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I have been infringed, how should I respond?How to Use Amazon's Complaint Tool to Explain the Copyright Infringement and Trademark Infringement Process

08/30/2022
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I have been infringed, how should I respond?How to Use Amazon's Complaint Tool to Explain the Copyright Infringement and Trademark Infringement Process

Recently, many sellers have reported to the editor, why did they lose the reporting authority? Here's why: Report a Violation New tweak: Continued submission of inaccurate or false notifications may result in your submission privileges being revoked.

Today, the editor will first summarize the process of reporting violations, the required evidence, and how to appeal once you lose the right to use the tool. It then explains how to properly report copyright and trademark infringement.

When to use the Report Violation Tool

Brand owners who have completed Amazon brand registration, if they encounter any suspected infringement of their own trademarks, copyrights, or patents, they can use the Report a Violation tool to notify Amazon of the alleged infringement by themselves. Amazon makes its determination based on the information provided by the whistleblower.

Who is the whistleblower?

You need to complete Amazon Brand Registration first, which can be a Brand Owner (Rights Owner) or a Brand Authorized Agent (Registered Agent).

Ownership of trademarks, copyrights, or patents: whistleblowers must ensure that they own the appropriate intellectual property. For example, if your trademark is still a TM mark, you cannot report trademark infringement; for another example, if your patent has expired, you cannot report it.

What is "alleged infringement"?

1. Trademark infringement: For a registered trademark you obtained in a specific country/region, if others misuse your trademark in that country/region, causing buyers to be confused as to whether the goods or services are from your brand, it may be suspected Trademark Infringement.

2. Copyright infringement: For your original works, such as videos, paintings, photographic works, musical works, etc., you usually own the copyright. Others may not use it without the permission of the rights owner.

3. Patent infringement: Patents include design and utility model patents. A published patent grants its owner the right to prohibit others from making, using or selling the invention for a fixed number of years.

Process and Materials Required to Report "Copyright Infringement"

1. Search for ASINs suspected of copyright infringement

Enter ASIN, product link, or upload an image directly, click "Search"

2. Check the ASIN or picture to be reported (very critical)

Situation 1: If you want to report someone who uses your copyrighted image on the product details page without authorization: you need to check which image to report here, do not check the entire ASIN.

Situation 2: If you want to report someone who has used your copyrighted images on the product or packaging without authorization: Check which ASIN or which specific offer is here.

Check it, select "Copyright Infringement" in the upper right corner

3. Select the specific infringement

The option to report copyright infringement on the product detail page will only appear here if the specific image is checked in the second step.

Let's take the example of "using copyrighted pictures on the product's temperament page (not the actual product or its packaging) without authorization" to talk about what information needs to be provided.

4. Provide evidence

Seller A: I have not registered copyright for the picture, can I report it?

Can. Due to the automatic nature of copyright, Amazon allows sellers to provide a copyright registration number, a link to the copyrighted work, or a written description of the copyrighted work to report. Sellers can choose according to their own situation.

Seller B: I don't have a registration number, but I have a trademark. Can I fill in the registered trademark number?

Of course not! If you have a copyright registration number, please fill in the "What is the registration number" column accurately. Do not fill in the trademark registration number in this column, once filled in incorrectly, there will also be a red letter reminder, as shown below:

Seller C: I don't have a registration number, but I have selected "Link to Copyright Work" or "Written Description of Copyright Work". Both require me to write a short essay. What should I write?

5. Fill in the contact information and submit

Please fill in the correct and contactable email address here.

Tips to increase your pass rate:

1. Save the original document of the copyrighted work

2. Simultaneously upload copyrighted works to authoritative platforms, such as brand official websites, etc.

3. For important original materials, timely copyright registration

Key points for successful proof:

You must prove that you own the copyright to the image. The link provided needs to be able to prove that this picture is your original. For example, you can attach the link of the image on your brand website, and upload the original image, creation time (specific parameters in the image), and creation/shooting process as evidence to the online disk and submit it to the online disk link as evidence.

It must be clearly pointed out that the specific location and picture on the product details page is suspected of infringement. If the provided proof link contains multiple pictures on the page, it is also necessary to clearly indicate which picture's copyright is infringed.

Process and Documentation for Reporting "Trademark Infringement"

Step 1: Search for ASINs suspected of trademark infringement

Just like reporting copyright infringement, enter the ASIN, product link, or upload an image directly and click "Search"

Step 2: Check the ASIN to be reported or an offer from a co-selling seller

Here, it is also necessary to choose according to the situation, which will affect the operation of the third step:

If checked, select "Trademark Infringement" in the upper right corner

Situation 1: If you want to report that someone else has used your trademark on the product details page without authorization (not hijacking): You need to check the entire ASIN here.

Situation 2: If you think that the co-selling seller is selling fake goods, or someone else has used your trademark on the product or packaging: you can click "quote" and choose which co-selling seller's offer to report.

If checked, select "Trademark Infringement" in the upper right corner

Step 3: Select the specific infringement

If "My trademark is on the product or its packaging" and "The product is a counterfeit product" is checked: Test Buy (ie, place an order to buy the product to be reported) is required.

Test Buy is not required if other options are checked.

Step 4: Provide evidence

Case 1: If you report "Illegal use of my trademark on product pages":

This usually happens when someone creates a new listing that doesn't sell a product of your brand, but uses your brand name in the product title or five-point description, or includes your brand in the image on the detail page.

This case is relatively simple, just note:

1. Correctly choose the brand name and the infringed trademark

2. According to the prompt, choose whether the reported trademark appears on the picture or in the text

Step 5: Fill in the contact information and submit

Fill in the correct and contactable email address. It is recommended to try to keep the same as the email address when registering the Amazon brand.

Reasons for losing reporting privileges

According to the new requirements for reporting violations, here are some common reasons for losing access to the tool:

1. Equating "unauthorized" with "infringement"

2. Report the Test Buy order if it has not been delivered, or the order number provided is wrong.

3. The contact information provided is incorrect

4. Not the intellectual property owner of the brand, but claiming to own the intellectual property of the brand

5. Repeated reporting of products that have been restored for sale through appeals

If the brand that has not noticed the above reminders has lost the authority to report the violation tool, the brand can also file an appeal”, fill in the action plan (POA), file an appeal, and get back the authority.

Key points for writing an action plan:

✔ The root cause of the problem

✔ Current solutions

✔ Future precautions

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