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I am a new seller, with brand registry. I started selling a toy couple of weeks ago and today the listing has been taken down on grounds of "Copyright infringement".
The toy is similar in some features to the claimant's toy but also distinctively different. For example:
The claimant toy is for 4+ ages - Mine is 3+ ages
The claimant toy needs batteries - Mine doesn't
The claimant toy has electronic lights that light up - Mine has no such feature
The claimant toy has makes electronic sounds of various types - Mine has no such feature
The branding and packaging is completely different too.
In general, vehicle toys have many similarities and that is what the claim seems to be based on. The claimant, of course, didn't highlight the differences and Amazon didn't seem to have noticed them either. The claim appears to be an anti-competitive action by the complainant to eliminate a competing but legally distinct product.
I have created a document that does side by side comparison of the products to highlight the "key" differences.
I tried to handle this issue through seller support, but they asked me to respond through "Policy violation Appeal" page. Now the issues is that the "Appeal" page does not have any option where I can fight this case on the basis of "wrongful" claim by sharing the "key differences document" that I have created. It shows the following acceptable options and mentions that no other documents will be accepted:
What is the best way to proceed with this please? I sourced the toy from AliBaba and the customised contents were sold on Amazon.
Thanks for your time reading my query.
Hi @Sarah_Amzn, @Ezra_Amazon, @Spencer_Amazon
Please could you help. I am a victim of false copyright infringment claim which seems an anti-competitive attempt by the complainant to eliminate a competing but legally distinct product.
I have documentary evidence of this false claim but the "Account Health" page doesn't provide any option to supply this document. The case ID is 10825345502.
Thanks
Hi,
Could you please review this case? The appeal process asks for documents that are only applicable if I were selling the claimant's products. However, I am not selling their product—I am selling a different one.
The case ID is 10872937872.
There are at least five other similar but distinct products currently being sold, such as:
My product is also similar to these but is not identical to any of them. Unfortunately, my listing has been removed, so I cannot provide a link.
I believe this copyright claim is unfair and may have been filed with the intention of eliminating competition. Additionally, in Amazon's violation email, the claimant's email ID was provided, but when I attempted to contact them, the email was invalid ("...@mattle.com"). This raises suspicion that the email was fabricated to strengthen a false copyright infringement claim.
I would appreciate your assistance in resolving this issue fairly.
Best Regards