How to counter claim on trademark complaint
I have one trademark complaint, and one listing got removed. I have sent emails to notice-dispute@amazon.com with their generic reply again and again. Then I sent the counter claim email to counter-notice@amazon.com twice today, both with same reply as following:
Thank you for your e-mail. The counter-notice procedure only pertains to notices of copyright infringement submitted pursuant to the Digital Millennium Copyright Act (DMCA). The notices relating to the items identified below were claims of trademark infringement.
We ask that you please resolve this matter directly with the party that made the original claim. Please find this party’s contact information below:
If you are able to resolve this matter with the claimant, please have them contact us at notice-dispute@amazon.com to retract their notice. If you are unable to resolve and wish to appeal the matter, please also contact notice-dispute@amazon.com and provide evidence to support your appeal.
Regards,
Amazon.com DMCA Counter-Notice Team
The counter claim email is similar to https://sellercentral.amazon.com/forums/t/only-took-me-2-5-years-6-appeals-and-4-four-test-buy-to-get-ipv-reversed/295939
Is there any advice on how to counter claim on trademark complaint?
Thanks!
22 replies
Seller_TDUBmq5zVK0Ah
I posted two sample letters - one mentions copyright and DMCA in the text and cites US Code, the other one for TM does not mention TM or USCode. You need to use the TM one, its a couple pages in.
Seller_mPcPEjFxxAGfB
Please get an IP lawyer to write a simple counter-claim letter for you, even if it cost you $200. That will put Amazon on notice that you are serious about this and are willing to fight it out legally. The lawyer will likely want to send multiple notices out in certified mail to their legal department, and demand to send it to the original complainant’s lawyer.
In most cases, these guys don’t even have a proper US IP lawyer. If they are bluffing, call their bluff. It may be the best $200 or $300 you spent when you watch their case fold like a cheap suit. (pun intended).
- Hope this helped, and Good Luck!
Seller_n4shC9EMd3XuA
Amazon should have a policy wherein if you file a false IP infringement claim, you get your account shut down the same amount of time your competitors listing was shut down due to your claim. That would put a stop to all this IP nonsense.
Seller_dqVIaIi6xarNS
- This is not a criminal matter. Its civil.
- I wish i could see the trademark you are using and the trademark they claim you are infringing on. It would clear it up a bit. I would bet that you are infringing. the whole “confusingly similar” allegation is probably in play here.
Perjury only applies to court proceedings.
Seller_jZWpyInw8RkYT
Wait wait wait, @Paul-JCP–you are trying to counter a claim of trademark violation against Velcro?
But you are saying that your product listing did not include “Velcro”?
I’m confused–TIA for clarifying!
Seller_dqVIaIi6xarNS
Im not going to go into all the uses that Velcro Industries has and why you are infringing. All i can say is that this is a slam dunk for them. Note: “fabrics and textiles and substitutes therefor” VELCRO is a trademark. Absolutely “Confusingly Similar” End of story. Sorry.
Word Mark VELCRO
Goods and Services IC 024. US 042 050. G & S: fabrics and textiles and substitutes therefor; namely, woven, molded or extruded synthetic material having a surface of hooks and woven synthetic material having a surface of loops. FIRST USE: 19560000. FIRST USE IN COMMERCE: 19560000
Registration Number 1705079
Seller_dqVIaIi6xarNS
Suggest using “Easy release feature to remove and re-apply”
“Hook n’ Loop” has already been applied for as a trademark… You cant use that either.
Seller_0pAJMlDBPzRUD
Where is a link to the letter for TM dispute?
How to counter claim on trademark complaint
I have one trademark complaint, and one listing got removed. I have sent emails to notice-dispute@amazon.com with their generic reply again and again. Then I sent the counter claim email to counter-notice@amazon.com twice today, both with same reply as following:
Thank you for your e-mail. The counter-notice procedure only pertains to notices of copyright infringement submitted pursuant to the Digital Millennium Copyright Act (DMCA). The notices relating to the items identified below were claims of trademark infringement.
We ask that you please resolve this matter directly with the party that made the original claim. Please find this party’s contact information below:
If you are able to resolve this matter with the claimant, please have them contact us at notice-dispute@amazon.com to retract their notice. If you are unable to resolve and wish to appeal the matter, please also contact notice-dispute@amazon.com and provide evidence to support your appeal.
