While you might not have been the one who violated the companies copyright, it is possible that the text (think bullets and descriptions) or the images were used without permission. One of the unintended consequences of the way that Brand Registry 2.0 was set up is that it reports all of the sellers on the listing when a copyright infringement is filed. Copyright infringements are usually the easiest to dispute and sometimes hold the best opportunity for developing a long-term relationship with the filing brand.
Here is our recommended process for copyright complaints:
1. Close the listing (if it wasn’t closed for you) and consider closing all the listing you have for that brand depending on your risk tolerance and inventory levels.
2. Answer the following questions:
A)Did you upload the images or text?
B)If you uploaded images or text to the listing, where they copied from existing sources?
If the answer to either of these questions is yes and you don’t have explicit written permission to use the images or text, contact the brand, apologize and work with them to remove that IP from the listing as quickly as possible. You probably did in fact violate their copyright.
If the answer to the questions in section 2 are “no,” proceed to the next step.
3. Do your research:
Find the company’s phone number and email, also find the name, email, and phone number of the following: CEO, Director of Sales, Director or Marketing, and/or Customer Service Manager.
4. Make the first contact.
Send them all the following message and try to reach them by phone as well.
Hello (Insert name if available)
I received a complaint from Amazon about ASIN (Insert ASIN) on (Insert Date). The complaint was in regards to an intellectual property infringement. However, the listing was not created by anyone at our company. We listed on an existing listing. We are happy to help you change the contents of the listing to original images and text or work with you to help resolve any other copyright concerns.
We know that Amazon can be very frustrating we would love to work with you to help you resolve this matter.
In the meantime, we are asking that you retract your intellectual property infringement complaint because:
-The item is authentic (proof of purchase is attached).
-We did not upload or use without permission any photos or text from your company. We listed on an existing image that was created by another Seller Central user (and we can help you change that listing upon request).
-We did not infringe on use of your trademark or design patents.In addition to the email, Amazon provided reach out POLITELY via phone and email asking for the complaint to be retracted. Make sure you use a service so you can prove delivery was received and if the email was opened. Document every call, who you talked to, and notes from the conversations.
To revoke this complaint please email firstname.lastname@example.org & email@example.com to retract the complaint. If you can please, CC us on the response that would help us to resolve this issue faster.
(Your Contact Information)
5. Send the Second Notice
If you have not gotten a response within 48 business hours then we recommend that you send them second notice:
Dear (Insert contact )
I contacted you on (insert date) in regards to your claim on Amazon regarding copyright infringement. I have tried to reach you by phone and email and have been unable to get a response. It looks like someone outside of your organization might have filed the complaint. As per the DMCA statute filing, a false could put your company at legal liability. If you could please contact me as soon as possible in regards to this matter, I would appreciate it. Below is my contact information:
(Insert Contact Information)
6. Consider filing a counter DMCA claim
If you have not received a reply within 72 hours, use the directions here to file a counter DMCA claim. (You might want to consult with an attorney first- we recommend Casey Vaughn at Vaughn Law.)