Jan 22 2021
Amazon copyright infringement: How to deal with?

Definition: Amazon copyright infringement refers to copyright violations from a company to a brand or company on Amazon. This includes the reuse of any class of intentions (that belongs to the first company restraining rights under law) by the second company.

The Amazon copyright Infringement cases have hastily increased over the preceding times The more you sell the more you are prone to copyright violations. Its often reported by sellers. The message center in seller central oftentimes undeviatingly affirms to remove a listing immediately.

Amazon copyright infringement: Introduction

As Amazon quotes, “Amazon’s Report Infringement form is intended for use by intellectual property rights owners and their agents to notify Amazon of alleged intellectual property infringements such as copyright and trademark concerns. If you are not an intellectual property rights owner or their agent, Amazon will not be able to process complaints submitted through this form”.

Or

In easy words, Amazon provides alternatives to the copyright owners to appeal against any infringement of property through a form. You have to fill-up the form if you are the rightful owner of the property. If you are not the rightful owner or the appointed agent for the company and just trying to impersonate games your form will be rejected by Amazon.

The meaning in detail

Feature page ownership and image restrictions: Amazon says, “When a detail page is created, it becomes a permanent catalog page on Amazon.com that will remain even if the creator’s inventory sells out. Additionally, when you add your copyrighted image to a detail page, you grant Amazon and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all rights of publicity over the material”.

Or, 

In simple words, when a feature page is generated it becomes a permanent archive on Amazon even if the product is sold out. 

The process includes the exceptional criteria: When any supplementary product is listed on Amazon under copyright case the author grants access to Amazon and its affiliates to a non-exclusive, worldwide, royalty-free, eternal, and permanent rights to practice advertising over the stock.

How to build and protect your brand on Amazon?

build-and-protect-brand

Here are few important terminologies to understand before inaugurating the Amazon brand registry:

  • A+ Content: This helps companies showcase their trademark story and merchandise features through rich texts and images. This drives CTC (Click Through Rate) to heights and attracts sales.
  • Sponsored Trademarks: This helps growing your business via specific product advertisements. Three products can be marked labeled, tagged with a tagline, and advertised at a time.
  • Amazon stores: You can create and sell your products through a multipage store on Amazon for free.
  • Amazon Brand Analytics: Here you can access customers’ behavioral analysis reports. This helps you in taking even more accurate decisions for your business.

The snippet below demonstrates the benefits of a brand registry on Amazon.

goal-of-infringement

Now comes the terminology of protecting your brand. Let us know a few of them:

  • Accurate listing: Your listing should be as accurate as possible.
  • Proactive brand protection: Amazon has an automated system to protect the brand registry on its platform. The more information you provide the more protected your brand becomes.
  • Report Violations: Amazon’s tool creates an automatic alert when someone violates your copyright.

Intellectual-property complaints: The plan of action

If a seller gets stuck in the intellectual-property complaints, he must be guided through the appropriate steps of revival. Else, there is a risk of getting banned or suspended on the platform.

Let us discuss the plan of action for the above condition:

Firstly,

You need to contact the right holder as soon as possible. Be polite and obscure at first. We find often an image or a description often leads to a misunderstanding. 

Secondly,

Try to fix the problem. Sometimes it isn’t even you who is causing the problem. We have had issues that were fixed on an agreement on a paper. Try to find out as easier way as possible.

Thirdly,

You can choose to ignore it if the letter is coming from another seller. The only brand that can really stop your business on Amazon is Amazon itself.

Fourthly,

Give up if you are in a weak position i.e. if you are selling branded products and the brand itself is claiming a copyright infringement claim against you. In such a case, you should try to resolve the matter and cope up with the situation, rather than fighting the lawsuit. Because a strong brand will fight for their case until they exhaust you financially. It is wiser to partner with them.

Fifthly,

Fight back if the claim is not from Amazon. It can be a tactic to intimidate you or tie you up in a false case. You have to inform Amazon concerning it if the complainer is not acknowledging you.

Amazon copyright infringement appeal

The reason behind copyright cases on Amazon is as per the company, “Amazon respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, follow the notice and procedure for the Amazon site where you identified the infringement.” 

The below snippet is a format to appeal a case of infringement. 

While appealing you have to keep in mind the clientele details to provide to Amazon in writing:

  • An electronic or physical signature of the person acting on the behalf of the owner having an interest in copyright infringement.
  • A description of the product on which the infringement has been claimed upon.
  • The link of the product which disobeyed the law.
  • Your address, telephone number, and e-mail address.
  • A written statement that includes a declaration that the copyright was not granted or sold from your side.
  • A written statement for the information is correct to the best of your knowledge.

