IP Policy


Kitchen Switchen acknowledges the critical nature of intellectual property rights, and we are devoted to sustaining a marketplace that respects and advocates for others' intellectual property. This Intellectual Property Policy ("Policy") illustrates the measures we may adopt in response to claims of intellectual property violation on our global e-commerce platform with multiple vendors (the "Platform").

Role of Kitchen Switchen

Kitchen Switchen serves as a marketplace encompassing independent third-party vendors who independently manage their stores, establish their policies, and are accountable for their inventory, deliveries, and law compliance. While we facilitate a venue, Kitchen Switchen does not manufacture, stock, or deliver items for our sellers. Independent sellers who do not represent Kitchen Switchen in any capacity generate the content uploaded on our marketplace. Sellers bear the responsibility of ensuring they possess all necessary rights to their content and that it doesn't violate or infringe upon any third party’s rights.

Kitchen Switchen retains the authority to deactivate any listing, shop, or account believed to infringe upon our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy. Kitchen Switchen also maintains the right to counteract any violations of our Intellectual Property Policy or our Terms of Use.

Kitchen Switchen isn't in a position to represent intellectual property owners or to provide legal counsel or make legal judgments on whether a shop's content infringes upon someone else's intellectual property. We will remove material alleged for intellectual property violation once we receive a report that aligns with our policies.


This Agreement encompasses all terms of Kitchen Switchen’s Digital Millennium Copyright Act Notice and Take-Down provision located here: https://www.copyright.gov/dmca/

Intellectual Property Rights

Intellectual property rights constitute legally acknowledged exclusive rights to mental creations. They incorporate copyrights, trademarks, patents, and trade secrets. Each vendor on our Platform is responsible for ensuring they possess the necessary rights to sell their products or use any intellectual property linked with their listings.

Typical Errors Related to Intellectual Property Infringement

The subsequent compilation includes illustrative instances of prevalent intellectual property and copyright infringements found in a range of sectors. This collection is far from exhaustive, but merely serves as a basic guide:

  • Internet Piracy: Illegitimate sharing of copyrighted content such as music, movies, TV shows, software, or games online.
  • Fake Commodities: Production and retail of replicated items that violate trademarks or patents.
  • Plagiarism: Unauthorized replication and representation of someone's creative output, like text, imagery, or music, as your own.
  • Illicit Use of Copyrighted Images: Unlawful application of copyrighted images in print, websites, or social platforms without the requisite permissions or licenses.
  • Bootlegging: Illicit recording and sharing of live shows or events.
  • Reverse Engineering: Dismantling of a patented item or technology with the aim of fabricating a comparable or derivative product.
  • Infringement of Software Licensing: Illegitimate usage, sharing, or duplication of licensed software.
  • Unlawful Derivatives: Producing derivative works such as sequels, spin-offs, or translations without the original copyright owner's consent.
  • Trademark Violation: Utilization of a trademark that closely resembles an existing, registered trademark, leading to confusion.
  • Domain Name Cybersquatting: Registration of domain names closely resembling existing brand names or trademarks with the intent to gain profit from the connection.
  • Industrial Design Infringement: Unlawful imitation of the aesthetic, shape, or design of a protected product.
  • Patent Violation: Unauthorized production, retail, or application of a product or process protected by a patent.
  • Trade Secret Misappropriation: Illicit acquisition, revelation, or use of a firm's classified data, including formulas, processes, or business strategies.
  • False Attribution: Wrongly attributing a copyrighted work to a different creator or author.
  • Illicit Public Performances: Publicly showcasing copyrighted music, plays, or movies without acquiring the required licenses or permissions.
  • Illicit Reproduction or Sharing of Academic Resources: Distributing or copying copyrighted textbooks, articles, or research papers without the necessary permission.
  • Logo Violation: Replication or imitation of a company's logo in a way that is likely to deceive or confuse customers.
  • Artwork Counterfeiting: Producing and retailing unauthorized duplicates of protected art.
  • Infringement through Fan Fiction: Writing and distributing stories using copyrighted characters or settings without the original author's consent.
  • Unauthorized Remixes and Mashups: Crafting new works by merging copyrighted music, videos, or other resources without securing the necessary permissions.

Photos and Copyright

When utilizing another person's photography on the internet, it's crucial to stay informed about legal norms and rules to prevent violation of the photographer's rights. Consider the following legal considerations:

  • Copyright Law: Under copyright law, photographers hold the rights to their photographs, guarding their original work against unauthorized use or duplication. Infringing on this right, such as using a photograph without the owner's permission, could result in copyright infringement liabilities.
  • Licensing Agreements: Photographers may provide licensing agreements permitting you to use their images, typically for a fee or under specific stipulations. Always review and comply with such agreements before using another's photographs.
  • Fair Use Doctrine: The Fair Use Doctrine provides a copyright law exception for restricted and transformative use of copyrighted material. However, its application can be intricate, and acquiring the photographer's permission prior to using their work is always advisable.
  • Attribution Obligations: Even with permission, you might be required to credit the source. The specifics of these requirements can differ based on the license agreement or the photographer's preference, so it's important to understand and adhere to these requirements.
  • Privacy and Publicity Rights: Photos featuring recognizable individuals may involve privacy and publicity rights. If you plan to use a photograph with identifiable persons, it's important to secure any necessary approvals or releases.

