My Amazon account was deactivated after I received a copy right infringement complaint from (zag@brandshield.com), however there is no copyright infringement in my product, and I am sure this complaint was made by a competitor. I made several appeals but was never reactivated. Now I’m aware of the DMCA counter notice. But I’m not sure how to utilise it; I contacted Amazon (counter-notice@amazon.com) but received no answer. So, I’ve come up with another solution, but I’m not sure whether it will work or not. That approach requires me to Fax my DMCA counter notice to Amazon’s legal staff, after which Amazon will take action. Will this method be effective?
Brandshield is a legitimate company that offers brand protection services for many companies and does vet clients to make sure they actually own the intellectual property rights. If the complaint was from a competitor, they are a brand owner that has paid a not insignificant amount to have brandshield monitoring e-commerce sites. Zag is entertainment is the source of the complaint. What were you selling? Did you use any of their trademarked characters or shows?
DMCA counter notice is not going to save you when the complaint is from a company with a large legal staff. They will not hesitate to file a lawsuit in response like small sellers may and if you lose in court or do not show up in New York where they file for any hearing (in which case you lose by default), you are going to be out a lot of money and if it is determined you did indeed infringe, you may even be charged with perjury for submitting a false DMCA counter notice (which is done under penalty of perjury).
Legal representation is part of the package that Zag paid for when they hired Brand Shield.
Hello @mct12,
Thank you for posting on seller forums platform with your concern.
I’ve reviewed your post and understood that the issue is with respect to copyright.
However, we request you to kindly share the main notification email you received with respect to the policy violation for better assistance.
We look forward to hear from you.
Thanks,
Diana