DMCA

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Cozy Tumbler respects the work of artists, illustrators, photographers and designers, and we expect the same respect from everyone who uses our site. This page explains how to tell us if you believe something on cozytumbler.com, or a tumbler we have made, infringes your copyright, and how we respond under the US Digital Millennium Copyright Act (DMCA). It also explains how a customer whose content was removed can send a counter-notice. For trademarks, design rights and our own content, see our Intellectual Property Policy. Copyright notices go to support@cozytumbler.com with “DMCA Notice” in the subject line.

At a glance

  • Where to send notices: support@cozytumbler.com, subject “DMCA Notice”, or by post to Cozy Tumbler, 401 Comfort Drive, Williamstown, NJ 08094, US.
  • What to include: the six elements listed below, including a signature and good-faith statement.
  • Our response: we acknowledge complete notices within 1 business day and act promptly to remove or disable the material.
  • Counter-notices: available if you believe content was removed by mistake.
  • Repeat infringers: accounts may be closed.

What this page covers

Copyright protects original creative work: artwork, illustrations, photographs, written text, fonts in some cases, and graphic designs. On a personalized tumbler shop, copyright questions usually arise in three places:

  • Our product designs and images. The illustrations, layouts and mock-ups shown on our product pages.
  • Customer-supplied content. Photos and artwork that customers send us to print on their own tumblers.
  • Reviews and photos customers post on the site.

If you believe any of these uses your copyrighted work without permission, this is the right process. If your concern is about a brand name, logo or slogan, that is usually a trademark question; our Intellectual Property Policy explains how to report it, and we handle it just as seriously.

Our approach to designs and customer uploads

Our designs are created for Cozy Tumbler or licensed for our use. We do not knowingly print licensed characters, sports team marks, other brands’ logos, celebrity images or artwork copied from other sellers. When customers send photos to print, our Terms of Service require them to own the photo or have permission to use it, and our team declines content that obviously belongs to someone else, such as a famous painting, a cartoon character or a professional photo with a visible watermark. We cannot check the ownership of every family snapshot, which is why this notice process exists.

How to send a copyright notice

To be effective under the DMCA, your notice must be in writing and include all of the following:

  1. Your signature, physical or electronic (typing your full legal name is acceptable), as the copyright owner or a person authorised to act for the owner.
  2. Identification of the copyrighted work you believe has been infringed, for example a link to your portfolio page, a registration number, or a description of the artwork. If several works are involved, a representative list is fine.
  3. Identification of the material on our site that you believe infringes, with enough detail for us to find it. The best way is the full web address (URL) of each product page or image. If your concern is about a tumbler we printed for a customer, describe it and send any order or photo details you have.
  4. Your contact information: name, postal address, telephone number and email address.
  5. A statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent or the law.
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the owner’s behalf.

Send it to support@cozytumbler.com with the subject “DMCA Notice”, or by post to Cozy Tumbler, 401 Comfort Drive, Williamstown, NJ 08094, US. Email is faster. Please send one notice per rights owner, and keep a copy for your records.

Example of a clear notice

“I am the illustrator of the watercolour golden retriever artwork shown at the link below, first published on my website on the date shown there. The product page at (the product page address) uses this artwork without my permission. I have a good-faith belief that this use is not authorised by me, my agent or the law. The information in this notice is accurate, and under penalty of perjury I am the copyright owner. Signed,” followed by your full legal name, postal address, phone number and email address.

What we do when we receive a notice

Steps after a copyright notice
Step What happens Typical timing
1. Acknowledge We confirm receipt and check that the notice includes the required elements Within 1 business day
2. Ask for missing details If something essential is missing, we tell you what we need Same reply
3. Remove or disable We remove the product, image or content, or disable access to it Promptly after a complete notice
4. Notify the other party If the material came from a customer, we tell them and send a copy of the notice (with your contact details as required by law) Promptly after removal
5. Stop printing Any pending order using the material is paused and the customer contacted Immediately

If the material is one of our own designs, we also review where the design came from and whether any other product is affected. Where we made a mistake, we will say so plainly.

Counter-notice for content you supplied

If you are a customer and a photo or design you sent us was removed or your order was paused because of a notice, and you believe this happened by mistake or misidentification, you may send a counter-notice. It must include:

  1. your physical or electronic signature;
  2. identification of the material that was removed and where it appeared before removal (for example your order number);
  3. 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;
  4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which Cozy Tumbler may be found), and that you will accept service of process from the person who sent the original notice or their agent.

We forward a complete counter-notice to the person who sent the original notice. If they do not tell us within 10 business days that they have filed a court action to stop the use, we may restore the material or resume the order within 10 to 14 business days after receiving your counter-notice.

Many customers whose order is paused would simply prefer a different photo or design. You can always choose to replace the content instead, and we will help you keep your order on schedule, or cancel it with a full refund.

False or misleading notices

Under US law, anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages, including costs and legal fees. Please make sure the material is really yours and that the use is not permitted, for example by a licence you granted, before sending a notice. If you are unsure whether something infringes your copyright, you may want to speak to a lawyer first.

Repeat infringement

We may close the account of, and refuse future orders from, any customer who repeatedly sends us material that infringes other people’s copyrights. We decide this case by case, taking into account the number of valid notices and whether the customer acted in good faith.

Copyright and personal photos: common questions

I took the photo myself. Can a notice still be sent?

A photo you took is your own work, so you own its copyright. A notice would only be valid if someone else owns it. If you receive a notice about your own photo, the counter-notice process above is how to respond.

Can I print a photo a professional photographer took of my family?

Professional photographers usually keep copyright and grant you a personal-use licence. Many allow personal prints and gifts; some do not. Check your contract or ask your photographer before ordering; a quick email usually solves it.

Can I print a picture I found online?

Usually not, unless the image is clearly licensed for that use. A picture being easy to download does not mean it is free to print. Choose one of our designs or use your own photo instead.

Can I print my child’s drawing?

Yes. A drawing your child made is a lovely thing to put on a tumbler, and your family owns it.

Can I print a quote or song lyric?

Short common phrases such as “Coffee first” or “World’s best grandma” are generally fine. Song lyrics, poems and longer passages from books are usually protected by copyright, so we may decline them unless you can show permission. Your own words are always welcome, and they are often the most meaningful choice for a gift.

What about fonts?

The fonts offered on our product pages are licensed for printing on products. If you ask us to match a font from somewhere else, we can only do so if we hold a licence for it; otherwise we will suggest the closest font we can legally use.

Notices about other sellers using our designs

Personalized gift designs are often copied between online shops. If you see one of the Cozy Tumbler designs, product photos or descriptions being sold elsewhere without our permission, we would be grateful if you let us know at the email address below with a link. We do not ask customers to take any action themselves. Equally, if you are a designer and you believe one of our designs is too close to your own original work, please send a notice using the steps above; we would rather hear about it and fix it than leave a problem in place.

Keeping records

We keep copies of notices and counter-notices, and a record of the action we took, for as long as needed to handle any follow-up and to comply with the law. These records are handled under our Privacy Policy. Copies may be shared with the other party to the dispute, as the DMCA requires, and with organisations that track takedown notices for transparency purposes.

Contact for copyright matters

Email support@cozytumbler.com with “DMCA Notice” or “DMCA Counter-Notice” in the subject, or write to Cozy Tumbler, 401 Comfort Drive, Williamstown, NJ 08094, US. For general questions, see our Contact Us page.