Somebody reported copyright infringement, and Amazon is stupid!


#1

Hi,

I got a copyright infringement report from Amazon. Some of my competitor claimed it.

How should I solve this problem?

  1. I got a copyright document from my manufacturer
  2. The copyright claimer does not provide me with detailed copyright information
  3. Stupid Amazon.com is saying the same thing repeatedly.

The detailed story is below…

So I contacted the reportedly copyright owner to check if he’s a real copyright owner. And he said he owns the design copyright, and sent me a copyright number like ‘1-600890010’… So I looked up the US copyright office, but no result came out and I found that the number was not even in copyright number format! Copyright number should be like ‘VAU000598764’ or ‘SR0000320918’.

So I contacted my manufacturer to see if they have a copyright document, and Yes! they have a copyright document and sent it to me!

So I reported back to Amazon.com, which is notice-dispute@amazon.com
But the problem is that they always reply with the same content!!

Firstly, I asked them to send me a copyright information that they got from the copyright owner because the ‘real’ copyright owner didn’t provide me any document but a stupid number.
But Amazon replied saying ‘We cannot accept your appeal, please provide a valid retraction dicrectly from copyright owner…

So I sent an e-mail again, saying ‘Did you even read my mail? The Copyright Owner is not providing me with any information! If nobody can check if he’s a real owner, how should I resolve this case! Please send me any information!’
And again, amazon replied… ‘We cannot accept your appeal, please provide a valid retraction dicrectly from copyright owner…

So I sent again, ‘Are you a robot? I wonder how you are going to respond to this’. and they didn’t reply.

Finally, I got a copyright document from my manufacturer, I attached it to e-mail and sent it to notice-dispute@amazon.com. And of course, this time again, they replied, ‘We cannot accept your appeal, please provide a valid retraction dicrectly from copyright owner…
The exactly same stupid content.

How should I solve this problem?

  1. I got a copyright document from my manufacturer
  2. The copyright claimer does not provide me with detailed copyright information
  3. Stupid Amazon.com is saying the same thing repeatedly.

I handed in the copyright document from my manufacturer. But Amazon is receiving only retraction directly from the ‘copyright owner’. But the ‘copyright owner’ is not providing any information. In this loop, what should I do?
And why does Amazon work like this? Are they even human? Can they read English? I’m so surprised that Amazon is so indifferent to seller-related issues.

Thank you.


#2

You must be really new…

Amazon requires a retraction from the company that filed the claim. That is how it is. Also, A copyright does not have to be registered to be valid. No number is required.

It is up to each seller to ensure they are not infringing on others IP. If you are selling crap from China there is your answer. They have no IP laws that are enforced there. Here we do.


#3

https://sellercentral.amazon.com/gp/help/help.html/?itemID=G202017130&ref_=xx_G202017130_a_r0_cont_sgsearch&referral=A3V9MCNBC5IGO3_A2X0AB7AQN4IXK

Have fun.


#4

Amazon is smart. It has lawyers who understand the law.

If you infringe a copyright, trademark or patent, and Amazon is notified and allows you to continue to list it, Amazon can be sued for infringement.

If Amazon kills your listing after being notified, the purported rights owner and YOU have no case against them, not even if the report is a lie.


#5

so much bad information here. OP i understand your frustration. this has happened to many of us. anybody can contact Amazon and claim infringement without providing a shred of proof, and Amazon will shut down the listing without ever launching any investigation whatsoever. as for some claiming that Amazon is against IP infringement, they have NO CLUE what they are writing about. there was an explosive article to hit LA Times last month highlighting how Amazon has reaped huge gains from allowing Chinese sellers to sell cheaper knockoffs under branded listings.

at the end of the day there is no rhyme or reason to the whole IP infringement game. listing assassins play it all the time against competitors and win. Amazon is the wild wild west where the rules are not the rules. below is a letter i received this weekend from Amazon after shutting down a laundry list of ASINs because of an entity claiming infringement. i guess they were bleeding so much money they decided to disregard the IP claim and turn the spigot back on. where it gets more confusing is where someone in the department is unaware that the ASINs are being reinstated so they refuse to reinstate my listing demanding that i provide a letter from the claimant.

we are literally in Oz!

"Hello,

In our efforts to protect our community, we sometimes err on the side of caution. We are sorry for any inconvenience this has caused.

We reinstated the following content:

,

Sincerely,
Seller Performance Team


http://www.amazon.com"


#6

This reply is 50% correct, and missing the other half.

If you have an invoice, or order iD you can appeal it. You literally have to spell it out though. Sometimes you have to send the same email 5-10 times. It’s absurd. Competitors will claim you are infringing their trademark. Here’s the script I use that usually goes through. It will only go through if you actually have proof you are selling authentic products. If you are selling fake stuff no one can help ya…

This letter is regarding my Appeal for complaint ID: X

This letter is regarding ASIN: X

This letter is appealing the allegations stating that I am infringing on trademark number: X, and selling counterfeit products.

Attached is my proof of purchase for ASIN: X

– Clearly identify the specific item(s) under review

No problem. See attachment.

– Demonstrate purchase and listing quantities

Purchased 5 items, and listed 5 items

– Display condition

Brand New

– Are authentic and unaltered

These products are 100% authentic, and unaltered.

– Display required information, including supplier and buyer information, invoice date, and item descriptions and quantities

See attachment. Purchased from the original rights owner

– Were issued in the last 365 days

Purchased on September 20th, 2018

I value the respect of Amazon customers, and will continue to list authentic items and abide by Amazon’s TOS. Amazon States that it is an open market place and I was doing what I was rightfully allowed to do.

Please reinstate my listing as I am selling authentic products.


