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Amazon seams to be ok with people filling Counter Notices with FALSE information!
Support Case ID 15289054241
We recently removed a listing due to IP infringement, as it was an obvious knockoff of our product (Complaint ID 15250472781). In response, we received a counter-notice. While we are prepared to file a lawsuit—this is not our first counter-notice on Amazon—the issue is that the counter-notice contains random information. The address provided is nonsensical (e.g., "OhnswfhJKJKncvsfn"), and the phone number is invalid, resulting in a message stating "such number doesn't exist" when dialed. Additionally, the representative's name is listed as something like "ULstore."
Firstly, my understanding was that Amazon verifies these counter-notices before they are forwarded to us. This used to be the case, but it appears that this is no longer happening.
I initially believed that opening a support case would resolve this issue, given the clearly improper nature of the counter-notice. However, without accurate information, we cannot proceed with filing a lawsuit, as we do not know whom to serve.
Here is the response we received from support three times in a row: "Thank you for submitting your notice of infringement. The content that you reported as infringing your intellectual property has already been removed from Amazon.com." Despite multiple explanations, the responses have remained the same, seemingly ignoring the core issue.
I am about to reply to the case again, with a straightforward question: "How should we handle a counter-notice containing false information, and will the content be reinstated after 10 days since this counter-notice was filed?" However, I anticipate receiving the same unrelated, canned response.
My question to the forum members is: Is this a new loophole? Has anyone else encountered this issue, and if so, how did you deal with it?
Amazon moderators please take a look @Junno_Amzn @Bryce_Amazon @Sandy_Amazon @Micah_Amazon @Yvett_Amzn @Jadore_Amazon @Michelle_Amazon @Cooper_Amazon@Atlas_Amazon@LeviDylan_Amazon@Saeid_Amazon@CR_Amazon@Emet_Amazon@Dougal_Amazon@Stevie_Amazon@Troy_Amazon@Glenn_Amazon @Jim_Amazon@Quincy_Amazon@TaylorR_Amazon@Danny_Amazon@Jameson_Amazon@KJ_Amazon@Rose_Amazon@Steve_Amazon
24 replies
Seller_4zBzdtgCyS9EI
You cannot talk to support like you would to a trained legal assistant. Word it like you'd want to explain the issue to your 6 year old, with the matching attention span.
Kinda like.....
Please provide names and contact information for the counter-notice you accepted. AJ YFBV^INMVB is not a name we van serve a law suit to.
Jim_Amazon
Hello @Seller_TfD2jDWmnRbvp
I took a look into your case and the ASIN in question and saw a couple things:
- The offer(s) have been actioned
- There is no current appeal open to reinstate the ASIN at this time
I haven't really experienced this specific scenario before so I'm continuing to look into it but from what it looks like, there is no action needed from you at this time.
-Jim
Seller_3f5HRuLsKFxRK
I'm sorry about your issue.
The important thing to note is that Amazon is actively putting all its efforts into attracting more Asian sellers to Amazon US in order to compete with Temu's prices. It's clear, and you can find lots of articles about it, that Amazon is less concerned about the quality of products or brand/patent infringements at this moment. Our products have been copied several times, and at times, we lose control of our ASINs. This made me learn that there's not much we can do because unless you are a big brand like Nike, Adidas, or Levi's with a team of lawyers, Amazon won't take action to help.
On the other hand, Amazon is making a lot of effort to onboard more Asian sellers, even if it does so at the expense of American sellers.
Seller_g0nI2UmsEOqUh
I'm facing the same issue where the seller submitted a false counter notice, and Amazon accepted it. My Complaint ID is 15316038921. Can @Jim_Amazon assist me with this matter?
Brand Registry needs to enforce stricter measures and require proof that the infringing content has been removed.
Seller_lCX40xAkSs1xm
Amazon does not care.
They are waiting for you to give up.
Seller_x6o9Gvi16YLhJ
Copyright Infringement Flywheel on Amazon:
1- You detect a copycat on search results or most likely on your product page.
2- You report a copyright infringement.
3- Amazon removes the copycat.
4- The copycat applies for a counter notice and after you're informed of that, they will be reinstated in 10 days if you don't file a lawsuit against them.
5- Lawsuits cost a fortune and don't make sense for the majority of products sold here.
6- You learn to co-exist with your copycat and/or move on to another product...
Sounds similar?
Seller_0xdtD36hDLHBC
You need to check with your attorney, but it seems that Amazon is violating the DMCA. If they are, you would have to file arbitration with Amazon unless the DMCA disallows arbitration (in which case, you could file suit).
Seller_TfD2jDWmnRbvp
Well today the listing was reinstated and is back on amazon.com. I opened a new support case (ID 15449032511) with brand registry to address this illegal activity. However, it seams that Amazon inc. simply don't care, even when you get a mod @Jim_Amazon or the brand registry support.
This is very dangerous game that amazon plays with not enforcing the the copyright rules and so bluntly ignoring them!
Seller_0xdtD36hDLHBC
Yes, they still ONLY allow arbitration.
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