How to WIN a copyright dispute! Proper DMCA Counter Notice format!


#57

@Custom_Art_Online We just received one of these notices today via Amazon. We contacted Amazon and they would not give us any details and referred us to the person lodging the complaint. When we reached out to them they would not give us the copyright registration or serial numbers to said infringement and told us to contact Amazon. I’m thinking they just filed a false claim due to them not providing any sort of proof. What do you think?


#58

Here here Dan!


#59

Thanks a bunch Custom_Art_online.

I haven’t received any message in Performance Notifications nor email notification. Yet, Amazon just blocked one of my top sellers in an evening. All I see is the Amazon dog.

Account Health shows “Received Intellectual Property Complaints” = 1

I own the trademarks, design own products, take the photos by an old camera. This is such a dirty game by don’t know who/ what.


#60

It can happen. One or the other, or even both.

Been there. It is extremely disturbing. Just follow the DMCA procedure and you’ll be OK.


#61

Hello Custom_Art_Online

I followed the DMCA counter notice procedure above and received Amazon response that, it’s a patent infringement.

I seriously don’t believe we have infringed anyone’s design. The only setback is that, I didn’t file patent right when the product was launched 5 years ago.

Do you have any remedy or counter action to the patent infringement claim?

What victimized seller can do to bring the culprit to jusdice?
With a xxx@msn.com email address, can a lawyer act to haul the culprint to court?
Amazon isn’t giving the company/person name nor what kinda patent is being infringed.

Thank you in advance to your kind support.


#62

Im on day 12 also. How did they finally reach you? and reinstate the ASIN? They are not answering the phone or returning my emails. TIA Lisa


#63

Were you able to get your listing reinstated? how many days after you submitted the DMCA counter notice did your listing get activated again?
Tks, Rick


#64

I write exactly like you but why they refuse. Please help me
"Hello,

We have received your counter-notice and have determined that the counter notice is not compliant with the Digital Millennium Copyright Act (“DMCA”). We are unable to take action without a DMCA compliant counter-notice.

If you continue to have a complaint, please send us a revised written counter-notice. The counter notice must contain the following information:

  1.        The ASIN of the material that was removed or disabled, and the location where it appeared before it was removed or disabled;
    
  2.        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;
    
  3.        Your name, address and telephone number;
    
  4.        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); and
    
  5.        Your physical or electronic signature.
    

Please be aware that any false statements in your written counter-notice may lead to civil or criminal penalties.
Please forward a copy of your DMCA compliant counter-notice to the attention of Amazon Copyright Team at counter-notice@amazon.com.
Regards,
Amazon.com DMCA Counter-Notice Team"


#65

Excellent. We had a mistake report from PhilipsNorelco.

Philips wouldn’t retract there complaint but they did mention Amazon had too many listings and it wasn’t our fault, and we proved to Philips our inventory was legit.

We had to remove all our inventory and reship under a different ASIN but we got the removal fees covered and some items were damaged on return so we were paid for them.

Thank you so much for this. It worked.


#66

@Custom_Art_Online,

If you have templates for trademark, could you share?

Thanks in advance


#67

You don’t need to register copyright or its in the public domain… and there is no “fair use” in commercial merchandising.

Filing a false counter notice actually opens you up for serious financial loss.

No one should follow this advice sorry. And all the people blindly following this without even knowing what it says, its a federal crime…


#68

Hello,

Thanks for sharing this. Do you think it works for someone living outside US but selling on amazon us?

Also, I received a complaint of copyright infringement but it was never specified what I have infringed. I suspect it might be a competitor, since my 2 asins have been selling quite well, even when amazon is the dominant seller.

For what I understood in your plan of action (and English not being my language nor the laws in US): You replied asking for specific documents and explanation on what was infringed and if the complaint is false just to take your listings down, the complainer might not be able to gather all those docs proving of your infringement and seeing this serious content might make your fight back look more serious. Is that right, what I’m saying here?


#69

Please share those as well, would be really helpful!


#70

Will you guys please let this thread die? If you have an issue that you need help with, please open a new thread so people do not have to read a thread from January to get to your issue.


#71

awright ! so this should work w/ private label sellers?


