What is copyright infringement?
Compared with trademark patents, copyright issues are relatively complicated. Even if we want to check the risk of copyright infringement before the product is put on the shelves, we don't know where to start in most cases.
There are three main possibilities of copyright infringement: pictures, copywriting and elements.
1) picture infringement
You can't use other people's drawings directly without authorization.
Many sellers think that the pictures provided by suppliers should not be at risk of infringement, but it must be noted that the pictures of suppliers have probably been provided to many people, and these competitors may complain about you.
For the infringement of pictures, the best way is to take the original picture, and then copyright registration. At the same time, try to avoid over-imitating other people's pictures, or you may be sued for infringement.
2) Copywriting infringement
Plagiarism and reference to similar product descriptions can easily lead to infringement.
If it is impossible to copy the list, what about copying only part of it?
Of course not. Because the description of the copy may be complained of copyright infringement if it is not changed.
Moreover, each list has a creation time, which will also be an important aspect for Amazon to indirectly judge the "copyright" of products.
Therefore, sellers and friends should write five descriptions according to the characteristics of their products, which is guaranteed.
What if Amazon Store products involve infringement?
The first type: settlement is mainly in the case that the shop has been verified to be infringing. At this point, the seller can contact the intellectual property owner in time to reach an out-of-court settlement or make compensation through a court decision. If there is no reply from the other party, it is recommended to send emails to the other party several times and keep a record of each sending for collection. If the other party still doesn't reply, you can directly appeal to the platform for ruling. If the settlement conditions are too harsh and the settlement amount is too high when communicating and negotiating with the other party, you can consider suing the court, and the court may reduce the compensation to a reasonable amount.
The second type: responding to the lawsuit, if the seller determines or verifies that he has not infringed or the infringement is not established. We should promptly entrust local lawyers in the United States to conduct infringement analysis and take countermeasures to reduce the cycle and delay in handling intermediate cases.
Third: ignore this situation. Generally, novice sellers or shops use it more when the value is relatively low or the amount of frozen funds is not high, so they choose not to complain, settle accounts or respond. It should be noted here that frozen fund accounts and infringing shops are not recommended to continue to be used. The validity period of the judgment order of the American court is 10 years, and it can be filed again after the expiration. In other words, if the seller continues to operate the store involved, even if there is no further infringement in the future, the plaintiff can still seek compensation from the seller after several years. Moreover, it may be blacklisted, banned from entering the United States, and detained the goods sent by the defendant to the United States according to law, and other more serious penalties!
Under what circumstances can copyright infringement not be appealed?
Unauthorized use of patterns or images with copyright elements by products will lead to element infringement, that is, the product itself is not actionable.
Now many brands like to use "trademark+copyright" to protect their rights. For example, animated movies such as Marvel Comics/Miyazaki Hayao/Star Wars or movies with fire around them are considered common by many sellers, but they are high-risk minefields for infringement, so sellers must pay attention to them.
How to write a letter of complaint
Many people think that complaint service providers are templates, and the cost is still expensive.
Let's just say that if a POA can solve the problem of multiple accounts at the same time, then the setting will be fine. If you want to improve the appeal pass rate, you still need to write for a specific account.
For example, complaints about copyright infringement can be written in many ways according to different reasons:
(1) If it is a malicious complaint, you can submit relevant evidence to counterclaim;
(2) admit that negligence caused the infringement problem. At present, the content of infringement has been revised and the evidence has been provided.
Different people have different appeal styles and ideas. If you want to improve the pass rate, you need to analyze and judge according to the actual situation of the account.
David cross-border, focusing on trademark patent copyright, promoting the spirit of guardian, and escorting your cross-border e-commerce business.