1. Copyright Infringement Notices

How to File a Copyright Infringement Notice

• A copyright claim that is not submitted by the owner of the copyright or its designated agent cannot be processed. This is because we have no way of knowing whether the Content Developer who published the content you are reporting has received proper permission from the owner to use the content. We’ll ask you to provide an electronic signature to confirm that you’re the copyright owner or have authority to represent the copyright owner (including if the copyright owner is an organization). If you don’t own the content that you’re reporting, you’re welcome to reach out to the owner and provide them with Ē Ala!’s copyright infringement notice form.

• Knowingly submitting a false or misleading Copyright Infringement Notice is illegal and you could be held liable and have to pay damages as a result. Ē Ala! reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.

• Consider whether the use of your material in the content is “fair use.” Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Before you submit a copyright claim, make sure that use of the copied content does not qualify as fair use. Fair use covers things like criticism, commentary, news reporting, and research. In considering whether the content’s use of your material qualifies as fair use, you should look at:

  • The purpose of the use (whether the content is paid or unpaid, whether the content critiques/parodies/transforms your material)
  • The type of copyrighted work being used (whether your work is factual or creative)
  • The portion being used (whether the content uses small, necessary excerpts of your material or substantial portions of it)
  • The effect on the market for your material (whether potential buyers would purchase the content instead of your material).
• There are types of content that aren’t protected by copyright. Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the copied content is indeed protected by copyright. If you need to report a trademark violation, please follow the steps outlined in the How to Submit a Trademark Takedown Notice section below.
• Your copyright claim has to be sufficiently substantiated for us to be able to address it. This means:

  •  You must provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number;
  • If you’re filing a notice on behalf of an organization, you include the name of the organization and your relationship to the organization;
  • You should precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you provide a sufficiently representative list of such original material (such as a URL where the material is located);
  • You need to provide sufficient information for us to locate the reportedly infringing content on the Ē Ala! platform (the URL on our website and the exact name of the course and instructor); and
  • You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner's behalf and I 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”.

Counter Notification

• Your physical or electronic signature;
• Your name, address, and email address or telephone number;
  
• Identification of the content that was removed and the location (URL) at which it appeared before it was removed (you can access this information from the Copyright Infringement Notice filed against your content; we always attach a copy when we notify you);
• 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 to be removed or disabled; and
• A statement that you consent to:
  

  • Pai 'Ike, LLC sharing your name and contact information with the claimant;
  • receiving service of process for any legal action by the claimant or an agent of the claimant; and
  • accepting the jurisdiction of the federal district court for the judicial district in which you reside (if in the U.S.), or if you reside outside of the U.S., the jurisdiction of the United States District Court for the District of Hawaii (headquarters of Pai 'Ike, LLC).

2. Trademark Infringement Notices

How to File a Trademark Infringement Notice

• Your trademark claim has to be sufficiently substantiated for us to be able to address it. This means your communication must include substantially the following:
  

  • Your complete contact information (full name, mailing address, and email or phone number);
  • The specific word, symbol, etc. for which you claim trademark rights;
  • The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable;
  • The country or jurisdiction in which you claim trademark rights;
  • The category of goods and/or services for which you assert rights;
  • Precise location(s) in the reported course URL(s) where your registered trademark can be found;
  • A description of how you believe this content infringes your trademark;

• If you are not the rights holder, an explanation of your relationship to the rights holder;

  • The following statement: “I have a good faith belief that use of the trademark as described above in the manner complained of is not authorized by the trademark owner, its agent, or the law.”;

  • The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.";

  • The following statement: “I agree that Pai 'Ike, LLC may forward my complaint, including my contact information, to the affected user.”; and

  • Your electronic signature ("/s/" followed by your full name, e.g., "/s/ Jane Doe") or physical signature.
• Submitting a false or misleading claim of infringement could result in liability for you. Pai 'Ike, LLC reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.

• Consider whether the use of your trademark in the content is “fair use”. Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries’ laws include an exception for “fair use”, which allows others to use a trademark for factually referencing the trademarked product or service, or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the content. Before you submit a trademark claim, make sure that use of your trademark in the content does not qualify as fair use.

3. Infringement of your Ē Ala! Content on Third-Party Platforms

4. Designated Intellectual Property Agent Contact Information

• Copyright Infringement Notice
  This form is to file a complaint regarding copyright infringement by the owner or the designated agent for the owner who possesses the rights to the content that you believe the content is infringing.
• Trademark Infringement Notice
  This form is to file a complaint regarding trademark infringement by the owner or the designated agent for the owner who possesses the rights to the content that you believe the content is infringing.
• Third Party Piracy Notice
  This form is to file a complaint regarding infringement of a Course Developer's Ē Ala! Content on a third-party Platform.