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HOW AND WHERE TO SEND A DMCA COUNTER NOTICE
HOW AND WHERE TO SEND A DMCA COUNTER NOTICE
Is a dmca counter notice used for false trademark infringement ?
if not then how should one proceed for such a case?
thanks and regards
@Emet_Amazon @Rose_Amazon
4 replies
Seller_0xdtD36hDLHBC
No.
I would suggest emailing the complainant. If that doesn't work, send a paper letter to them. If that doesn't work, have your attorney send a C&D letter. If that doesn't work, sue them.
Roxy_Amazon
Hello @Seller_LAnyaUmHTJjX7,
Thank you for reaching out to us here on the forums and for your questions about DMCA counter notices and trademark infringement. Let's address your concerns:
Is a dmca counter notice used for false trademark infringement ?
It's understandable to be confused about this, as intellectual property issues can be complex. To clarify, DMCA (Digital Millennium Copyright Act) counter notices are specifically used for copyright claims, not trademark infringement. Trademark and copyright are separate areas of intellectual property law with different procedures for addressing disputes.
if not then how should one proceed for such a case?
For false trademark infringement claims, the process differs from DMCA counter notices. However, since you've asked about DMCA counter notices, let me provide you with the correct procedure for submitting one in cases of copyright infringement:
- Go to Account Health > Policy Compliance > Received Intellectual Property Complaints.
- Find the deactivation record for the product listings you want to appeal.
- Click "Appeal" next to the record.
This process is specifically for situations where your listing has been removed due to a rights owner's complaint of copyright infringement under the DMCA, and you believe the content is not actually infringing.
For trademark infringement issues, the steps would be different:
- Review the trademark claim carefully.
- Gather evidence to support your position.
- Consider contacting the claiming party directly and if not successful use your letter of authorization (LOA) or invoices to dispute the violation using the same path described above.
Please visit the pages below for more information.
- Procedure for submitting a counter-notice pursuant to the DMCA
- Intellectual Property Policy for Sellers - FAQ about Copyrights
If you need any further clarification or have more questions, please don't hesitate to ask. We're here to help you navigate these challenging situations.
Best,
-Roxy
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