (2) Transparency reporting is now expected for any platform of meaningful scale; the DSA and the UK Online Safety Act require it for VLOPs and certain other categories, and the broader public-trust environment expects it from everyone else. The v2 silence on this looks worse the longer we wait. (3) The privacy cross-reference closes the loop with the Section 2.4 disclosure and points users to the Privacy Policy for everything else.
This policy is effective as of May 7th, 2026.
We may update it from time to time.
The current version is available at loomerang.com/legal/ip-policy.
Material changes will be communicated to designers at least 30 days before they take effect.
Ambiguous notices, repeated abuse, and matters with regulatory exposure are escalated within Loomerang on the path:
Trust & Safety → Legal → Outside Counsel.
Designers and claimants who wish to escalate a decision should follow the appeal mechanisms described in Sections 2.4, 4, and 5.1.
Nothing in this policy waives, limits, or affects any right, defense, or immunity available to Loomerang under 47 U.S.C. § 230, 17 U.S.C. § 512, Article 14 of Regulation (EU) 2022/2065, Section 79 of the Information Technology Act, 2000, the Electronic Commerce (EC Directive) Regulations 2002, or any other applicable safe-harbor or intermediary-liability provision.
This policy is not legal advice.
Consult a qualified attorney in your jurisdiction if you have questions about whether your conduct or another user's conduct infringes intellectual-property rights.
©2026, Loomerang.