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Infringement trademark violation Complain from a competitor - Listing Hijacker
Hi there Guys,
I am in a situation here by a competitor listing hijack case and need some advice please:-
I have been suspended from selling on Amazon UK due to infringement trademark violation.
A rival seller complained to Amazon with a random email address {removed by Amazon} made a case with a list of 48 ASINs.
All of the items in complain they do not own or have exclusive right to themselves. They sell a third party item on Amazon. They do not own any of these product them self.
This seller is playing the system by claiming malicious complaint which I think is a blatant manipulation of the Amazon catalogue and marketplace. They are utilising their registered company name or brand name to protect their ASINS on which they are selling third party goods. Amazon doesn’t seem to distinguish the difference. I noticed they have doubled the price on these ASINS that they were originally competing with other sellers, after they shut out the other sellers with false infringement claims.
The circumstances are as follows:
The complaint was from a company identified as {removed by Amazon}. It has 2 other parent company as well which are Patch wow and Chew buy all three of those companies are the same company, and listed at the same address.
As it turns out they are using their registered brand names as the the trademark to create infringement cases to monopolise and the ASINs and listings they are create. Those listing encompass many different brands that are not their registered trade mark.
FabricFactoryUK were identified as ‘The Brand Name’ on all the ASIN’s which were listed in the complaint
These ASIN’s included images of various major brands from around the world (Such as Disney, Nintendo etc.) and it is most unlikely that FabricFactoryUK (If they even exist) could have been the rights holder themselves and therefore in no position to claim so.
The contact email address for{removed by Amazon} was shown as {removed by Amazon}. - Clearly the rights owner for such major brands would not use an anonymous web-based email address such as this.
Despite attempting to contact them via the email address provided, no response or acknowledgment was received.
Despite carrying out searches on Google, Companies House, HMRC, various business directories and elsewhere, I could find no trace of any company or organisation called (Or trading as) FabricFactoryUK or any similar derivative.
Coincidentally, all of the ASIN’s which were the subject of the complaint have had 'FabricFactoryUK’as the brand replaced by ‘PatchWOW’. Also coincidentally, ‘PatchWOW’ are now the sole seller of these items. Clearly there has been some manipulation of the Amazon Catalogue and I believe false rights claiming from an unscrupulous seller to the detriment of other sellers.
I have also found out that there are other 10 sellers who have been a victim of this malicious complain and have been booted out of Amazon uk site.
But
After appealing 2 of them have been reinstated back active again.
This is why I am seeking advice as to what could be the right approach for this issue, will be much obliged for some kind and helpful response to this issue.
Kind regards
0 replies
Seller_EJIX7rqDNQJi2
Hello,
I have already had a chance to deal with these guys. I am an authorised seller of popular US brand NECA.
This fraudulent seller managed to change the brand name and the manufacturer of this brand’s best selling products into their bogus “PatchWOW” brand. The products, which they sold under the listings, were counterfeit replicas from China.
They sent me threatening messages asking me to leave the listing within 24 hours or they will fill an infridgement case with Amazon which could lead to the removal of selling privileges.
I have immediately contacted Amazon, provided them all the proof of the product’s branding and changed the brand back to NECA. Also I have contacted the manufacturer to let them know about this seller’s practices and the seller was removed from the listings.
You should have immediately contacted Amazon to change the products brands back. It’s also your responsibility to ensure that all the details on your listings are correct. What you need to do is to correct the listing’s brands and then appeal the false infridgement claims. You also need to contact the manufacturers to let them know what is happening. They are indeed manipulating the marketplace listings. My experience happened several months ago and I already almost forgot about it. But I am sorry to hear that innocent sellers were suspended due to these malicious sellers.
Btw they were already suspended from Amazon and opened a new account.
Could you provide any of the ASINs?
Seller_oe7M63yr5TukM
Director
Amazon
Dear Sir:
This letter is a formal response to a claim of copyright infringement against one or more of the listing that I’ve listed on Amazon.uk. I believe the claims of copyright infringement are inaccurate and should be rejected because:
The complainant has provided no copyright registration information or other tangible evidence about the ASIN Listed products in question. The allegation of copyright violation is therefore in dispute, and at present unsupported.
The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner’s rights.
The complainant did not Provide sufficient information to identify the complainant, including full name, mailing address, telephone number, and email address. [17 USC 512©(3)(A)(iv)]
That the complainant is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. [17 USC 512©(3)(A)(vi)]
This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):
I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.
I ask that Amazon.uk, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).
My name, address, and telephone number are:
[G----------l]
[F---------@yahoo,com]
[0044------------0]
I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (my address is outside the United States, the jurisdiction of the Federal District Court for the United Kingdom).
I agree to accept service of process from the complainant.
Best regards,
Seller_oe7M63yr5TukM
Hi
Kika
i have contact amazon director on their email and told directly but they did not accept my explanation.
may be i am using wrong process and not finding the right route or process.
Amazon will not entertain my explanation.
i have to submit a counter notification with a declaration to take responsibility so amazon can step out of this dispute and thats when they will entertain my complain that
The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner’s rights.
please
Kika
let us know that how to get this process done
ill be much obliged
i have prepared a counter notice
Copyright Agent
Amazon Legal Department
P.O. Box 81226
Seattle, WA 98108
Phone: (206) 266-4064
Fax: (206) 266-7010
E-mail: counter-notice@amazon.com
Reference:-
Complaint ID: 792606564
ASIN: B00D789hkjswd
Infringement type: Trademark
Complaint ID: {removed by Amazon}
ASIN: B00KC7V0, B0WU2HG, B007KOAOXS
Infringement type: Trademark
Complaint ID: {removed by Amazon}
ASIN: B00D5V3EA4
B009uyyhg67,B09kju7
Infringement type: Trademark
Complaint ID: {removed by Amazon}
ASIN: Boojiwe90n,B-09886gh,B09876hgu
Infringement type: Trademark
Dear Sir:
This letter is a formal response to a claim of copyright infringement against one or more of the listing that I’ve listed on Amazon.uk from
{removed by Amazon}
I concurrently believe the claims of copyright infringement are inaccurate and should be rejected because:
The complainant has provided no copyright registration information or other tangible evidence about the ASIN listed products in question. The allegation of copyright violation is therefore in dispute, and at present unsupported.
The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner’s rights.
The complaint in question did not provide sufficient information to identify the complainant, including Business address, full name, mailing address and telephone number. [17 USC 512©(3)(A)(iv)]
The complain does not provided sufficient evidence that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [17 USC 512©(3)(A)(vi)]
This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):
I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.
I ask that Amazon.co.uk, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).
My name, address, and telephone number are:
Company’s Legal Name
Email Address
Business Address
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