#7

I think OP is stating a competitor filed a false copyright infringement claim to stop sales. And, Amazon believing any email and fake claims takes down his listings.

This is what a fake copyright infrigement claim looks like.Dear amazon they are infringing please make them stop this is our number 123456 Our email is blah blah @ fake email dot com. Then amazon will email you saying you have infringed on someone s copyright/trademark please contact them at email blah blah at fake email dot com you have been suspended . How can you contact a fake company and fake email with a fake copyright number?
Unbelievable!


#8

The same thing happened to me. I am the owner of the artwork and design of my item. I sent Amazon a professional email with all of the required documents and I kept getting the same script emails back. Then a week or two later they emailed me saying they had investigated and reinstated my item. It took another week for my item to become officially active again in the system.

Now I am afraid of reporting the real infringers, worried that they will do this to me again and my account health will be negatively impacted. There should be a way to register your item as an official copyrighted product, to safeguard it from sabotagers. I am also registering for Transparency, but I doubt it will protect me from this.


#9

If you share or give us an idea what the product is, forum members can help you determine if the claim is legit and what direction you need to go.

stop emailing seller performance for answers.


#10

i am impressed by the solution oriented and understanding responses I’ve seen in this thread. typically not the case here. The_Party_Farty thank you for that letter. i am definitely going to archive it for later use because i am 100% certain i will come across more infringement claims that are accepted as truth by Amazon with no investigation.


#11

quick question for all on this thread. if OP has invoices, a documented copywrite letters why wouldn’t you turn the tables and claim on him?
along with calm way down and write a very specific appeal supported by the invoices and copyright document he was provided by his supplier.
depending on the product and supply chain, maybe his manufacturer could look into whether or not the complaintant would have access to the product.
still a lot of he said she said on this.


#12

Copyright, Trademark and Patent Infringement is NOT okay on Amazon. You obviously violated Amazon policy. You can’t just steal another’s work for your own personal gain. One more IP complaint and you will probably be suspended for life.


#13

No one in their right mind advocates or even argues that neither Copyright, Trademark, nor Patent Infringement is okay. To continue arguing this is synonymous with beating the air. What is true and my personal experience is that anyone’s claim of infringement is adopted as truth the whole truth and nothing but the truth in Amazon’s eyes even without the benefit of an investigation.

As a real example, a holiday competitor accused us of selling a device housing a level 3 laser when all of our documentation supported the fact that we were selling a product housing a level 2 laser. So what happened from the claim? Do you think Amazon asked us to provide detailed documentation? Do you think they held the claimant to providing supporting evidence of their claim? Of course not. Immediately our listing was shut down and all of our product had to be recalled. We missed the entire holiday sales volume and Amazon eventually got around to reinstating our listing in the next year. We lost thousands all from a baseless claim of a competitor.

And so it is Amazon policy to execute justice swiftly without evidence of anything. Doing so protects them from the possibility of liability. Competitors know this and abuse this system all of the time to gain market advantage. The question many have asked themselves is “if they do it to me, shouldn’t i do it back to them?” Some hold to their own system of morals and ethics choosing against eye-for-an-eye. Others spit fire for fire. Like I say, we are playing in the wild wild west.


#14

I wouldn’t expect to stay on Amazon too long talking like this. It is awfully unprofessional. We get it, customer support agents can be bot like, but that’s the system. They made it pretty clear what they are looking for whether or not it makes sense to you. It’s their platform and their rules. No one is forcing you to play.


#15

Last year the day before black Friday, a competitor did this to me. I design, manufacture and I am the only one that I allow to sell my products on Amazon. I have registered my brand with Amazon and own my trademarks and patents. I did not get any email from Amazon. I was on vacation so I didn’t’ even realize this happen until Monday. Amazon would not tell me anything when I contacted them. Just that they got an infringement complaint and they can not give me any info on who it was or what exactly it was about. It took a week to get my products up again. BS!!


#16

Hi all

thank you so much for all your replies. I didn’t expect this many people would reply on my article.

In conclusion, I found that it’s really hard to resolve the case unless I’m in America.

I’m talking about this matter with my manufacturer, hopefully it would be sorted someday.

This is frustrating for those who are living outside America to run Amazon business.

Thank you all, and I will update if anything comes up.


#17

One thing you have to understand is that you may be violating IP and not know it. If you paid a factory (93% of Counterfeits intercepted coming into the US come from China) for your goods you may have thought you are getting a legitimate product.

Many US companies are sick and tired of Amazon Warehouses full of product that violates their IP and are going to war. Every seller is fully responsible for selling items that don’t violate others IP. Amazon will always blame the seller when they get caught shipping fakes or other items breaking the law.


#18

We going through this issue of property rights infringement. We just ordered a product, which is sold by different people. Only mistake we made that we listed in restricted category unknowingly. Now we are trying to resolve this issue, we are continuously getting same email back.
We sent an invoice, we wrote to people who filed the infringement , we requested to delete our listing no response.
They are saying they will deactivate our account. Our inventory is also stuck.
Please help.


#19

Hello,
I received an almost exactly worded letter from Amazon on April 23, 2019. I am wondering what happened with your case? I had a copyright holders’ name in my backend search terms of a similar product so I actually was in the wrong and the copyright holder is not going to retract the complaint. I decided to just delete the listings rather than risk my account. The letter does not say to address the complaint if we feel we were in the wrong, so I didn’t. I am just a little concerned that this might come back to bite me. However, I have been selling on Amazon for over five years and I have found the the less contact I have with seller performance the better. I am hoping it will just fall off my account in 180 days and I don’t want to poke a sleeping bear. Anyone have any advice on this?


#20

I am literally on the same boat, sent invoices, even the rights sent retraction report but still amazon sent us the dreaded email, that account may be deactivated, not sure how to fight this claim