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Amazon strictly prohibits sellers from selling infringing products, and the crackdown is also very strong. Therefore, as long as a seller's listing is complained, Amazon will generally take the solution of removing the listing first and then investigating. The following are several infringement complaints and response plans The most common method is to upload the victim seller's product link information intact to Shopify or other independent sites. It is that simple and the complaint can be successful. This is to take advantage of the liability clause of the US Digital Millennium Copyright Act on the platform, that is, the copyright owner has the obligation to issue a qualified infringement notice, and the platform operator needs to take necessary measures without delay after receiving the qualified infringement notice. This is a statutory mandatory provision, and Amazon can only do it. For Amazon sellers, copyright infringement also includes the following aspects:- The products sold are printed with other people's copyrighted designs, such as designs on printed T-shirts;
- The products being sold use a layout that someone else has the copyright for. Sellers of print templates should know what I mean;
- If you plagiarize someone else's product description, yes, this is also an infringement, and you may be complained about, and then the listing will be removed from the shelves, or even your account will be restricted. Knowing the occurrence of copyright infringement, you should also know how to deal with it. I won't say much about other things. In terms of plagiarism of product descriptions, copying the product description of one company is called plagiarism, and copying the product descriptions of multiple companies and summarizing and recombining them is called innovation.
- Amazon will not investigate the source of the images when uploading product images. However, if the original seller of the images finds out and provides evidence to complain, and Amazon verifies that the situation is true, Amazon will issue a warning or even shut down the store. Even secondary creations may infringe copyright, so it is recommended to take pictures by yourself, which can better reflect the differences of your own products in details.
Trademark Infringement Complaints When sellers are complained, they will first think that their five points or titles contain other people's brands or have been tampered with, but the actual operation method is not like this. In fact, the complaint process is that the other party writes an email to Amazon, deliberately triggering Amazon's machine review mechanism, and using ASIN's own brand to defeat itself. After all, artificial intelligence is still in its early stages, and this can only be understood as a system bug. As for when this loophole can be patched, we can only look forward to it. Delete the brand in your description in the form, then issue an authorization letter to your own store, and then submit the authorization letter and invoice, and you will be approved with one POA; the above is a complaint case against that kind of spoof trademark infringement. If you have truly infringed on a trademark, you will have no choice but to delete the infringing words, admit your mistake, and implore the rights holder to withdraw the lawsuit, or find a way to provide a rights authorization letter and invoice. If you are sued by a law firm for trademark infringement, the above method is invalid because the lawsuit has nothing to do with the platform and it is useless to appeal. You must find a lawyer to respond to the lawsuit as soon as possible or write an email to the plaintiff's lawyer to discuss a settlement. Otherwise, the money will be forcibly transferred and the inventory will be forcibly destroyed and the account will be closed after the time is up. You can also seek assistance from Darkness Descent Patent infringement complaints This usually happens when a seller uses his own patent to protect his rights, and the seller being complained about uses your patent to attack you, forcing you to withdraw the lawsuit. Some people have tried but failed because you did not follow the other party's ASIN in the background, so Amazon cannot determine whether the registrant or registered company of the patent can match and identify the identities of both companies or legal persons. This means that if you are the victim, then you need to follow his ASIN in the background and you can also use his patent to complain about his products. If a competitor complains about your product's patent infringement using your own patent, you should issue a patent authorization letter to yourself and submit it together with the invoice. The POA can be restored if it indicates that the complaint was made maliciously. How to resolve copyright infringement complaints on independent websites False withdrawal: If you are sure that you are being spoofed by a peer, rather than the real right holder, then the fastest way to recover is to make a false withdrawal; write directly to [email protected]. This can also be recovered quickly, even as fast as 1-2 hours! But it should be warned that this only applies to the kind of spoofs by peers. If the real right holder is legally defending his rights, this method must not be used, and there is a high probability that it will be judged as fraud; so those malicious infringing sellers should not consider this method. Backstage appeal: This will be relatively slower; but please note: "Don't admit infringement when you appeal for the first time. Click the false positive below and click here to submit Amazon's DMCA template. If the weight of your ASIN is high enough, you will be able to recover quickly after clicking. However, if the "Submit More" option appears, you will need to produce supporting materials." The first thing is to prove that your product was put on the shelves earlier than his. You can ask Shopify's online customer service and ask him to complain about the listing time of your link to prove that your ASIN was put on the shelves earlier than his. Other independent websites have similar ideas. Anyway, as long as you can provide information with a timestamp, it can be used. Then you need to prove that the other party copied your pictures or descriptions. This kind of proof often requires information from your picture production process and the original records of your listing editing, such as the time information in the doc document attributes. You can also use your own brand independent website as an auxiliary explanation; another way is to modify your own description and pictures before submitting DMCA. |
