Only took me 2.5 years, 6 appeals, and 4 four test-buy to get IPV reversed


#1

Success against the Trademark Troll Toogoo/Sodial. After writing, faxing, email, contacting exec support, doing test buys Amazon finally agreed that IP claim sent from a gmail account was bogus. Given the the appeal was granted at 12:24 am after sending it at 11 pm, it clear that Amazon US is no longer in the loop about IPV claims.

This was not a high priority for me after the 1st month, so I just appealed it when the mood struck me.

Amazon is still ignoring that Toogoo/Sodial is operating at least 3 seller accounts and has created 140,000 bogus listings.

Now I have to deal with Uxcell and Overseasmall. I will drink from the skulls of my enemies.


Here is the letter I have been sending over and over and over and over to Amazon - feel free to use it…

Copyright Agent
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108-1226

Jan 22 2017

RE: Mistaken Removal

Dear Copyright Agent;

Please find attached to this letter a list of material removed by you pursuant to 17
U.S.C. Section 512. I have a good faith belief that this material was removed or disabled
in error as a result of mistake or misidentification of the material. I declare that this is
true and accurate under penalty of perjury under the laws of the United States of
America.

Toogoo-top.com claims are invalid, libelous, and a criminal act of perjury. The product represented by ASIN is a generic product that is not trademarked. This is clearly shown in the product picture.
The product picture is not the intellectual property of Toogoo-top.com, it is a public domain image contributed by myself.
Toogoo-top.com has a history of submitting false infringement claims against me and other sellers on Amazon.
Toogoo-top.com has a history of abusive listing practices on Amazon.
Toogoo-top.com operates multiple seller accounts on Amazon in violation of Amazon policy (accts GO CAROL and CLEVER EDGAR).

For the purposes of this matter, I consent to the jurisdiction of the Federal District
Court for the judicial district in which I reside. I also consent to service of process
by the person providing notification under Section 512©(1)© or that person’s agent.
However, by this letter, I do not waive any other rights, including the ability to pursue an
action for the removal or disabling of access to this material, if wrongful.

Having complied with the requirements of Section 512(g)(3), I remind you that
you must now replace the blocked or removed material and cease disabling access to it
within fourteen business days of your receipt of this notice. Please notify me when this
has been done.

I appreciate your prompt attention to this matter. If you have any questions about
this notice, please do not hesitate to contact me.
Sincerely,
The Schadenfreudist


Consistent FAKE Infringement Reports
Dealing with false infrigement claims
How to counter claim on trademark complaint
Copyright infringement filed by scammer for product we don't sell, Amazon demands proof of product authenticity
Threatening message from a Chinese competitor
Intellectual Property Complaints
Somebody reported copyright infringement, and Amazon is stupid!
Double Jeopardy
Policy warning - Suggestions?
We still need more information about your plan to address rights owner complaints
Infringement Claim for Compound Word that existed in the listing but with a space
Appealing Notice: Policy Warning Advice
Policy warning - Suggestions?
#2

Proud of you. Keep it up.


#3

As you indicate, these products are generic and have no trademarking whatsoever. So why are Amazon accepting the fake takedown notices when by definition they cannot have any evidence? Why is it then impossible to appeal the takedown notice? That is what unscrupulous sellers have been exploiting, primarily since summer last year.


#4

They have been exploiting since 2014, you just happened to get in the crosshairs a year ago . My advice is be as unethical as they are. This is WAR. There are tactics that just can not be discussed here, because Amazon is not really neutral. Hurt them, any way you can, because they will and have already done so to me, you, and many of your fellow americans.


#5

Well done.


#6

Congrats !


#7

Excellent work, Schaden! I’ve been following your mentions of TooGooP with great interest since last year.

Shine Hai next?


#8

They are not on my radar. yet


#9

So as PS to this. literally hours after winning this IPV appeal, I got another IPV on a different ASIN, equally bogus (from some claiming to be named Manual, who email address Detec-Eric at a freemail service (guess they also use the address to claim to be a police detective when it suits them).

Appealed by email, appeal was granted and then ungranted 45 minutes later.
Also plunked down close to $6.00 to send a certified letter to Amazon legal, with in hours of them getting and signing for the letter the appeal was re-approval, and I got a email from the amazon legal (a copy of the email they sent to “Detective” Eric or manual or whatever.

Amazon seems to take certified mail very seriously.
This is what they sent the complainer within hours of getting my letter.

"We have received the attached 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. "

So if you get a lot of these bogus IPV I suggest keeping a hand full of certified mail forms on hand.

I find it distasteful that although Amazon will not share “Manual’s” contact info (except email) they forwarded Manual all my contact info (name, address, email, phone #)


#10

Considering your previous posts regarding the present hardship of selling on Amazon, wouldn’t your efforts be better utilized in increasing sales ?


#11

It’s your time.


#12

This was already in the works, so no reason not to share a Pyrrhic Victory.


#13

Problem I’m seeing at the moment is that Amazon are not actioning retraction emails sent from the supposed “rights owners”? What’s going on with that… Amazon say get whoever the (usually fake) complainer to retract, which then happens, but Amazon ignore the correspondence? That’s definitely a catch-22, whatever you do you’re stuck!


#14

Thanks for the Address to the AZ “Legal Department”…

It May Come in Handy Someday…?


#15

WOW! You did it You are our hero!!!


#16

Amazon does not appear to act on ANY emails spent to retract claims. All those emails go to India and are handle by a 3rd party compliance firm that no interesting in complying with US civil code. Email is NOT the way to deal with this.


#17

Its public info, all over Amazon’s legal info pages.


#18

People keep IM me for the letter template. so I am bumping this thread.


#19

Pretty much, I also included the name and address of the real TM owner, mentioned they are a $7,000,000,000 company and likely do not use “hotmail” for legal communication with other multi billion dollar companies like Amazon.

The only lawyers who would use HOtmail would be the Firm of Lionel Hutz
!http://abovethelaw.com/wp-content/uploads/2014/08/Lionel-Hutz-Law-Simpsons-Court.jpg!

But even after Amazon Accepted that CC-Notice, then went ahead and accept 4 more IPV claim from the same email address a month later Detec-Eric - although they did have the sense to accept my fax’d counter claim 20 mins after I faxed it and did not make me waste $6 on a certified letter.


#20

Did you use the same email format for the bogus claim from Detec-Eric?

Thanks.