Chinese Infringement Firm Fooled Amazon and Destroyed All Listings

This is definitely designed Chinese Attack trademark account. NOTICE, the trademark registration numbers are sequential 6707443->6707444->6707445

Registered to the same individual in China, by the same China attorney.

IHMO not a random coincidence but a bunch of trademarks are being misused for False Infringement Reports.

Then a quick Google search for the black hat brand name plus the word Amazon will show you the Chinese sellers who are taking you down. ( there is at least one legit USA seller, they are a non profit foundation, so do make sure to look at all the sellers, the Chinese ones who are actually selling counterfeits and SO BOLD AND BRAZEN & CONFIDENT they can exploit Amazon DMCA Takedown service and actually eliminate real brands so only the counterfeits will be left to purchase on Amazon. !!!!SICK, but true!!!!

First thing you can do is to file Counter Notice Under DMCA

Here is a link to how to do so with step by step

https://sellercentral.amazon.com/help/hub/reference/202017130?ref=ag_202017130_cont_69G3YF8A6VG7C2Y&locale=en-US

A couple notes on Above:

• Make sure you are/were selling a genuine Mario, PRIMETOY, Adventure Time, ETC.
• The parties who reported you are true "genuine" China counterfeiters, the only way your Counter Notice would not work, is if the complaining party, e.g. your genuine Counterfeiters from China filed a lawsuit in the Federal Court against (Mario, PRIMETOY, Adventure Time) listings infringing on their Genuine Counterfeit trademarks 6707443 SROUNAMY, 6707444 AVNLESOC, and 6707445 DEHALWOL ... which ain't donna happen.

Here is a bit if information you can use.

AMAZON IS aware AND actively combating DMCA Abuse. Amazon filed 3 lawsuits against DMCA Abusers ... ( Guess where they are located ? ) Google Techdirt Amazon Takes On Three Shady Retailers, Suing Them For Abusing The DMCA Process. That article has actual PDFs of the 3 lawsuits Amazon filed.

You can use the verbiage from those lawsuit docs to create a report violation case from your seller central.

Ask Seller Central to send your Violation Report from DMCA Abuse by the 3 brands to Amazon Investigation Team which deals with Brand Registry Abuse

for example from the lawsuit docs ( use can recycle this verbiage from the lawsuit Amazon filed )

Substituted the Defendant's name by ((Brand HoldersA/B/C)) in relevant places.

30. Some bad actors, however, have sought to abuse Amazon’s reporting and takedown processes to seek removal of materials from product listings even if they have no valid rights to assert. For example, some bad actors send Amazon takedown requests that falsely accuse a product listing of infringing the bad actor’s purported copyright or trademark.

32. Bad actors may use this tactic as a way of attacking and fraudulently suppressing or altering listings for competitors’ products so that consumers are more likely to buy the same products from the bad actors or their affiliates. Indeed, a fraudulent assertion of copyright ownership can be indistinguishable from a legitimate one: it may contain all the elements for a compliant notification under Section 512(c)(3)(A), and thus would trigger the DMCA’s provision for expeditious removal. To the extent that a false assertion of copyright infringement results in the removal of content from accused product listings, however temporarily, that unlawful and expressly prohibited conduct undermines the trust that customers, sellers, and manufacturers place in Amazon and tarnishes Amazon’s brand and reputation, thereby causing irreparable harm to Amazon.

33. Amazon innovates on behalf of customers and selling partners to improve Amazon’s notice-and-takedown processes, and to combat abuse. Amazon employs dedicated teams of software engineers, research scientists, program managers, and investigators to help ensure that legitimate sellers and product listings remain in the Store despite the efforts of bad actors to abuse the DMCA’s notice-and-takedown framework and to exploit Amazon’s systems.

34. In addition to these measures, Amazon actively cooperates with rightsholders and law enforcement to identify and prosecute bad actors suspected of engaging in illegal activity.

43. Each time it used the “Report a Violation” tool, ((Brand HoldersA/B/C)) declared that it had a good faith belief that the content at issue violated its rights and that use of such content was contrary to law. ((Brand HoldersA/B/C)) also declared, under penalty of perjury, that the information contained in each notification using the “Report a Violation” tool was accurate, and that ((Brand HoldersA/B/C)) was the owner, or agent of the owner, of the described rights.

44. ((Brand HoldersA/B/C)) knew that the content of its notifications was false, that it was not the owner or agent of the owner of the rights described in the submitted report, and that the content it identified was not infringing on any copyright it owned.

45. In reliance on ((Brand HoldersA/B/C)) deceptive submissions through the “Report a Violation” tool, which included all the elements that the DMCA requires for a compliant notification of claimed copyright infringement, Amazon expeditiously acted and removed content from product listings Dhuog identified in its complaints.

46. Amazon’s subsequent investigation of ((Brand HoldersA/B/C)) voluminous complaints will show that ((Brand HoldersA/B/C)) claims that its intellectual property rights had been infringed were false.

Request for investigation and actions : we submit that ((Brand HoldersA/B/C)) had abused the notice-and-takedown process by deceiving Amazon, and Amazon to block ((Brand HoldersA/B/C)) Brand Registry Account. In doing so, Amazon will protect its selling partners, customers, and Amazon’s reputation.

We also request that Amazon also restores product listings that had been taken down in the Amazon Store in reliance on ((Brand HoldersA/B/C)) deceptions.

We request that Amazon blocks the ((Brand HoldersA/B/C)) corresponding selling accounts as well.

Reference:

United States District Court for the Western District of Washington

Case: 2:23-cv-00484

03/30/23

Finally, if you like, you can try to get hold of Mario, PRIMETOY, Adventure Time and Alert them that These Asian Counterfeiters are actively removing their branded listings from Amazon marketplaces so the only listings that will be left to sell on Amazon will be the Counterfeit copies. ( you can find the counterfeit sellers via the google searches is posted screenshot of.

As the Chinese Hackers overtook Amazon, we the USA sellers will become a thing of a past unless we take an active role in changing the balance.

I do not want to overwhelm you, but since all of your products are currently on existant due to False Infringement Reports, devote some of your time to help remove the vermin causing this, if you like.