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Counter DMCA Take Down
I have a design that I created myself and I know that it does not infringe on anybody’s existing copyright/trademark. I am not sure how the seller was able to convince amazon otherwise, but they pulled our listing nonetheless.
My question is, is there a way to counter the claim?
If so, please let me know how to proceed.
thank you
-Chuck
2 replies
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Procedure for Submitting a Counter-Notice Pursuant to the DCMA
If one of your listings is removed due to a rights owner complaint of copyright infringement under the Digital Millennium Copyright Act (DMCA), and you believe the content referenced in the complaint is not infringing, you may provide a written counter-notice to our Copyright Agent.
The counter-notice must include the following information:
Identify the material that was removed or disabled, and the location where it appeared before it was removed or disabled
A statement by you declaring under penalty of perjury that you have a good faith belief that the material at issue was either misidentified or mistakenly removed
Your name, address and telephone number
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the complaint set forth above (if you are located outside of the United States, you must state that you consent to the jurisdiction of any United States federal district court in which we may be found)
Your physical or electronic signature
Please be aware that false statements in your written counter-notice may lead to civil or criminal penalties.
Our Copyright Agent can be reached as follows:
Copyright Agent
Amazon Legal Department
P.O. Box 81226
Seattle, WA 98108
Phone: (206) 266-4064
Fax: (206) 266-7010
E-mail: counter-notice@amazon.com
Courier Address:
Copyright Agent
Amazon.com Legal Department
2021 7th Avenue
Seattle, WA 98121 USA
Once we receive a valid counter-notice, our Copyright Agent will forward the information you provide to the party who filed the complaint (“Claimant”). If the Claimant does not file a lawsuit with respect to the content within 10 days, we will reinstate the content.
To learn more about our policies regarding intellectual property, see Intellectual Property Violations.
https://sellercentral.amazon.com/gp/help/help.html/?itemID=G201361070&ref_=xx_G201361070_a_r0_cont_sgsearch
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