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Copyright Infringement Complaint: Issue with False Counter Notice
I submitted a copyright infringement complaint and it was accepted. However, the infringing seller submitted a false counter notice and will be back online soon. They are using a 100% copy of our installation guide in their product boxes. There's no way they removed and changed all the FBA inventory guides in just 24 hours. Brand Registry is supposed to stop companies from stealing copyright, trademark, and more, but Amazon accepted a false counter notice. My Complaint ID is 15316038921.
Can any Amazon moderator help with that issue?
0 replies
Seller_4zBzdtgCyS9EI
You are not alone. Only getting worse from here, strap on your seat belt....
JiAlex_Amazon
Hello @Seller_g0nI2UmsEOqUh!
My name is JiAlex from the Community Manager team here on forums. I wanted to follow up on your post. I notice my peer is currently working with you, based on this conversation.
Therefore, Jim will reach you shortly. Any other assistance, don’t hesitate to reach out to our support channel.
Regards,
JiAlex
Seller_lCX40xAkSs1xm
Get ready. It has only just begun.
Things are really messed up with IP claims on Amazon right now and the truth is they do. not. care.
Seller_rO790j8rvyazm
You have the absolute right to begin litigation immediately. you dont have the right to obstruct someone elses business on Amazon in a hit and run fashion without follow through. This issue cuts both ways. Unscrupulous sellers use this as a bludgeon to hamper their competition which is why listings are taken down for 2-3 weeks giving the party claiming infringement the time to begin litigation. If they dont, well, I guess their claim isnt really all that strong.
Seller_u6QfmjpFJr5YR
If the seller files a counter notice, that means you would have to take it to a federal court to prove your claim as the other seller is challenging your IP Claim, Amazon will not be involved in this as they are not going to decide who is telling the truth, it is up to you to prove in court first and then ask Amazon to remove the seller.
Once a counter notice filed, Amazon is out of it. its between you and the other seller.
If the seller did not file a counter notice Amazon would remove his offer.
You only have 30 Days from the counter notice date to file a claim in federal court against the other seller.
Seller_Lu3bFSNnS57zM
please educate yourself. Amazon followed the law in this case which is surprising.
Seller_MeNjiBPtSZPht
Litigation is next.
The good news is it is rather inexpensive to write up a trademark dispute, especially with all the stuff you have... you could do it for a few hundred $
The other guy has ALOT more money to spend to defend themselves, they will settle or remove rather quickly I am sure.
I have been on both ends of this
Seller_24FzucbyGtgZS
The DMCA is crystal clear. You own a work with a copyright you control the first sale. If someone sells a counterfeit you file the appropriate "take-down" notice. However if the entity of the take-down notice files a proper DMCA counter-claim their listing must be restored unless you file a lawsuit to protect your copyright.
The lawsuit must also ask for a preliminary restraining order.
You need a lawyer - not this or any other forum.
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