Intellectual property and copyright policy


This Intellectual Property and Copyright Policy ("Policy") outlines the ownership, protection, and usage rights related to all designs, images, graphics, logos, taglines, written content, and other creative works (collectively referred to as "Designs") printed on the t-shirts and other products sold by WhatWear, a printed t-shirt business registered in Maharashtra, India. This Policy is designed to safeguard our intellectual property rights and ensure compliance with applicable laws, including the Copyright Act, 1957, the Trademarks Act, 1999, and other relevant Indian and international intellectual property regulations.

By purchasing, using, or interacting with our products or website, you agree to abide by the terms of this Policy. Unauthorized use of our Designs may result in legal action. If you have any questions or require permission to use our Designs, please contact us at support@whatwear.in.

1. OWNERSHIP OF INTELLECTUAL PROPERTY

1.1 Exclusive Ownership

All Designs, including but not limited to images, graphics, illustrations, logos, slogans, taglines, written content, and any other creative elements featured on our t-shirts or displayed on our website (the “Site”), are the exclusive property of WhatWear. These Designs are protected under Indian copyright law, trademark law, and other intellectual property laws, as well as international treaties and conventions to which India is a party, such as the Berne Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

1.2 Original Works

The Designs are either original creations developed by WhatWear or licensed from third-party creators under agreements that grant us exclusive rights to use, reproduce, distribute, and display these works. Any third-party contributions are used with proper authorization, and we retain all rights to their commercial application on our products.

1.3 Registration and Protection

Where applicable, WhatWear has registered or intends to register its Designs, trademarks, and other intellectual property with the Registrar of Copyrights and the Trademarks Registry in India. This includes protecting our brand name ("WhatWear"), logos, and distinctive design elements as trademarks, and our artistic works as copyrighted material.

2. SCOPE OF PROTECTION

Our intellectual property protection covers:

  • All visual elements printed on t-shirts, such as artwork, patterns, typography, and graphics.
  • Slogans, taglines, and written content associated with our products or brand.
  • Logos, icons, and branding materials used on our Site, packaging, and marketing materials.
  • Any derivative works, adaptations, or modifications of the above, created by or for WhatWear.

This Policy applies to all forms of use, whether digital (e.g., on websites, social media) or physical (e.g., on t-shirts, merchandise).

3. RESTRICTIONS ON USE

3.1 Unauthorized Use Prohibited

Any unauthorized use, reproduction, distribution, imitation, modification, or exploitation of our Designs, in whole or in part, is strictly prohibited. This includes, but is not limited to:

  • Copying, downloading, or screenshotting our Designs from our Site or products for commercial purposes.
  • Reproducing our Designs on other products, such as t-shirts, mugs, or digital media, without permission.
  • Altering, editing, or creating derivative works based on our Designs without prior written consent.
  • Using our Designs, logos, or taglines in advertising, marketing, or promotional materials not associated with WhatWear.
  • Selling, licensing, or distributing products that infringe on our Designs.

3.2 Personal Use Limitation

Customers are permitted to use our t-shirts and products for personal, non-commercial purposes only. This includes wearing, displaying, or gifting the products as purchased from us. However, you may not reproduce, resell, or distribute the Designs or products for profit without our express written permission.

3.3 Third-Party Platforms

Posting images of our products on social media or review platforms for personal use (e.g., sharing a photo of yourself wearing our t-shirt) is allowed, provided you do not claim ownership of the Designs or use them for commercial gain. Any commercial use of our Designs on third-party platforms requires prior written consent from WhatWear.

4. ENFORCEMENT AND LEGAL ACTION

4.1 Monitoring and Enforcement

WhatWear actively monitors the use of our Designs online and offline to detect potential infringement. We reserve the right to take legal action against any individual or entity that violates this Policy, including:

  • Issuing cease-and-desist letters.
  • Pursuing civil remedies under the Copyright Act, 1957, and Trademarks Act, 1999, including claims for damages, injunctions, and account of profits.
  • Reporting infringements to law enforcement authorities or intellectual property enforcement agencies in India, such as the Copyright Office or the Trademarks Registry.

4.2 Criminal Liability

Under Indian law, copyright and trademark infringement can also result in criminal penalties, including fines and imprisonment, as outlined in the Copyright Act, 1957, and the Information Technology Act, 2000. We reserve the right to pursue such remedies where appropriate.

4.3 Notice and Takedown

If we become aware of unauthorized use of our Designs, we may issue a takedown notice under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to remove infringing content from online platforms. Platforms hosting such content are required to comply promptly.

5. REQUESTS FOR PERMISSION

If you wish to use our Designs for any purpose (e.g., for editorial use, academic projects, or commercial collaborations), you must seek prior written permission from WhatWear. To request permission:

  • Send an email to support@whatwear.in detailing the intended use, duration, scope, and medium of use.
  • Include your name, contact information, and any relevant project details.
  • We will review your request and respond within 7-10 business days. Permission, if granted, may be subject to fees, licensing terms, and conditions.

6. THIRD-PARTY INTELLECTUAL PROPERTY

6.1 Respect for Third-Party Rights

WhatWear respects the intellectual property rights of others. If you believe that any content on our Site or products infringes your copyright or trademark, please notify us immediately by sending a written complaint to support@whatwear.in. Your notice should include:

  • Your contact information.
  • A description of the allegedly infringing work and its location on our Site or products.
  • A statement that you have a good-faith belief that the use is not authorized.
  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on their behalf.

We will investigate all claims and take appropriate action, which may include removing the allegedly infringing content.

6.2 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification to support@whatwear.in, including your contact information, a description of the removed content, and a statement that you consent to the jurisdiction of the courts in Maharashtra, India. We will review counter-notifications and respond accordingly.

7. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) COMPLIANCE

Although primarily a U.S. law, WhatWear complies with the principles of the DMCA for international users. If you are located outside India and believe your intellectual property rights have been infringed, you may follow the procedure outlined in Section 6.1. We will cooperate with international intellectual property authorities as required.

8. DISCLAIMER

While we take all reasonable steps to protect our Designs, we do not warrant that our Site or products are free from unauthorized use by third parties. Customers and users are responsible for ensuring their own compliance with this Policy and applicable laws.

9. GOVERNING LAW AND JURISDICTION

This Intellectual Property and Copyright Policy shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the courts in Maharashtra, India.

10. CONTACT US

If you have any questions, concerns, or requests regarding this Intellectual Property and Copyright Policy, please contact us at:

WhatWear
Email: support@whatwear.in
Address: Bhagwan complex, Second floor, Plot no. 105 1A, Shegaon(BK) Main road, Warora, Chandrapur, Maharashtra 442906

We reserve the right to update this Policy at any time. Any changes will be posted on our website, and your continued use of our products or Site after such changes constitutes your acceptance of the updated Policy.