copyright infringement case open, no response from Amazon
I have a Chinese seller that I have an active lawsuit against for copyright infringement. Their listing has already been pulled. They relisted again after they have been informed about the lawsuit. I am actively serving them at this moment.
I opened yet another complaint about copyright infringement a week ago on their new listing and have yet to hear any response from Amazon even though their feedback was stated as 1 to 2 days for a response. The complaint is still pending review.
How do I expedite this complaint? I have tried to use the proper channels to expedite my request but got this response:
This is not the correct channel to submit your request. We are only able to process requests regarding previously submitted reports of infringement.
No idea why that doesn't pertain to my case as it appears to be exactly what I am doing.
copyright infringement case open, no response from Amazon
I have a Chinese seller that I have an active lawsuit against for copyright infringement. Their listing has already been pulled. They relisted again after they have been informed about the lawsuit. I am actively serving them at this moment.
I opened yet another complaint about copyright infringement a week ago on their new listing and have yet to hear any response from Amazon even though their feedback was stated as 1 to 2 days for a response. The complaint is still pending review.
How do I expedite this complaint? I have tried to use the proper channels to expedite my request but got this response:
This is not the correct channel to submit your request. We are only able to process requests regarding previously submitted reports of infringement.
No idea why that doesn't pertain to my case as it appears to be exactly what I am doing.
21 respuestas
Sandy_Amazon
Hello @Seller_Bh5toka1ycay2
My name is Sandy from the Community Manager team.
We cannot expedite requests if they are under review. The team is checking the information and especially with a lawsuit filed, there are many things to check.
Please allow the report a violation team to review your case within the next 5 business days. If you don't hear a reply from them by next week, please let me know.
Sandy
Seller_Bh5toka1ycay2
hi,
Yes, I bought a copy of their product and it's my exact product that I created in my studio. They took a copy of mine and reproduced it. I filed a copyright complaint with Amazon and their listing was taken down, but they disputed it. I then had 10 business days to file a lawsuit or their listing would be reinstated. After the suit was filed, they listed again even though there is an open lawsuit against them. This is where I'm stuck trying to get that 2nd listing taken down.
I used a local lawyer. You will have difficulty finding a lawyer online because you need to file in your district court (preferably in your county), so unless the lawyer you get online can do that, it will be challenging. I just did a search for intellectual property lawyers near me until I found one reasonably priced.
I would recommend you get a patent or copyright for your product. Even if you haven't filed yet, file it asap. You do not need a patent or copyright to file the lawsuit if you can prove first use, but it definitely helps. I found a lawyer on Fiverr that filed for very cheap. It takes months to get the actual copyright or patent, but an in process filing is very good too.
Some tips on the lawsuit/complaint:
Serving them in China is a challenge. There are companies out there that specialize in it, but you will incur an expense beyond just filing the lawsuit.
You don't HAVE to serve them if it suits your needs to only file, but that is between you and your attorney.
When the attorney drafts the complaint discuss with them how to add "John Does" to the complaint. What this strategy does is to add unnamed defendants that might become known after you file. The reason for this is alot of Chinese sellers will change their seller or brand name with the hopes that it will help them keep their bogus listing. With John Doe filed on the complaint, they can be added after the fact to the same complaint.
Good luck!
Sandy_Amazon
Hi @Seller_Bh5toka1ycay2
I spoke with the Report a Violation team and they have updated me on status of the case.
Since this case has an open lawsuit, and the decision is not made yet, it is hard for Amazon to take action. Especially with an open lawsuit and pending trademark. The case was transferred to Amazon legal and the report a violation team did not own this. This is the reason why it is under review.
I know you filed for copyright, however, a copyright is used for literary and artistic works. Such as books, paining's, music and drawings. The report a violation team wanted to ask if you also have a patent on your product? Patents are used for inventions and designs which is more aligned to the product you are selling.
A few questions here.
1. Do you have a general idea of when your lawsuit will close? Based on this, the case could move forward.
2. Do you have a patent for your design? Or only a copyright?
From my side, I am going to contact our legal department to see if there are additional things we could suggest since the lawsuit is still open. Please note that this may take a few business days for them to reach back.
