Amazon Suspension for Copyright
How to avoid copyright infringement on Amazon?
Expert Advice: Donít panic, keep Selling
The more you sell, the more possible that you will one day get a notice through Amazon’s message center informing! you that you are in violation of someoneís-copyright. The notice will often hint and directly declare that legal action is pending if you donít eliminate your listing instantly.
What to do? Savvy independent third-party Amazon sellers know that some of these are all threatened or others are serious but it’s tough to tell which is which.
Here are a few pointers to help you:
1. Who sent the notice?
If notice is coming straightly from Amazon and it declares you’ve violated someoneís copyright! it will also include contact information for the company in question. This is an authentic complaint that you should address.
To not address it puts your Amazon account at threat even if you donít try to sell the item anymore. This email is coming to you because the rights holder complained to Amazon-officials who supported their claim. They did this due to the complainer was able to confirm! that they were the correct holder.
They may have done this through Amazon’s brand registry! and they might have offered paperwork showing they own the rights.
Amazon wonít get involved in the clash or prove the reality of their claim ñ merely that they provided adequate paperwork to indicate they have a claim. They leave it to you to work it out with the correct holder and fix it.
2. Did you create the listing?
If you formed the listing and used pictures and descriptions from the producer, off of eBay or anywhere else squirreled away on the internet you must possibly do violate copyright. If you didn’t get express authorization to use these pictures and descriptions.
If you did NOT create the listing but are merely “piggybacking” on it, then only you can clarify that to the complainer or help fix the listing.
3. What is a brand?
Sometimes brands are very aggressive in caring for their rights on Amazon.com. If you are promoting a name brand, then you are more possible to get a cheat claim before copyright infringement on amazon. Why? Due to they are quicker and alike than going through Amazon legal. However, if you have a large brand breathing down your neck, you are definitely not going to win.
4. How aggressive is the complainer?
We’ve seen few really aggressive letters from private label companies sent straight-through the platform to our clients. They do not go through-Amazon legal due to they are hoping to threaten sellers off their listings without the added expense or the less slow process.
These claims are the ones that give sellers the most pain because they don’t know what to do or how seriously to take the claim.
The other seller could be complete of it or a complete cheat. More on this in a minute.
5. Have you experienced distrustful behavior before this claim?
For a few of my clients, they’ve detected a pattern just before they got this claim. They might have had to fend off cheat or counterfeit claims on this ASIN before this new claim popped up. This is the second plan used by sellers to get other sellers off their listings.
If you are confirmed that you have the right to sell this product or are using your own picture and description on the listing, then you must fight.
They are trying these strategies because they don’t have Amazon’s support behind them. With no Amazon’s support, they are all bark, no bite. what they can do they can do is harassing you.
6. Are you selling a common product on a branded listing?
I got this lot. It is a very old area. The genuine seller who formed the listing might have thought they were securing themselves by putting a brand on their product, but if they didn’t do it properly, then only they are selling a common or Amazon will not support them if you take-credit on their listing. While your product is accurately the same (without the sticker), you can sell on that listing.
If however, the seller has done it properly! then they can kick you off their listing. Take a sometimes look at your product and make sure that you have listed it appropriately.
Resolve the Claim:
Now that you’ve looked at your product or the listing, here’s what you require to do:
1. Contact the rights holder, If the email came from Amazon, act instantly. Send a polite email to the rights holder inquiring: Can you please share details with me how you think we have infringed on your copyright?
We are a keen desire to clear up this issue. It was never our aim to infringement on a copyright. Keep it well-mannered and unchaste at first. Notice what the issue is. We constantly find that it is the photo or description ñ both of which are without difficulty fixed! by taking your own photos and re-writing the description.
2. Fix the issue. Once you know what exactly is going on, try to fix the issue then and there. Sometimes it isn’t even you. I’ve had customers who were official sellers on Amazon of a product get booted off along with all the other sellers.
Once they provided a letter to the complainer (normally a lawyer hired by the rights holder or an internal person in charge of brand management)showing they were certified, they were reinstated on that listing as soon as possible.
3. Ignore it. If the letter is coming straightly from the different sellers rather than Amazon they may be fake, you may select to ignore it. The only company on Amazon that can really hurt you is Amazon. If they are not supporting this claim or then it might be a trick. At the very least, they can not kick you out of the listing. More on this later.
4. Or..give up. If you are selling comfort brands, for example, Versace, Coach or Fossil Watch or you didn’t buy directly from them you are possibly going to lose. They will throw inauthentic and cheat (or both) at you first (normally) and if you somehow pass that obstacle, they will file a copyright infringement on amazon claim.
Their goal is to tie you up. Once an issue is set up, they have a professional email address where they can let Amazon know the situation is fixed. If they decline to send that email? That’s right: you are possibly out of luck if it’s the main-brand. They have the lawyers, the amount and they will track this until they tire you. Only you can select how much time and power you are going to put into defending yourself.
5. Fight back. If the email you got is not from Amazon and you are getting nowhere with your well-mannered stand-point, then you may be dealing with a cunning who is doing this as a method to threaten and tie you up. Moreover, if the letter came through Amazon, if the complainer is not answering to you, then you will ultimately have to inform Amazon if you want to sell on the listing again.
Not supported: In this case, you need to look at the complete situation with the product. If you consider you have a legal right to sell this product or you did NOT buy from the gray market, then you are possibly experiencing skills. It would be basically doubtful if you had just recently fended off an inauthentic or cheat claim on the product.
