How to determine the specific cause of copyright infringement

How to determine the specific cause of copyright infringement

In the actual operation process, the risk of infringement is everywhere. When encountering infringement complaints, the products will often be removed from the shelves immediately. Amazon’s infringement email will not tell you the specific reasons for the infringement. Unless you stop selling this product, you must find the specific reasons for the infringement in a timely and accurate manner, explain the differences between our products and the infringement, and file a complaint in a timely manner. This will greatly increase the success rate of your complaint.

Example analysis (copyright infringement):

According to the reference links when developing this product:

1. The following picture is a supplier picture used as a reference during the previous development. The background has been changed, but the overall layout structure of the product is the same; the design of the product itself, red and black plaid + (snowflakes, snowmen, elk and Santa Claus) elements are also exactly the same. The link has now become a dog;

2. The seller's product is currently on sale normally. The overall layout and product display of the product are very similar to our product. The only difference is the pattern on the product, which is currently on sale normally. Therefore, it is preliminarily determined that the infringement has nothing to do with the design of the red and black plaid + upper wool and lower plaid fabric;

3. The following two products only have different patterns. Although they also have elements of snowman, elk and Santa Claus, they are currently on normal sale. Therefore, it is preliminarily determined that the infringement has nothing to do with the design of red and black plaid + upper wool and lower plaid fabric, and the four types of elements;

4. According to the search results of the keyword "christmas stocking" on the Amazon platform, the red and black plaid + wool upper and plaid lower + 4 elements (snowman, Santa Claus, elk and snowflake) designs are all sold normally, and there are many top rankings, but the products with the same four elements as our Christmas stockings have not been found yet;

5. As for the supplier, it is only responsible for domestic sales and is not aware of foreign infringements. No other customers have reported infringement issues with this product yet;

In summary, the copyright infringement of this product is preliminarily judged to be infringement of the copyright of the element design pattern;

First, it is recommended that sellers immediately remove related products from the shelves, but there is no need to blindly remove such peripheral products;

Second, it is recommended that the salesperson actively contact the complaining seller and Amazon customer service to resolve the infringement issue of the product;

Third, it is recommended that development and procurement contact the supplier of the product to see if other sellers have encountered such problems;

Fourth, if your products are not very similar and you want to continue selling them, you need to accurately explain to customer service the differences between your products and patented products to increase the approval rate of your appeal.

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