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How to Report Copyright or Trademark Infringement on Amazon
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How to Report Trademark or Copyright Infringements on Amazon
Amazon’s Brand Registry allows eligible brand owners to take specific, preventative measures to avoid brand erosion, control rogue sellers aiming to tarnish your brand’s credibility, and protect your intellectual property (IP). If you have a registered trademark for your brand and are eligible to enroll, you should do so as soon as possible as the Registry grants you an additional level of authority over product listings that include your brand name.
If you are an intellectual property (IP) owner with a registered trademark, you should check your eligibility for enrollment in Amazon’s Brand Registry. If you are eligible, you should enroll as soon as possible to prevent brand erosion and control any rogue sellers aiming to tarnish your brand’s credibility. The Registry provides access to proprietary text and image search, predictive automation based on your firsthand reports of suspected IP rights violations, and increased authority over product listings that include your brand name. Protecting your brand from possible copyright infringement is an essential part of brand management for Amazon businesses.
Claim Copyright or Trademark Infringement
If you believe you have been impacted by a copyright or trademark infringement, you should follow the procedure for the Amazon site where you found the infringement. Amazon asks that you submit the infringement complaint via their online form and they will respond as soon as possible.
If you are enrolled in the Brand Registry, you should use the Report a Violation (RAV) tool within the program. The form can also be used to report patent and other IP claims. If you prefer to submit a report in writing, you need to provide Amazon with the below information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted, trademarked, or patented work that you claim has been infringed upon
- A description of where the material you claim is infringing is located on the site (whether infringement occurs on the product, physical product packaging, image on the product detail page, text on the product detail page, etc.)
- A list of infringing products (either ASINs or URLs for the product detail page of the specific product). If you believe that only a subset of sellers are infringing, and you are not accusing the entire detail page, you should click the checkbox next to the name of each seller you are reporting in the infringement form or Report a Violation tool in the Brand Registry.
- Your address, phone number, and email address
- Any additional information that will help Amazon process your complaint (i.e. order IDs for any test buys on the products you are reporting)
- A statement by you that you have a “good-faith belief” that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
You should then send the notice to Amazon’s copyright agent either via email at email@example.com or at the address found here. With regard to Amazon product detail page ownership and image restrictions, there are a few instances where Amazon does not enforce infringement. When a detail page is made, it becomes a permanent page on amazon.com that will remain even if the seller’s inventory depletes.
Additionally, when you add your copyrighted image to a product detail page, you are granting Amazon and its affiliates a non-exclusive, royalty-free right to exercise all rights of publicity over the material. Other sellers can list their items for sale against pages that you have made or added copyrighted images to. However, Amazon does require sellers to list only against detail pages that exactly match their items.
If you think sellers are listing against items that do not exactly match their items, you can report the violation directly to Amazon with the form included above. If your copyrighted image has been added to Amazon’s catalog without your consent, you should also contact Amazon.
Additionally, Amazon does not take action on IP notices concerning trademarks, designs, or patents from other countries other than the country for which takedown is requested. For example, if you have a trademark registered in Canada, and you ask Amazon to remove an ASIN from Amazon in the U.S., Amazon will likely reject your notice.
Moreover, with selective or exclusive distribution, Amazon respects a manufacturer’s rights to engage into exclusive distribution and minimum advertised price (MAP) agreements for its products. However, violations of such agreements do not constitute IP rights infringement and as these agreements are between the manufacturer and you, Amazon does not assist in enforcement activities of this nature.
Infringement Reporting Best Practices
Amazon recommends several best practices to ensure the most productive resolution of your notices. To begin, do not submit more than one type of IP violation per notice. For example, do not select trademark infringement and discuss copyright issues in the same form. These should be two separate notices.
Additionally, if you want to report infringement of two separate trademarks, you should file separate notices. Lastly, do not submit retractions of complaints through the Report Infringement Form or Brand Registry. A seller may reach out to you requesting a retraction, and if that happens you can notify Amazon through the appropriate email queue.
What Happens After You Submit a Complaint
Once you submit your form or utilize Amazon’s RAV tool within the Brand Registry, you will receive a confirmation message that Amazon is reviewing your notice. They will send you a follow-up message once your notice has been processed. If your notice is valid, Amazon will inform the responsible sellers about your claim and share your contact information with them if they have any questions.
If your notice is accepted, Amazon will remove the reported content and take action against the responsible sellers — with specific actions remaining confidential. If your notice is rejected, Amazon will not remove the content reported and will not take action on the seller.
Given that these processes are extremely sensitive, submitting inaccurate or fake notices can lead to the removal of your ability to submit infringement notices. You should consult an attorney for help to ensure that your Amazon business has the proper procedures in place to prevent IP infringement.
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