Over the past few years, there have been a lot more instances of Amazon copyright infringement. In fact, the more you sell, the more probable it is that one day you’ll receive a message from Amazon’s message center informing you that you’ve violated someone’s copyright. The warning will frequently insinuate or specifically declare that legal action is imminent if your listing is not removed right away.
Which course of action should I take? Some of them are simply bluster, while others are sincere, but it can be difficult to distinguish between the two, according to astute third-party Amazon sellers. However, in order to never violate another party’s intellectual property rights, all vendors must learn how to be proactive. So, the following advice will be helpful to you:
Who Was the Notice’s Sender?
The letter will also provide the company’s contact details if it was sent by Amazon and claims that you have broken someone’s copyright. You MUST respond to this legitimate complaint. Even if you don’t intend to sell the item again, failing to handle it puts your account at risk.
Because the rights owners complained to Amazon legal, who backed up their allegation, you are receiving this email. They took this action because the complainant could show that they were the rightful owner. They might have done this through Amazon’s brand register or by submitting documentation proving they are the rightful owners.
Amazon will not participate in the controversy or attest to the claim’s validity; it will only state that the claimant has submitted enough documentation to support their position. Your negotiation with the rights holder is left up to you.
Are You the One Who Created The Listing?
You can explain to the complainant that you did not create the listing but are only using it to your advantage and work to have it fixed. If you produced the listing and took pictures or descriptions from the seller, the manufacturer, eBay, or somewhere else hidden away on the internet, you most definitely violated Amazon copyright if you didn’t obtain express permission to use these images and text.
Some companies are zealous in defending their legal rights on Amazon.com. What is the brand name? Selling a name brand makes you more likely to be accused of copyright infringement before an inauthentic allegation. Why? Mainly because they are quicker and more convenient than using Amazon lawful. However, you will probably not succeed if a powerful brand is circling you.
Just How Combative Is the Complainant?
Private label businesses have sent pretty aggressive messages to our clients straight through the site, as we’ve witnessed. They avoid using Amazon Legal in an effort to scare vendors away from their listings without incurring additional costs and delaying the process too much. These are the claims that cause sellers the most discomfort since they are unsure of how to proceed or how seriously to take the share. The other seller can be completely dishonest and full of it. I will return to this shortly.
Were You the Victim Of Any Odd Behavior Before This Assertion?
Before they received this claim, some of my clients recognized a pattern. Before this most recent claim appeared, they may have had to combat false or counterfeit claims on this ASIN. Merchants use this tactic to remove competing sellers from their listings.
When utilizing your own image and description on the ad and feeling convinced that you have the authority to sell this item, you should fight. They are employing these strategies because they lack Amazon’s backing. They are nothing more than barking dogs without Amazon’s help. So, They are only able to bug you.
Are You Promoting a Non-Branded Item On A Branded Listing?
This frequently happens to me. A grey area exists here. The original seller may have believed they were protecting themselves by branding their product. However, if they did it incorrectly, they were selling a generic, and Amazon will not support them if you use their listing. You may sell on that listing, provided your goods are identical (i.e., without the sticker). The seller, however, has the right to remove you from their listing if they followed the proper procedures. Make sure you have accurately listed the item you have decided to sell by giving it a close inspection.
Resolve The Claim
Following a review of your product and the listing, perform the following:
Speak with the rights holder:
Act right away if the email appears to be from Amazon. To the rights owners, send a cordial email with the following request: “Can you please share with me how you think we have violated your copyright? We are anxious to put this matter to rest. Never once did we mean to violate someone else’s copyright. At first, be polite and ambiguous. Identify the problem. We frequently discover that the issue is with the picture or the description, both of which can be quickly addressed by taking new pictures and revising the text.
Correct the issue:
Try to solve the issue once you understand what’s happening. Occasionally, it’s not even you. Customers of mine who were authorized product sellers have been kicked off with all the other retailers. They were quickly reinstated on that listing once they gave a letter verifying their authority to the complainer (often a lawyer retained by the rights owners or an internal individual in charge of brand management).
You might choose to disregard the letter if it was sent by a different seller directly rather than Amazon. You can only get injured by Amazon; no other company on Amazon can. It can be a bluff if they don’t offer evidence to support their claim. They cannot, at the very least, remove you from the listing. Later, more on this.
If you sell expensive brands like Versace, Coach, or Fossil Watch, and you did not purchase them straight from them… You’re most likely going to lose. They will typically start by accusing you of being untrue, fake, or both before filing an amazon copyright infringement claim if you manage to get past that obstacle. To tie you up is their aim.
They have a unique email address where they can notify Amazon once they fix a problem. Suppose they decline to deliver that email. Yes, if it is a well-known brand, you are most likely out of luck. They will pursue this until they have exhausted you because they have the lawyers, the resources, and the desire. Your time and effort to defend yourself is entirely up to you.
You might be dealing with a crook who is using this as a ploy to scare or tie you up if the email you received is not from Amazon and you are having no luck with your courteous approach. Even if the letter originated with Amazon, you would eventually need to inform Amazon if you want to sell on the listing once more if the complainant isn’t responding to you.
In conclusion, note that Amazon takes amazon copyright infringement very severely. Just as much importance that they give to their amazon marketing services they consider their infringement cases. Even if you have no future plans to sell those particular goods, you MUST respond if your complainant has used Amazon to lodge their claim. In order to prevent making similar allegations in the future, Amazon will also need a Plan of Action from you.
You don’t need to worry right now about Amazon closing you down if the complainant hasn’t used the Amazon channel. Thoughtless sales tactics ARE something to be concerned about. Keep an eye out for those, and if you see any, combat them. Because of this, I advise sending at least one courteous reply to a letter so you can determine whether or not they are lying and whether or not they genuinely have evidence. Find out at least what they desire. With new images and listings, they can answer many amazon copyright infringement complaints.
Nothing prevents someone with a valid claim from serving you with court documents at your place of business if they can locate you. Lawyers can access public records in a way that Amazon’s robots cannot.