FAKE IP COMPLAINT REPORT/ ASKING FOR HELP
what should I do ? During this year my different product have received so many fake ip complaints from the same one and same email address, I didn’t count I guess almost 20 complaint cases from the same people!!! He uploaded my images and text on his private website to report my product copyright infringement on amazon, and I need to spend over 20 days on each counter-appeal（DMCA), during this 20 days my product can’t sell on amazon and I lost a lot! And after my counter-appeal（DMCA）was successful he will start report me again!
I tried to contact the Amazon team for assistance, but did not receive any valid response! The person who didn’t have any copyright or evidence, but he can continue to report my product again and again! Even if all of my product are originally designed , my photos from my original images, my text edited by myself, I still cannot protect my product！These rules are very ridiculous！
Malicious and fake copyright reports continue to occur on my account, and I feel very confused!
And anyone who can support help? Thanks a lot!
FAKE IP COMPLAINT REPORT/ ASKING FOR HELP
what should I do ? During this year my different product have received so many fake ip complaints from the same one and same email address, I didn’t count I guess almost 20 complaint cases from the same people!!! He uploaded my images and text on his private website to report my product copyright infringement on amazon, and I need to spend over 20 days on each counter-appeal（DMCA), during this 20 days my product can’t sell on amazon and I lost a lot! And after my counter-appeal（DMCA）was successful he will start report me again!
I tried to contact the Amazon team for assistance, but did not receive any valid response! The person who didn’t have any copyright or evidence, but he can continue to report my product again and again! Even if all of my product are originally designed , my photos from my original images, my text edited by myself, I still cannot protect my product！These rules are very ridiculous！
Malicious and fake copyright reports continue to occur on my account, and I feel very confused!
And anyone who can support help? Thanks a lot!
0 replies
Seller_CW0P5hgbsiqWX
The Intellectual Property reporting form is massively abused, and there is nothing you can do about it until Amazon changes the reporting process. Do yourself a favor. Under GET HELP, located at the lower portion of the seller central page, look up Report Intellectual Infringements. Open the report form. Read what it takes to fill out the form. Anybody can call themselves an Agent of the Company and report you. That is all they have to do, now you have a problem. Reps seem to ignore this is the way it works and do nothing. The system is broke. The best thing you can do is make a suggestion by opening a case with seller support. Do not state your problem, just suggest the form require some documentation along with submitting the form.
To be honest, there is not much you can do, except provide your Manufacturers Invoices. Amazon knows what an invoice includes. An invoice is used when Your business has a retail commercial credit account with the manufacturer. Most all included.
- YOUR: business name, business address, business phone, sales tax exempt number, your EIN number, your credit line, terms of sale
- MANUFACTURER’S: address, phone, EIN number, account Rep’s name
- PRODUCT’S: quantity, SKU-Model number,
- DISCOUNTS PROCESSES ON THIS PURHASE: quantity, sale, specials
- TERMS OF SHIPPING: method, who pays, company used, tracking number
Some have more, and some have less, but they all use the same basic format. Even when you call and make a small online order and pay by credit card, an invoice is still sent to you separately containing all of the above.
Dougal_Amazon
Hello @Seller_1Rl4exQFzvsXh,
My name is Dougal from the Community manager Team and hopefully I can assist. I will not weigh in on the validity of another sellers claim on their intellectual property. Step 1 is to get your product reinstated so provide all the detail needed and focus just on the current ASIN for now. I believe you offer the same product in a different color and that listing is still live. Since they are variations of each other, that might a way to "prove," you are not violating any IP
I have noticed a few other things that gave me pause enough to escalate to another team and I am hoping to work with them on the actions you have described (20 complaint cases by the same seller). I will let you know what I can as I get more info.
I hope this helps and please keep me posted.
Best, Dougal
Seller_2hLZdGgB7FzoA
the only thing i have foud that helped with this is directly calling and talking to a representative and having them submitt the response information directly to the appropriate dept. then if dont get a resonse. repeat every single day
amazon is terrible with seller support and you need to advocate for your self bc there is no single dept to fix these things. and every dept will say that is dealt with by another dept xqz. then that dept will say its seller support, then they will say its brand central and the loop never ends. get your product trademarked. and if the individual doesnt stop. contact an attorney and take action that way. amazon isnt inclined to help you. you need to do it bc there are so much abuse and sellers trying to blow up your sales to prevent you from selling or lodging fake complaints based on nothing
its never ending
Seller_zlK70Du5xkhfI
Amazon is only about BUYERS, they dont care at all, about sellers. I have learned to live with it.. Not really but .....
Seller_24FzucbyGtgZS
Are these 20 Copyright complaints on the exact same item/picture? Or 20 separate complaints on 20 separate items? Basically did Amazon accept a new complaint from the same person for the same item once you won the DMCA appeal?
This is NOT legal advice and you should consult a lawyer who specializes in Patents, Trademarks and Copyrights. Here is why:
If you won the DCMA appeal, Amazon is prohibited from accepting another IP complaint on the same item - unless - the person who complained files a lawsuit against you and a Judge issues an injunction ordering Amazon to remove your listing. If Amazon failed to follow this mandatory procedure not only would you have a legal action against the person filing the false IP complaint but against Amazon as well for not complying with the DCMA.
As I stated - contact an attorney - give them the facts and under this situation you would not be bound by Amazon's forced arbitration clause.
NO ONE on this forum (and especially NOT the mods) will be able to help you resolve this matter. Contact an attorney.
Seller_VBGbysF588Jvo
We had one with a fake representative for a large national-chain fish store that was putting strikes on anything on Amazon with that logo. We have connections with the company licensing team which they told us no one with the person's name or e-mail associated with the claim worked for their company. They drafted a letterhead stating this for us to submit, Amazon still wouldn't fix it. Amazon was adamant we had to contact the fake representative to get anything fixed. It took their legal team to contact Amazon directly to get any progress. By that time, Amazon had "destroyed" our licensed merchandise at FBA and refused to reimburse for it. It's a very broken system.
