text
stringlengths
0
1.41k
We hold a broad collection of intellectual property rights, including
those related to our brand; certain content and design elements on our
platform; our code and our data; inventions and processes related to our
platform, services, and research and development efforts; an extensive
repository of wholly-owned audio and visual assets; marketing and
promotional concepts and materials; a collection of editorial content;
and certain entertainment-related assets. This includes registered
domain names, registered and unregistered trademarks, service marks, and
copyrights, patents, and patent applications, trade secrets, licenses of
intellectual property rights of various kinds, and other forms of
intellectual property rights in the United States and in a number of
countries around the world. In addition, to further protect our
proprietary rights, from time to time we have purchased patents,
trademarks, domain name registrations, and copyrights from third
parties. In the future we may acquire or license additional patents or
patent portfolios, or other intellectual property assets and rights from
third parties, which could require significant cash expenditures.
We rely on a combination of trademark, patent, copyright, and trade
secret laws, international treaties, our terms of service, other
contractual provisions, user policies, restrictions on disclosure,
technological measures, and confidentiality and inventions assignment
agreements with our employees and consultants to protect our
intellectual property assets from infringement and misappropriation. Our
pending and future trademark, patent, and copyright applications may not
be approved. Furthermore, effective intellectual property protection may
not be available in every country in which we operate or intend to
operate our business. There can be no assurance that others will not
offer technologies, products, services, features, or concepts that are
substantially similar to ours and compete with our business, or copy or
otherwise obtain, disclose and/or use our brand, content, design
elements, creative, editorial, and entertainment assets, or other
proprietary information without authorization. We may be unable to
prevent third parties from seeking to register, acquire, or otherwise
obtain trademarks, service marks, domain names, or social media handles
that are similar to, infringe upon or diminish the value of our
trademarks, service marks, copyrights, and our other proprietary rights.
Third parties have also obtained or misappropriated certain of our data
through website scraping, robots, or other means to launch copycat
sites, aggregate our data for their internal use, or to feature or
provide our data through their respective websites, and/or launch
businesses monetizing this data. While we routinely employ technological
and legal measures in an attempt to divert, halt, or mitigate such
operations, we may not always be able to detect or halt the underlying
activities as technologies used to accomplish these operations continue
to rapidly evolve.
Our intellectual property assets and rights are essential to our
business. If the protection of our proprietary rights and data is
inadequate to prevent unauthorized use or misappropriation by third
parties, the value of our brand and other intangible assets may be
diminished and competitors may be able to more effectively mimic our
technologies, offerings, or features or methods of operations. Even if
we do detect violations or misappropriations and decide to enforce our
rights, litigation may be necessary to enforce our rights, and any
enforcement efforts we undertake could be time-consuming and expensive,
could divert our management' attention, and may result in a court
determining that certain of our intellectual property rights are
unenforceable. If we fail to protect our intellectual property and data
in a cost-effective and meaningful manner, our competitive standing
could be harmed; our Hosts, guests, other consumers, and corporate and
community partners could devalue the content of our platform; and our
brand, reputation, business, results of operations, and financial
condition could be materially adversely affected.
*We have been, and may in the future be, subject to claims that we or
others violated certain third-party intellectual property rights, which,
even where meritless, can be costly to defend and could materially
adversely affect our business, results of operations, and financial
condition.*
The Internet and technology industries are characterized by significant
creation and protection of intellectual property rights and by frequent
litigation based on allegations of infringement, misappropriation, or
other violations of such intellectual property rights. There may be
intellectual property rights held by others, including issued or pending
patents, trademarks, and copyrights, and applications of the foregoing,
that they allege cover significant aspects of our platform,
technologies, content, branding, or business methods. Moreover,
companies in the Internet and technology industries are frequent targets
of practicing and non-practicing entities seeking to profit from
royalties in connection with grants of licenses. Like many other
companies in the Internet and technology industries, we sometimes enter
into agreements which include indemnification provisions related to
intellectual property which can subject us to costs and damages in the
event of a claim against an indemnified third party.
41
We have received in the past, and may receive in the future,
communications from third parties, including practicing and
non-practicing entities, claiming that we have infringed, misused, or
otherwise misappropriated their intellectual property rights, including
alleged patent infringement. Additionally, we have been, and may in the
future be, involved in claims, suits, regulatory proceedings, and other
proceedings involving alleged infringement, misuse, or misappropriation
of third-party intellectual property rights, or relating to our
intellectual property holdings and rights. While a number of the
infringement claims raised against us have been based on our use or
implementation of third-party technologies for which those third parties