Intellectual Property & Counterfeit Reporting

Last updated: 1 October 2026

Mountgear respects intellectual property (IP) rights and doesn't allow counterfeit or infringing products. This policy explains what sellers must not do and how rights owners can report listings for removal.

What's not allowed

Sellers must not list or sell:

• counterfeit goods – items bearing a trade mark, logo or branding without the owner's permission, or that imitate a branded product in a way that is likely to mislead buyers
• items that infringe copyright, such as unauthorised copies of books, films, music, software, artwork or product photos
• items that infringe registered designs or patents
• listings that use another brand's name or trade mark in a misleading way (for example, "Brand X style" or "Brand X quality" for a product that isn't made by Brand X)
• listings that copy another seller's or brand's photos or descriptions without permission

Sellers are responsible for making sure they have the right to sell each product and to use all images, text and branding in their listings. Genuine branded goods may be sold where they have been lawfully obtained and are accurately described.

Reporting infringement (notice and takedown)

If you own IP rights, or are authorised to act for the owner, you can ask us to remove an infringing listing by emailing [email protected] with the subject "IP complaint".

What to include in your notice

1. Your name, organisation (if any), email address and phone number.
2. The IP right you rely on – for example, the trade mark and registration number (including the IP Australia number where applicable), details of the copyright work, or the design or patent number.
3. Evidence that you own the right or are authorised to act for the owner.
4. The link to each listing you're reporting.
5. An explanation of why each listing infringes your rights (for example, why the item is counterfeit, or which photo or text has been copied).
6. A statement that you have a good faith belief that the use complained of is not authorised by the rights owner, its agent or the law.
7. A statement that the information in your notice is accurate and that you are the rights owner or authorised to act on the owner's behalf.

What happens next

1. Review: we review your notice. If it's incomplete, we'll ask you for more information.
2. Action: if the notice is complete and appears valid, we will remove or disable the listing(s) and notify the seller, including your contact details and the reason for removal so the seller can respond.
3. Seller response: the seller may send a counter-notice if it believes the listing was removed by mistake (see below).
4. Outcome: we'll let you know what action we've taken.

We aim to review complete notices promptly. We may also remove listings on our own initiative if we reasonably believe they are counterfeit or infringing.

Counter-notice for sellers

If your listing was removed and you believe that was a mistake – for example, because you are authorised to sell the product or the item is genuine – email [email protected] with the subject "IP counter-notice" and include:

• your seller name and contact details
• the listing(s) removed
• evidence supporting your position, such as invoices from an authorised supplier, a licence or authorisation from the rights owner
• a statement that the information you provide is accurate

We may share your counter-notice with the person who made the original report. We may reinstate the listing if we're satisfied it doesn't infringe, unless the rights owner shows that it has started legal proceedings. Mountgear doesn't decide legal disputes about IP ownership – these must be resolved between the parties or by a court.

Repeat infringers

Sellers who repeatedly list infringing or counterfeit items will have their accounts suspended or closed. We may also withhold payouts for counterfeit sales where permitted by our Marketplace Seller Agreement, so affected buyers can be refunded.

Buyers who received a counterfeit item

If you think you received a counterfeit item, email [email protected] with your order number. We'll contact the seller, review the listing and, if it isn't resolved, handle it as an "item not as described" claim under Mountgear Buyer Protection.

False reports

Please only report listings you genuinely believe infringe your rights. Making false or misleading reports may result in us disregarding future reports from you and may expose you to legal liability, including for unjustified threats of infringement proceedings under Australian law.