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_PT3odlTnVDMcy
Hello Sandy ,
Could you please help me .
Because I mistakenly used the trademark of the rights holder, which resulted in me infringing on the rights of others.
I am deeply aware of my mistake and have reached a settlement with the plaintiff's lawyer.
The opposing lawyer also provided a settlement agreement. But my store funds are still frozen to this day.
The attachment is a settlement agreement, requesting the Amazon team to help me recover my account funds.
Because I can not send PDF, only send an image as proof.
This picture is NOTICE-of-Voluntary-Dismissal-by-Crye-Precision, My shop is Line No.57
Shop Name : Junfeng Liu
Shop ID : A2X5HX515LZDQJ
Thank you .
Seller_Bh5toka1ycay2
hi Sandy,
Can you help in finding out the status on my infringement request? I submitted the request on September 28th with ID: 16248329171. Let me know if you need more information on my part. Thank you in advance for any help.
Sandy_Amazon
Hello @Seller_PT3odlTnVDMcy
It seems like you created a post here.
Since your comment is on another sellers post on this thread, please wait for a community manager to respond to your post.
best,
Sandy
Sandy_Amazon
Hi @Seller_Bh5toka1ycay2
Sure. I can reach out to the report a violation team to get some updates on this case. Please allow them a few days to get back to me.
Best,
Sandy
Sandy_Amazon
Hi @Seller_Bh5toka1ycay2
Just out of curiosity, there's also an escalate my case option on the Report a Violation page. Are you able to use this feature?
I was not sure if you can submit if the case is under review, but may be worth a try while I wait for a reply.
Sandy
Seller_Bh5toka1ycay2
I tried that already. I did that in my initial post on this thread and they emailed me back saying that it was the wrong channel to do that and they would forward it to the proper channel. That was over a week ago and still nothing.
I am now 12 days into my initial complaint and was told after I submitted that a response usually comes 1-2 days after submitting. Either it's totally lost and I need to start over or they are taking a very long time.
Seller_marppJuNViXwR
wondering how you filed a lawsuit against the seller did you purchase one from them and do a claim? Are you using an online lawyer etc.? Any help would be great as I need to do it myself to a non USA seller that copied my product then used part of my pictures I took many years ago.
Thanks
Sandy_Amazon
Hi @Seller_Bh5toka1ycay2
Thank you for letting me know.
I've contacted the Report a Violation team directly asking for the status. Thank you for your patience.
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
