Amazon Listings Hijacked

#1
09/08/2017 11:36

Ken Bruce

Member
Anyone else have their Amazon listings Hijacked? I have had 25% of my listings copied by Chinese sellers. There is really nothing I can do about it unless I Register my Brand which entails --
getting a Trademark and also
--having my logos attached to each of My Products and their packaging.
Not sur h ow to go about this since I am talking about 130 items.
Any Ideas???
#2
25/08/2017 14:39
Avatar

Millicent Peters

Member
FIGHT BACK! Cease and Desist for Amazon is also attached....
I experienced this earlier this year and it is quite disheartening. I had no other choice in the end but to request Amazon to remove my designs from their inventory (took awhile but they eventually did) and to close my account. You will need to notify the pirate by contacting them through their Amazon listing and let them know they are infringing on your listing and you can use the attached template for reporting them to Amazon. Since there were so many items of yours infringed upon use the template for Amazon and list all of the stolen listingS information once instead of repeatedly filing complaint applications through Amazon's system. Here's a sample notification you send to the pirate:
CEASE AND DESIST NOTIFICATION:

I, _______(your name) of _________(shop's name)am exclusively the brand owner and creator of this design and have not authorized you or anyone else to sell the following:
ASIN: B06XBDPYDK (example)
Item model number: 27571083-L-Black (example)

You are selling counterfeit products and engaging in copyright infringement which violates Federal DMCA which is something Amazon takes very seriously and shall thereby shut down, withhold seller funds or suspend your account entirely without warning.

If you do not remove your listing(s) within 24 hours, I will have to notify Amazon and issue a formal legal Cease and Desist letter and DMCA Notification. Of which you will face the consequences of having your account closed for deceptive copyright infringement practices. Also, you will be facing legal consequences for violating the Federal DMCA laws which will include penalties and fines indicated under the law for not less than $750 and not more than $150,000 per offense.

Thank you for your prompt attention. We aggressively protect and monitor our listings for copyright infringement. So, it is in your best interest to remove all other such listings you may have that are originally listed by:
NAME OF SELLER:_____________________
______________(your name), In Pro Per (representing yourself)
Sole Proprietor - Designer

If you get no response....
Last Notice: I've contacted you before and this item is still up for sale, therefore, you give me no choice but to report the copyright infringement to Amazon. You will be hearing from them shortly.

More information at: https://www.justice.gov/criminal-ccips/file/891011/download
https://www.stopfakes.gov/welcome

I will also have a Facebook page with this copyright infringement information called: "Hands Off My Work!" in the near future to help others that are being victimized by this practice.



M.Peters
#3
25/08/2017 15:31

Ken Bruce

Member
Thanks so much for the info...

In the meantime I have been removing the photos, descriptions and keywords from the listings(couldnt remove the listings entirely so i did this so that they won't sell) and am re-listing them with my brand name throughout the listing as well as a disclaimer in the description about these copycats and their shabby quality.
Its a shame that we have to go through this.

Thanks again!
#4
27/08/2017 11:31
Avatar

Millicent Peters

Member
You can have the listing removed entirely but that entails you contacting Amazon in a letter and let them know the listing needs to be removed due to copyright infringement and the infringers are producing counterfeit products to sell from it which is against Federal statutes and it is in their best interest to do so in order to accommodate and protect their business reputation between sellers and buyers. Amazon really cares about protecting their reputation and their bottom line.

Here is something you can add to your item's description.

THIS LISTING IS MONITORED-Other sellers do not hold the authentic exclusive copyrights for original designs and they will be REPORTED TO AMAZON!

Products purchased from sellers other than (your store name) are COUNTERFEITS and not guaranteed quality products. If you make any negative feedback include the seller's name so it is not confused with the original listing seller.

---------------------------------------------------------------------------------------------------------------------------
It gets to a point where you are playing "Whack-A-Mole" because as soon as you get rid of one pirate another one pops up. I also suggest you run an image search on your designs through Google because they will steal your design and sell it through other sites such as Ebay, Teespring, Spreadshirt, Bonanza (auction site) etc... Everyone should do this as these pirates are essentially stealing your income.

Also the attachment for copyright infringement (cease and desist) may not have attached properly so I am putting it here for you. Remit it to their legal dept. Keeps you from having to repeatedly send notices separately on so many infringed items:

CEASE AND DESIST DEMAND LETTER – COPY INFRINGEMENT
Pursuant to Title 17 of the United States Code
Dated:

To: Amazon Inc., aka: Amazon.com
Re: Intellectual Property Copyright and Listing Infringement of AMAZON SELLER(s):_____________(infringing seller)
This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the infringements reported below. Please address any correspondence to:
NAME:
ADDRESS:
Phone:
(cell)
(home-leave detail message)
I request that you immediately issue a cancellation notice as specified in RFC 1036 for the specified postings to prevent the infringer, identified below, from posting and selling the infringing material through your service, now and in the future. Please be advised that law requires Amazon, Inc., as a registered service provider, to “expeditiously remove or disable access to” the infringing material upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA. The infringing store selling copies of the work for which I hold a copyright is:
Violating Amazon Shop Seller Name (s):

Below, please find a link to my original work(s) along with a list of ASIN’s _____________74 (seventy-four) products that were infringed upon on the Amazon website.
**All of the following ASIN(s) are copyrighted works originally design by me and are listed as follows on the Under United States copyright law, ____________________ (YOUR NAME) copyrights have been in effect since the date my artwork was created. All copyrightable aspects of the above art work are copyrighted and protected under United States copyright law and are listed as such on the last page of this notification.
I have a good faith belief that use of the material listed above and displayed on your website in the manner complained of is not authorized by me, my agents, or the law for the following seller(s): (NAME OF INFRINGING SELLER)

to use for resale, etc.

Under penalty of perjury, I affirm that I am the complaining party and/or I am authorized to act on behalf of the owner of the exclusive rights in the work described above and that this statement is true and accurate to the best of my knowledge. I have a good faith belief that the content(s) described above violate(s) my rights described above or those held by the rights owner, and that the use of such content(s) is contrary to law.

I declare, under penalty of perjury, that the information contained in this notification is correct and accurate and that I am the owner or agent of the owner of the rights described above.
Sincerely,
NAME: ___________________________
SHOP NAME:______________________
STATUS: Sole Proprietor
Acting in Properia Persona
**Please accept the above type name as my authorized electronic signature.

Attached and incorporated herein is the list of infringed items (one or more) by the beforementioned seller(s) listed in this notification:

ASIN # TITLE IMAGE URL

B05XBJ7LYJ JuggaloMarch on Washington, DC 9-16-17 Tshirt (sample) http://www.cccxxxccc-.com/view/14 ( put in image url sample)


M.Peters

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