Regards,
Amazon.com DMCA Counter-Notice Team
The counter claim email is similar to https://sellercentral.amazon.com/forums/t/only-took-me-2-5-years-6-appeals-and-4-four-test-buy-to-get-ipv-reversed/295939
Is there any advice on how to counter claim on trademark complaint?
Thanks!
How to counter claim on trademark complaint
I have one trademark complaint, and one listing got removed. I have sent emails to notice-dispute@amazon.com with their generic reply again and again. Then I sent the counter claim email to counter-notice@amazon.com twice today, both with same reply as following:
Thank you for your e-mail. The counter-notice procedure only pertains to notices of copyright infringement submitted pursuant to the Digital Millennium Copyright Act (DMCA). The notices relating to the items identified below were claims of trademark infringement.
We ask that you please resolve this matter directly with the party that made the original claim. Please find this party’s contact information below:
If you are able to resolve this matter with the claimant, please have them contact us at notice-dispute@amazon.com to retract their notice. If you are unable to resolve and wish to appeal the matter, please also contact notice-dispute@amazon.com and provide evidence to support your appeal.
Regards,
Amazon.com DMCA Counter-Notice Team
The counter claim email is similar to https://sellercentral.amazon.com/forums/t/only-took-me-2-5-years-6-appeals-and-4-four-test-buy-to-get-ipv-reversed/295939
Is there any advice on how to counter claim on trademark complaint?
Thanks!
22 replies
22 replies
Seller_TDUBmq5zVK0Ah
I posted two sample letters - one mentions copyright and DMCA in the text and cites US Code, the other one for TM does not mention TM or USCode. You need to use the TM one, its a couple pages in.
Seller_mPcPEjFxxAGfB
Please get an IP lawyer to write a simple counter-claim letter for you, even if it cost you $200. That will put Amazon on notice that you are serious about this and are willing to fight it out legally. The lawyer will likely want to send multiple notices out in certified mail to their legal department, and demand to send it to the original complainant’s lawyer.
In most cases, these guys don’t even have a proper US IP lawyer. If they are bluffing, call their bluff. It may be the best $200 or $300 you spent when you watch their case fold like a cheap suit. (pun intended).
- Hope this helped, and Good Luck!
Seller_n4shC9EMd3XuA
Amazon should have a policy wherein if you file a false IP infringement claim, you get your account shut down the same amount of time your competitors listing was shut down due to your claim. That would put a stop to all this IP nonsense.
Seller_dqVIaIi6xarNS
- This is not a criminal matter. Its civil.
- I wish i could see the trademark you are using and the trademark they claim you are infringing on. It would clear it up a bit. I would bet that you are infringing. the whole “confusingly similar” allegation is probably in play here.
Perjury only applies to court proceedings.
Seller_jZWpyInw8RkYT
Wait wait wait, @Paul-JCP–you are trying to counter a claim of trademark violation against Velcro?
But you are saying that your product listing did not include “Velcro”?
I’m confused–TIA for clarifying!
Seller_dqVIaIi6xarNS
Im not going to go into all the uses that Velcro Industries has and why you are infringing. All i can say is that this is a slam dunk for them. Note: “fabrics and textiles and substitutes therefor” VELCRO is a trademark. Absolutely “Confusingly Similar” End of story. Sorry.
Word Mark VELCRO
Goods and Services IC 024. US 042 050. G & S: fabrics and textiles and substitutes therefor; namely, woven, molded or extruded synthetic material having a surface of hooks and woven synthetic material having a surface of loops. FIRST USE: 19560000. FIRST USE IN COMMERCE: 19560000
Registration Number 1705079
Seller_dqVIaIi6xarNS
Suggest using “Easy release feature to remove and re-apply”
“Hook n’ Loop” has already been applied for as a trademark… You cant use that either.
Seller_0pAJMlDBPzRUD
Where is a link to the letter for TM dispute?
Seller_TDUBmq5zVK0Ah
I posted two sample letters - one mentions copyright and DMCA in the text and cites US Code, the other one for TM does not mention TM or USCode. You need to use the TM one, its a couple pages in.
Seller_TDUBmq5zVK0Ah
I posted two sample letters - one mentions copyright and DMCA in the text and cites US Code, the other one for TM does not mention TM or USCode. You need to use the TM one, its a couple pages in.