To summarize, when using someone else's photography online, be aware of legal guidelines and rules to prevent violation of the photographer's rights. When uncertain, always seek the photographer's permission and follow any stipulations they set forth. Kitchen Switchen disclaims legal liability if a vendor infringes on legal rights. The vendor bears all associated risk and legal accountability for their post.

Enforcement: Our policies are consistently and fairly enforced. We maintain the right to delete any content infringing our policies, and we may suspend or terminate the accounts of users who engage in such activities.

We believe these policies and practices contribute to a safe and inviting atmosphere for all our customers. We welcome our customers' feedback and promise to regularly reassess and modify our policies as necessary to promote respect and inclusion on our platform.


We apply our policies uniformly and justly. We retain the right to delete any content that infringes our policies, and we may suspend or terminate any user's account for such behavior. We strongly believe that adhering to these policies fosters a secure and welcoming environment for all our customers. We encourage feedback and will routinely evaluate and modify our policies as required to promote inclusion and respect on our platform.

Reporting Intellectual Property Infringement

If you suspect that your intellectual property rights have been violated on the Platform, please send a detailed notice of infringement ("Notice") to our violations department at violations@kitchenswitchen.com.

Upon receipt of a complete and accurate Notice, we will:

  1. Examine the flagged content to ascertain whether it violates the intellectual property rights of the individual who filed the complaint;
  2. If we conclude that an infringement has taken place, we will remove or restrict access to the material in question;
  3. Inform the vendor who uploaded the allegedly infringing content, supplying them with a copy of the notice and a chance to reply;
  4. If the vendor either neglects to respond or continues to infringe upon intellectual property rights, take appropriate measures which could include terminating their account; and
  5. Update the individual who lodged the complaint about the results of our investigation and any subsequent steps taken.


If you are a vendor who believes your content was wrongfully removed or disabled due to a false intellectual property violation claim, you may submit a counter-notification to our violations department at violations@kitchenswitchen.com.

Upon receipt of a complete and accurate counter-notification, we will forward it to the original complainant. If the complainant does not notify us within ten (10) business days that they have filed a legal action seeking a court order to restrain you from the allegedly infringing activity, we may restore the removed or disabled material.

Dealing with Recurring Infringements

At Kithcen Switchen, we deeply respect intellectual property rights and are dedicated to fostering a marketplace that upholds these rights. To curb and address recurring breaches of intellectual property rights, we've put into place the following strategy for repeat offenders on our diverse vendor e-commerce platform (the "Platform").

  1. Infringement Records: We will keep a log of all claims of intellectual property infringement and the corresponding actions taken. This log will serve as a tool to pinpoint vendors who consistently engage in infringing activities on the Platform.
  2. Warning Protocol: If a vendor is found guilty of infringing intellectual property rights on more than one occasion, they will receive a warning from Kitchen Switchen. This warning will explain the nature of the breach and the implications of further infringements, which may include potential account suspension or termination.
  3. Account Suspension or Termination: Vendors who persist in infringing intellectual property rights, even after receiving a warning, may face account suspension or termination at the discretion of Kitchen Switchen. Such suspension or termination could lead to the loss of platform access, removal of all listings linked to the account, and forfeiture of any unpaid profits.
  4. Reinstatement: Vendors who have been suspended can apply for reinstatement six (6) months after the suspension date. For reinstatement consideration, the vendor must submit a written declaration demonstrating their comprehension of the infringement issue, commitment to abiding by intellectual property rights, and the measures taken to avoid future infringements. Kitchen Switchen holds the right to reject reinstatement requests at its sole discretion.
  5. Legal Action: Kitchen Switchen retains the right to initiate legal proceedings against vendors who repeatedly breach intellectual property rights. Furthermore, Kitchen Switchen is prepared to collaborate with intellectual property owners or their authorized representatives in any legal cases against such vendors.
  6. Amendments to the Repeat Infringer Policy: This Repeat Infringer Policy may be modified or updated at any point, without or without prior notice. It is the vendor's responsibility to regularly review this policy to maintain compliance with its stipulations.

By utilizing the Platform, vendors confirm their understanding and agreement to abide by this Repeat Infringer Policy. Any violation of this Policy may lead to account suspension, termination, or other suitable actions, as decided by Kitchen Switchen in its sole discretion.