In the peak season of Q4, infringement has to be prevented. Otherwise, the listing will be removed from the shelves, and the sales authority will be removed in the worst case, and you will miss the opportunity to explode orders every minute. In particular, be careful of copyright infringement. Previously, some sellers were directly banned due to copyright infringement, and the money and goods in the account could not be recovered, resulting in heavy losses.

However, the lethality of copyright goes far beyond that. Not only is there the danger of being banned for infringement, but also accounts with improper complaints will also be suspended. Recently, several sellers reported that their accounts were suspended after submitting DMCA, and the circumstances of the suspension were different.

Some sellers received a notice of account ban while waiting for the result of the appeal, while some sellers have successfully appealed through DMCA, and were banned after sales resumed and the infringement performance disappeared. The reason for the ban was that they submitted DMCA fraudulently.

After the appeal is successful, the account can still be banned, which makes many sellers uneasy, and they are more and more confused about whether to submit a DMCA when they encounter copyright infringement problems. In this regard, Jite's advice is not to abuse it.

In what situations can the DMCA be used?

DMCA has always been regarded as a powerful tool to resolve malicious complaints of copyright infringement. According to the US Digital Millennium Copyright Act, if the respondent does not infringe or has the legal right to use the work, he or she can submit a DMCA Counter-Notice, that is, a DMCA counterclaim letter.

When Amazon receives the counterclaim letter, it will forward it to the complainant. The complainant will either withdraw the complaint or sue, and determine whether the infringement is infringed by the judgment of the court. If the complainant does not take any action, Amazon will unblock the listing after 10 working days.

At the beginning of last year, malicious complaints about copyright infringement occurred frequently, and unscrupulous peers copied sellers' listings to independent sites or other sites, and then complained about copyright infringement. Since the copyright of listings, 5-point descriptions, etc. is difficult to self-certify, the spoofed sellers can’t justify them, and they can only choose to submit DMCA. Indeed, many sellers have successfully solved the problem with this.

It is reported that due to the sharp increase in copyright infringement complaints, Amazon has also upgraded the complaint process, directly using DMCA as one of the options for complaint. The seller does not need to write a counterclaim letter, just tick and fill in the relevant information.

DMCA submission has become convenient and relatively effective, which makes many sellers ready to act when they encounter copyright infringement complaints. But the premise of submitting a DMCA must be: there is no copyright infringement of others, spoofed by competitors or misjudgment by Amazon. If the DMCA is submitted in the case of actual infringement, once the other party sues or is determined to be misused by Amazon, there will be a risk of being banned.

Preparation before submitting DMCA

Obviously, if there is indeed infringement, submitting the DMCA is very likely to be judged to be fraudulent submission, resulting in a ban. Therefore, Jite recommends that after receiving copyright infringement, you should not rush to admit or counterclaim, and should comprehensively evaluate whether the infringement is infringed.

Generally, Amazon's infringing emails will contain information such as what rights the other party has violated, the copyright number, and the contact information of the complainant. The seller can compare the other party's copyright information with its own listing to determine whether it is really infringing. If there is no clear copyright number or complaint content in the email, you can contact the other party for inquiries.

It should be noted that stealing pictures, pictures that are too similar, copying other people's listing text, products or product pictures using copyrighted images or patterns, etc. will trigger copyright infringement. Sellers must do a comprehensive investigation to avoid infringement without knowing it. If you are not sure of your own judgment, you can find a professional lawyer or intellectual property agency to help you investigate.

After investigation, it is confirmed that there is no infringement, and then choose to submit DMCA. Many sellers have reported that Amazon has not restored the link after submitting the DMCA. In this regard, you can consider submitting a reminder letter, or find a professional lawyer for assistance, and ask the lawyer to mail a copy to Amazon at the same time as the submission in the background, which can solve the problem faster and more effectively.

Welfare at the end of the article

As far as sellers are concerned, once the complaint is successful, whether it is successfully resolved or not, it will cause more or less losses. The best way is to do a good job of early warning of infringement risk, and deal with it immediately if it is found to be inappropriate. At the same time, copyright registration should be carried out in a timely manner to ensure comprehensive protection.

The current peak season is when all kinds of problems are high. In order to help you better deal with various problems, Jite has carefully prepared a complete collection of appeal templates , including:

I. Infringement Complaint Template

①DMCA reminder letter template

②Plaintiff's picture accused of infringement complaint template

③Complaint template for product image infringement ban

④Appeal template for malicious complaints about appearance patent infringement

⑤ Trademark Infringement Complaint Template / Misjudged Trademark Infringement Complaint Template

⑥ Request withdrawal email template

2. Other appeal templates

①Brand Abuse Complaint Guidance

②Abuse variant appeal template

③Account Association Appeal Template

④ Complaint template for selling fake goods

⑤Store freeze appeal template

⑥ODR Exceeding Complaint Template

⑦ATOZ Excessive Complaint Template

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