Seller_mPcPEjFxxAGfB
Please get an IP lawyer to write a simple counter-claim letter for you, even if it cost you $200. That will put Amazon on notice that you are serious about this and are willing to fight it out legally. The lawyer will likely want to send multiple notices out in certified mail to their legal department, and demand to send it to the original complainant’s lawyer.
In most cases, these guys don’t even have a proper US IP lawyer. If they are bluffing, call their bluff. It may be the best $200 or $300 you spent when you watch their case fold like a cheap suit. (pun intended).
- Hope this helped, and Good Luck!
Seller_mPcPEjFxxAGfB
Please get an IP lawyer to write a simple counter-claim letter for you, even if it cost you $200. That will put Amazon on notice that you are serious about this and are willing to fight it out legally. The lawyer will likely want to send multiple notices out in certified mail to their legal department, and demand to send it to the original complainant’s lawyer.
In most cases, these guys don’t even have a proper US IP lawyer. If they are bluffing, call their bluff. It may be the best $200 or $300 you spent when you watch their case fold like a cheap suit. (pun intended).
- Hope this helped, and Good Luck!
Seller_n4shC9EMd3XuA
Amazon should have a policy wherein if you file a false IP infringement claim, you get your account shut down the same amount of time your competitors listing was shut down due to your claim. That would put a stop to all this IP nonsense.
Seller_n4shC9EMd3XuA
Amazon should have a policy wherein if you file a false IP infringement claim, you get your account shut down the same amount of time your competitors listing was shut down due to your claim. That would put a stop to all this IP nonsense.
Seller_dqVIaIi6xarNS
- This is not a criminal matter. Its civil.
- I wish i could see the trademark you are using and the trademark they claim you are infringing on. It would clear it up a bit. I would bet that you are infringing. the whole “confusingly similar” allegation is probably in play here.
Perjury only applies to court proceedings.
Seller_dqVIaIi6xarNS
- This is not a criminal matter. Its civil.
- I wish i could see the trademark you are using and the trademark they claim you are infringing on. It would clear it up a bit. I would bet that you are infringing. the whole “confusingly similar” allegation is probably in play here.
Perjury only applies to court proceedings.
Seller_jZWpyInw8RkYT
Wait wait wait, @Paul-JCP–you are trying to counter a claim of trademark violation against Velcro?
But you are saying that your product listing did not include “Velcro”?
I’m confused–TIA for clarifying!
Seller_jZWpyInw8RkYT
Wait wait wait, @Paul-JCP–you are trying to counter a claim of trademark violation against Velcro?
But you are saying that your product listing did not include “Velcro”?
I’m confused–TIA for clarifying!
Seller_dqVIaIi6xarNS
Im not going to go into all the uses that Velcro Industries has and why you are infringing. All i can say is that this is a slam dunk for them. Note: “fabrics and textiles and substitutes therefor” VELCRO is a trademark. Absolutely “Confusingly Similar” End of story. Sorry.
Word Mark VELCRO
Goods and Services IC 024. US 042 050. G & S: fabrics and textiles and substitutes therefor; namely, woven, molded or extruded synthetic material having a surface of hooks and woven synthetic material having a surface of loops. FIRST USE: 19560000. FIRST USE IN COMMERCE: 19560000
Registration Number 1705079
Seller_dqVIaIi6xarNS
Im not going to go into all the uses that Velcro Industries has and why you are infringing. All i can say is that this is a slam dunk for them. Note: “fabrics and textiles and substitutes therefor” VELCRO is a trademark. Absolutely “Confusingly Similar” End of story. Sorry.
Word Mark VELCRO
Goods and Services IC 024. US 042 050. G & S: fabrics and textiles and substitutes therefor; namely, woven, molded or extruded synthetic material having a surface of hooks and woven synthetic material having a surface of loops. FIRST USE: 19560000. FIRST USE IN COMMERCE: 19560000
Registration Number 1705079
Seller_dqVIaIi6xarNS
Suggest using “Easy release feature to remove and re-apply”
“Hook n’ Loop” has already been applied for as a trademark… You cant use that either.
Seller_dqVIaIi6xarNS
Suggest using “Easy release feature to remove and re-apply”
“Hook n’ Loop” has already been applied for as a trademark… You cant use that either.
Seller_0pAJMlDBPzRUD
Where is a link to the letter for TM dispute?
Seller_0pAJMlDBPzRUD
Where is a link to the letter for TM dispute?