In this condition, you can file a policy-violation with Amazon against the seller. Be humble. Ask for Amazon’s help. If you guess the name of the seller! you can use it. If you do not know for sure, inquire Amazon.com to look into it for you. Focus on their strategy violations, NOT THE COMPLAINER’S CLAIM:
(i). They offensively used Amazon’s platform to converse with you
(ii). You suspect that they decisively made straw-purchases and returned them with counterfeit and inauthenticîclaims to boot you off the listing.**
They never planned to keep the product.
(i). This was a manipulation of privacy & policy.
(ii). You recently proved to Amazon.com that your product was authentic and instantly after, you got this letter claiming copyright infringement on amazon.
(i). Supported: If the complainer is not getting a return to you after a week of attempting (start with email so Amazon can see that you tried, and then call them), then you can directly complain to Amazon that this might be a tactic on the part of the complainer. As above you see, be well-mannered in all your communications. If you choose to file a policy violation against the so-called rights holder:
(ii). Focus on what you have done before to solve the issue (3 emails, 3 calls, closed the listing, etc.) or how much time you provide it (at least a full week or more then).
(iii).You suspect this might be a tactic rather than a legal claim by a rights holder due to they are not answering even when you called them straightly (or maybe you can’t find their phone number/website that’s suspicious, too)
They never planned to resolve the issue; they only wanted you off the listing. This is a manipulation of the offer and a policy violation, if so.
(i)You recently confirmed to Amazon that your product was authentic (if you did) and shortly after, you got this letter claiming copyright infringement on amazon.
** If they purchase the product or keep it, they are more possible to be legal and serious. This is permitted by Amazon.com. It’s the customers who buy and return and who never planned to keep the product who is violating-policy.
In all circumstances of filing a policy violation or you will not get your answer back from Amazon. They never expose the consequences of their investigations. Although you might find the claim is abruptly dropped and ñ as happened in one of our cases ñ the other seller is unexpectedly suspended(gone)-from the platform.
The most puzzling copyright infringement claim is the 1 that is not coming from Amazon. While several see this as a black & white problem (no Amazon support, ignore), I don’t. I’ve noticed so many of my clients fall victim to shady policies like bogus inauthentic and fake claims made by a quarrelsome and enemy competitor when they ignored the initial letter.
These claims can worst for you, tie up your listing and cost you money. They can lead to your Amazon account is suspended which will harm you a lot.
I highly recommend at least one polite email from you inquiring them to provide evidence of their claim and to be made clear as to what part of the listing is infringing on their copyright. If they won’t do that within 5 business days and then you most possibilities have someone who is tricking. If they escalate and try other ways, then you can show Amazon that you directly responded in a nice way and they’re the ones being jerks.
If they never offering evidence, then you can announce that they are unable or unwilling to support their own claim which is suspicious.
Until unless you can inform, you never intend to infringe on a copyright, do not state that you are apologetic for infringing and anything like that. They need to prove their claim.
Do not admit fault. Even if you intend not to sell that product again or don’t confess guilt. We have made a business decision to no longer advertise this product on Amazon,î is acceptable.
Select how hard you desire to fight this claim! For some of my clients, it doesn’t value it. They delete their listing and move on.
In another hand, this is a high producing ASIN and they will battle it to the bitter end. In that case, I strongly recommend getting help-both from an Amazon expert like us and an IP attorney. We can help with the Amazon.com site or the attorney can help with the legal side. Just declaring, here’s the name or contact information of my IP Attorney î can work wonders for the buffers.
If their claim is real, however, be conscious that you are now entering into the official-battlefield. It will charge you money. make sure you selected an attorney who knows Amazon.com as well as IP law. I have a couple of attorneys I suggest to our clients in this condition.
As an ultimate word, the root cost of line on copyright infringement on amazon is that Amazon makes it extremely sincere. If your complainer has gone through Amazon to make their claim, you should response even if you never plan to sell that product again. Amazon will also desire a Plan of Action from you as to how you will avoid this claims-further in the future.
If the complainer hasn’t going through the Amazon channel, then you do not have to concern about Amazon.com shutting you down at this point in time. You DO have to agonize! about poor seller tricks, however. Be on the watch for those or fight them against, if you notice them.
For this problem, I highly recommend you at least one polite-answer to a letter so you can get a better feel as to whether or not they are bluffing and whether or not they, in fact, have evidence. Find out then and there what they desire at least. The number of copyright infringement on amazon claims is cleared up with the latest pictures and listings.
There is nothing can stop anybody with a genuine claim from serving you with legal papers at your business address.. if they can find you.
so long as Amazon’s robots can’t search through public records but an attorney can.
What If I’m the Complainer?
If you think those other sellers are infringing! on your copyright or you have registered your trademark and listings with Amazon.com, then they will support you in your claim. There is a process for filing these claims with Amazon or it’s very simple what to do. Search Seller-Central help for “Report Infringement” if the link doesn’t execute for you.
Be aware: be alert, however, that many of my clients have not set themselves up suitably. Their brand is not lastingly affixed to their product. In those circumstances, Amazon.com thinks of them as selling a common product with a sticker-basically. Make it clear you are set up appropriately in the brand registry before gone after other sellers.
You will need to provide evidence of your trademark filing and then a confirmation that you have not authorized other sellers to sell on your amazon account. If you are eager to send that initial letter through the platform, I highly recommend having it written by an attorney. They will make clear that you keep within the law and do not make wild-claims etc. that could get you in trouble later.
A letter might be enough to get some sellers off your listing and is the smart way to go. What if they overlook you? Talk to your attorney about it the next steps or how far you are eager to go to secure your intellectual property.
Please DO NOT play games on the stage. They could badly backfire on your account.
It is OK to make a buy of a competitor’s product to take a picture and show Amazon, that it doesn’t relate the listing.
It’s NOT JUST OK to buy dozens of units or then return them all on an alike day to mess with the other seller’s metrics.
That’s a manipulation of the policy.