#72

@Custom_Art_Online I too received the same email back almost instantly from Amazon as @BBGroup on 15th July

Any advice, I resent the requested information as per the email request but got the same automated response again


#74

HI I don’t see the process it is cut off at step 5. Can someone please re attach it. I am in desperate need. I just got a policy warning.


#75

This only works with copyright dispute or it will work with Infringement type: Counterfeit?


#76

hi , i made a claim but they reply me with this
Hello,

We have received your counter-notice and have determined that the counter notice is not compliant with the Digital Millennium Copyright Act (“DMCA”). We are unable to take action without a DMCA compliant counter-notice.

If you continue to have a complaint, please send us a revised written counter-notice. The counter notice must contain the following information:

  1.        The ASIN of the material that was removed or disabled, and the location where it appeared before it was removed or disabled;
    
  2.        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;
    
  3.        Your name, address and telephone number;
    
  4.        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, Amazon.com, may be found); and
    
  5.        Your physical or electronic signature.
    

Please be aware that any false statements in your written counter-notice may lead to civil or criminal penalties.
Please forward a copy of your DMCA compliant counter-notice to the attention of Amazon Copyright Team at counter-notice@amazon.com.
Regards,
Amazon.com DMCA Counter-Notice Team

I sent all what they said they still reject please note im from Canada

this is my counter-notice:
Dear Amazon.com Legal Department:
This letter is a formal response to a claim of copyright infringement against
ASIN B005GBHQ32 - Complaint ID: 66******1 received on November
**-2019 , that were uploaded and published on Amazon.com. I believe
the claims of copyright infringement made by hongyu.tang@ux168.cn are
inaccurate and should be rejected because:
The material in question is not copyrighted, or the copyright has expired in
the United States of America. It is therefore in the public domain and may
be reproduced by anyone.
The complainant has provided no copyright registration information or
other tangible evidence that the material in question is in fact copyrighted,
and I have a good faith belief that it is not. The allegation of copyright
violation is therefore in dispute, and at present unsupported.
The complainant does not hold the copyright to the material in question, is
not the designated representative of the copyright holder, and therefore
lacks standing to assert that my use of the material is a violation of any of
the owner’s rights.
My use of the material is legally protected because it falls within the “fair
use” provision of the copyright regulations, as defined in 17 USC 107. If
the complainant disagrees that this is fair use, they must work directly with
me, though legally viable channels, to resolve the
dispute. Amazon.com and its employees under no obligation to settle this
dispute, or to take any action to restrict my speech at the behest of this
complainant.
The complaint does not follow the prescribed form for notification of an
alleged copyright violation as set forth in the Digital Millennium Copyright
Act, 17 USC 512©(3). Specifically, the complainant has failed to:
· Provide a complaint in written form. [17 USC 512©(3)(A)]
· Include a physical or electronic signature of the complainant. [17
USC 512©(3)(A)(i)]
· Identify the specific copyrighted work claimed to be infringed, or, if
multiple copyrighted works are covered by a single complaint, provide a
representative list of such works. [17 USC 512©(3)(A)(ii)]
· Provide the URLs for the specific files on my web site that are
alleged to be infringing. [17 USC 512©(3)(A)(iii)]
· Provide sufficient information to identify the complainant, including
full name, mailing address, telephone number, and email address. [17
USC 512©(3)(A)(iv)]
· Include a written statement that the complainant has a good faith
belief that use of the disputed material is not authorized by the copyright
owner, its agent, or the law. [17 USC 512©(3)(A)(v)]
· Include a written statement that the information in the notification is
accurate, and under penalty of perjury, that the complainant is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. [17 USC 512©(3)(A)(vi)]
This communication to you is a DMCA counter notification letter as defined
in 17 USC 512(g)(3):
I declare, under penalty of perjury, that I have a good faith belief that the
complaint of copyright violation is based on mistaken information,
misidentification of the material in question, or deliberate misreading of the
law.
I ask that Amazon.com, upon receipt of this counter-notification, restore
the material in dispute, unless the complainant files suit against me within
ten (10) days, pursuant to 17 USC 512(g)(2)(B).
My name, address, and telephone number are:


Canada

I hereby consent to the jurisdiction of any United States federal district court in which we may be found
I agree to accept service of process from the complainant.
Best regards,
signature …yes


#77

Thank you so much for all of your guidance on this issue. Do you have to reach back out to amazon after 10 Days, is it a true 10 days or 10 business days?

Thank you.