The below snippet is a format for infringement appeals. format

Conclusion

Amazon copyright infringement is the best tool to safeguard your property against misuse on the online shop portfolio. Also, it maintains your authenticity and reliability on the platform.

If you are the one stuck in the situation for a case against you follow the above-discussed steps. 

We hope this information might help you. For an expert’s assistance, please contact Sellers Attorneys. We as a company will guide you throughout the situation.

 

Avaneesh Mishra 0 Comments
Amazon A to z Policy
Jan 13 2021
Amazon A to z Policy: How to avoid it?

Amazon A to z Policy: Introduction

The A to z policy of amazon says:

“The Amazon A to z Guarantee protects you when you purchase items sold and fulfilled by a third-party seller. Our guarantee covers both the timely delivery and the condition of your items. If either are unsatisfactory, report the problem and our team determines whether you are eligible for a refund”.

Or in other words, Amazon will help the customers in getting their money back if there is nothing snuffy in their account.

As a seller, you have to be extra careful while packing, shipping, and representing your product. If any of the three goes obverse, you are prone to an A to z claim.

There are circumstances when illegal buyers try the A to z policy just to game the system. But it’s not a frequent phenomenon. You can separate them from honest buyers easily. Therefore, to keep the system in check Amazon has provided a limited number of claims per buyer.

So, examine the file with care. It can keep you intact in the situation. Wherefore, you weigh the pros and cons of the matter and decide to fight or let it go.

Please note the A to z policy does not apply to the following items or categories:

  • Any kind of digital service or item.
  • The order was paid by vouchers, gift cards, or coupons, etc.
  • If a refund has been completed.

Amazon policy for sellers: A to z

Amazon quotes, “The following policy applies to the purchases made on third-party sites using Amazon Payments. For details on A to z Guarantee protection for purchases made on the Amazon.com website, please see Representing Your Side in an A to z Guarantee Claim“.

Here is a snippet representing how it looks like.

 

How to avoid an A to z claim: A step-to-step guide

If you have been a seller on amazon long enough, Amazon’s A to z claims is inevitable for you. As the famous phrase says, “to error is human, to forgive is divine”. Mistakes do happen. In such a case, Sellers Attorneys will love helping you avoiding Amazon’s A to z policy. We will help to craft your claim as well as assist you to avoid the claims in the first place.

Here is a quick guide to avoiding the A to z claim.

Firstly, keep your product images and videos very realistic and matching to your product. 

Secondly, check all the details while delivering the package. Moreover, update the tracking id as soon as you get it. If there is any problem with the delivery team, it’s time to change your partners.

Thirdly, be timely with refunds. In case you don’t have the money, assure the buyer of the refunds and the time limits.

Fourthly, facilitate the returning i.e. coordinate with Amazon in the refunding process and keep it in ASAP mode.

Fifthly, improve quality control i.e improve the quality of your products and keep the quality in check to avoid these claims in the first place.

Amazon A to z Guarantee and claim: How to counter-claim?

Amazon says:

“You may be eligible to request a refund under the A to z Guarantee when the following applies:

  1. You have not received your package and three days have passed since the maximum estimated delivery date or the tracking shows a delivery confirmation, whichever is sooner.
  2. You received an order that is different than expected and have requested a return from the seller.
  3. You returned your item with a trackable shipping method and the seller has not issued you a refund.

Note: We may require you to first contact the seller and wait for a response for 48 hours before you are eligible to request a refund.”

If the customer is not fitting in any of the above prospects you can counter-claim to stop the refund process.

Draft your words carefully, keeping in mind the seriousness of the situation. If you are not guilty you might win the claim.

Counter claiming guidelines:

Here is a quick guide to counter-claiming guidelines and things to keep intact. As per Amazon following might help you save your side in an A to z situation. Amazon’s guideline says:

  • For delivery associated claims: Retain dispatch method, proof of delivery, tracking number, and courier details.
  • For returns, associated Claims: Qualification of the return request, domestic return residence, returns freighting details (say return label).
  • Any dialogue between the Buyer and you that demonstrates you spoke to the buyer or received an e-mail message from the buyer with an acknowledgment of receipt of the order and or satisfaction with the purchase.

Conclusion: Final thoughts on A to z policy

As we can observe, Amazon’s A to z policy is heavily centered around guaranteeing that the customers get the right product. And, they have a right to return it. If every perspective of it is in order, nobody gets into trouble while administering with A to z claims.

We hope our erudition has been able to help you.

Avaneesh Mishra 0 Comments