Copyright Infringement, Amazon now asking for proof of lawsuit?


#1

Hi,

A foreign seller is selling an item through FBA that is in direct violation of our copyrighted work. This was confirmed with a test order.

We have this copyright registered in the USA and submitted a infringement report with amazon. Amazon removed the listing in question, but the seller appealed this decision. They claimed they are not infringing and Amazon is now asking us for proof of a lawsuit within 10 days or they will reinstate the sellers listings.

This seller is not located in the USA and are in Europe. It’s pretty much impossible for us to start a lawsuit in Europe, and they have no USA ties except for shipping item to Amazon Warehouse for FBA.

Is there anything else we can do?


#2

Replying with all your proof that it is in fact a counterfeit. Amazon will side with you and dismiss there counter claim.


#3

What proof? The copy of our copyright registration? We also have proof of a sale to this seller years ago, they then copied our materials and started selling knockoffs.

This is what amazon wrote to us:

Hello,

We have received the below counter-notice to your report of posting, hosting and/or distributing unlicensed copyright protected material on our network. We will allow this material to be accessible, unless you provide us with notice that a lawsuit has been filed within 10 business days. Please ensure a copy is sent to counter-notice@amazon.com to help ensure efficient processing.

Regards,


#4

It appears the other seller may have proved to Amazon it falls under the First Sale doctrine. It looks like it is time for you to hire a lawyer.


#5

Time for legal advice. Your attorney will know how to word your reply.

Also, Filing a lawsuit is easy, anyone can do it, any where, any time

Prosecuting and winning a lawsuit is much harder

Actually collecting a penny of the award you receive? Sometimes Impossible


closed #6

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