Sandy
Seller_Bh5toka1ycay2
hi Sandy,
Thanks for pursuing this.
The item I created and sell is my own sculpture, that I created out of clay. The copyright I have filed is for sculptural design of my product. The item that was stolen from me by this Chinese vendor was my own sculpture that they reproduced by molding my design. I have verified proof of this by the item I bought from them. This is the copyright infringement that I am suing them over.
I also have evidence of first use of my design. I have been selling it on Amazon for over 6 years.
The lawsuit will take a long time because I have to serve them in China. To serve them in China requires a lengthy process because you have to follow the Hague Convention which requires translating all documents to Chinese and having a committee in China actually serve them, so we are talking many months if not over a year for this to play out in the courts.
I appreciate you contacting legal and providing feedback. I think these vendors are gaming the system and taking advantage of legal rules that they seem to slide around.
If you could bring this to legal. When they first listed and I had their listing pulled, they disputed and I had 10 days to prove I filed a lawsuit. When I did show proof of a lawsuit, Amazon responded that they would not reinstate the disabled content per DMCA. So the question is if the fact I have proven that I filed a lawsuit was enough to terminate the initial listing, why is listing it again by the Chinese seller allowed to happen?
Hello,
Thank you for providing the filed lawsuit. Per the DMCA we will not reinstate the disabled content.
Kindest Regards,
Copyright/Trademark Agent
Amazon.com
Sandy_Amazon
Hi @Seller_Bh5toka1ycay2
Thanks for the information.
Legal came back and mentioned they are taking a look into your case. Especially when you provided the lawsuit within DMCA timeline, and Amazon updated records accordingly to not reinstate.
I think they will respond within next week but I'll keep you updated. Thank you!
Sandy
Seller_Bh5toka1ycay2
That's encouraging news. I'll look for their final response. thanks again.
Seller_Bh5toka1ycay2
hi Sandy,
They finally approved it and took down the offending sellers listing! Yay! Thank you for helping me out.
I do have a question. It seems that since I opened the complaint and mentioned the law suit that it redirected my complaint to legal which really slowed down the case analysis. In the past, my IP complaints have been attended to within a few days instead of weeks. Do you recommend that if/when the seller again reslists that I do not mention the lawsuit until I need to OR should I have given them more details?
What, if any impact does the seller relisting constantly when they keep getting dinged for copyright issues does this put on their seller account? It seems to me they can just get dinged, wait a while, relist, get dinged, rinse and repeat without Amazon penalizing them. I know they are aware of an active lawsuit.
Sandy_Amazon
Hi @Seller_Bh5toka1ycay2
Great to hear!
Yes the legal team came back to me and mentioned they took action. I'm glad I was able to help you.
In the future, if you do have any legal claims it would be better to include those in the case. However, note that if the case is still open it may take longer for the team to look into the situation.
Also once your trademark is registered, it would be easier for Amazon to make the decision as well.
If you come across this issue again, please let me know. Happy to assist since I understand the history and have contacts!
Sandy
Seller_nnqcPtvRa45aE
Seller_nnqcPtvRa45aE
Hi Sandy! I was wondering if you could also assist me on a similar situation? I submitted an infringement claim on a Chinese manufacturer who has stolen my product. I am brand registered with a trademark as well as a copyright on my product, so Amazon approved the take-down request for ONE variation of their product. They currently have another variation that is still up. I submitted the same take-down request for this listing too, but still no word from Amazon after about 2 weeks. The seller reached out to me and told me to revoke my infringement claim. I am currently in talks with them about revoking the infringement since they seem like they are willing to comply with my requests to change all of their listing photos (they've stolen my hand-drawn illustrations and added them to their photos) as well as to leave the market. I am wondering if I can resubmit an infringement claim after it's been revoked, assuming they somehow do not follow through on their end to leave the market? They are definitely aware they are in the wrong, and both of us have agreed that we do not want to take this to court if we do not have to. Thanks Sandy.
Sandy_Amazon
Hi @Seller_nnqcPtvRa45aE
Thanks for the mention.
Yes I'd be happy to help but would like to assist on your own discussion post. I'll comment on this one you posted!
Sandy
