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Someone is infringing, why did I suddenly lose my right to report it?How to use the Amazon reporting tool!
August 26, 2022
Contents:
1/ When can I use the “Report a Violation Tool (Report a Violation)”
2/ Procedure and required information for reporting copyright infringement
3/ Procedure and required information for reporting trademark infringement
4/ Common causes of loss of reporting rights and grievance guidelines
1/ When can I use the “Report a Violation Tool (Report a Violation)”
2/ Procedure and required information for reporting copyright infringement
3/ Procedure and required information for reporting trademark infringement
4/ Common causes of loss of reporting rights and grievance guidelines
There are always people who sell me, how can I successfully report it?
I heard that if you report suspected infringement to Amazon a few more times, can you really be successful?
If you report it a few more times, there will always be a success!
Big NO special NO!If you mistakenly “report a few more times”, not only will you not succeed, but you may also lose your right to report!
All brands pay attention!Report a Violation Tool (Report a Violation) New adjustments: Continued submission of inaccurate or false notifications may result in your submission privileges being revoked.
Today, Xiaobian will summarize the process for reporting illegal behavior, the evidence required, and how to file a complaint if you lose your permission to use the tool. Since copyright and trademarks are a common type of infringement for most sellers, today we'll focus on how to properly report copyright and trademark infringement.
#1
When can I use the “Report a Violation Tool (Report a Violation)”
Brand owners who have completed Amazon's brand registration can self-use the Report a Violation tool (Report a Violation) to notify Amazon of the suspected infringement of their trademarks, copyrights, or patents, and Amazon will make a judgment based on the information provided by the reporting party.
👇 What's the point of this passage?👇
Who can report it?
🌟 You must first complete the Amazon Brand Registry, which can be a brand rights owner (rights owner) or a registered agent (registered agent) of the brand.
🌟 Owning a trademark, copyright, or patent: The whistleblower must ensure that it has the corresponding intellectual property rights. For example, if your trademark is currently a TM trademark, you cannot report trademark infringement; for example, if your patent has expired, you cannot report it.
🌟 Owning a trademark, copyright, or patent: The whistleblower must ensure that it has the corresponding intellectual property rights. For example, if your trademark is currently a TM trademark, you cannot report trademark infringement; for example, if your patent has expired, you cannot report it.
What counts as “suspected infringement”?
🌟 Trademark infringement: For registered trademarks you have obtained in a specific country, trademark infringement may be suspected if others misuse your trademark in that country/region, causing buyers to be confused about whether the product or service actually originates from your brand.
🌟 Copyright infringement: You usually own the copyright for your original work, such as videos, paintings, photographs, music works, etc. No one else may use it at will without the permission of the rights holder.
🌟 Patent infringement: Patents include design and utility model patents. An issued patent grants its owner the right to exclude others from making, using, or selling the invention for a fixed number of years.
🌟 Copyright infringement: You usually own the copyright for your original work, such as videos, paintings, photographs, music works, etc. No one else may use it at will without the permission of the rights holder.
🌟 Patent infringement: Patents include design and utility model patents. An issued patent grants its owner the right to exclude others from making, using, or selling the invention for a fixed number of years.
The whistleblower must provide information
It is mainly used to explain why you are the right owner of that trademark, copyright, or patent, and why others have infringed on you. This is critical. We'll talk about it later.
Report a Violation Tool (Report a Violation) portal:
Log in to the brand registration dashboard (brandregistry.amazon.com) -> menu bar “Protect” -> Report a violation
Log in to the brand registration dashboard (brandregistry.amazon.com) -> menu bar “Protect” -> Report a violation
#2
Procedure and required materials for reporting “copyright infringement”
I'm sure all new sellers who want to set up cross-border e-commerce or develop new businesses to Amazon still have some questions. Today Xiaobian has compiled some of the biggest questions you are most concerned about.
01
Search for ASINs that are suspected of copyright infringement
Enter an ASIN, product link, or directly upload an image and click “Search”
02
Tick the ASIN or image you want to report
This step is critical!It will affect the operation of step 3:
● Case 1: If you want to report an unauthorized person, you have used a copyrighted image on the product detail page: you need to check which image to report here, do not check the entire ASIN.
● Scenario 2: If you want to report that someone else has used an image you own copyright on the product or package: check the specific ASIN or the specific offer here.
Once checked, select “Copyright Infringement” in the upper right corner
● Case 1: If you want to report an unauthorized person, you have used a copyrighted image on the product detail page: you need to check which image to report here, do not check the entire ASIN.
● Scenario 2: If you want to report that someone else has used an image you own copyright on the product or package: check the specific ASIN or the specific offer here.
Once checked, select “Copyright Infringement” in the upper right corner
03
Select the specific infringement
The option to report copyright infringement on the product detail page will only appear if the specific image is checked in step 2.
The following is an example of “unauthorized use of a copyrighted image on a product profile page (not the actual product or its packaging)” to explain what information is required.
The following is an example of “unauthorized use of a copyrighted image on a product profile page (not the actual product or its packaging)” to explain what information is required.
04
Providing evidentiary materials
Here's the point!！！
I haven't registered the copyright for the image, can I report it?
Yes. Because copyright is automatically acquired, Amazon allows sellers to report by providing a copyright registration number, a link to the copyrighted work, or a written description of the copyrighted work. Sellers can choose honestly according to their own circumstances.
I don't have a registration number, but I have a trademark. Can I fill in the registered trademark number?
Of course not!If you have a copyright registration number, please fill it out accurately in the “What is the registration number” column. Do not fill in the trademark registration number in this column. If you fill in an error, there will also be a red reminder, as shown below:
I don't have a registration number. If I chose “Link to Copyright Works” or “Written Instructions for Copyrighted Works”, I need to write a short essay. What exactly should I write?
● Let's look at an example. Wouldn't it work to write it this way:
Seller King
Lao Wang wants to report ASIN 1234 for unauthorized use of his original photos on the product detail page. During the reporting process, Lao Wang provided:
1. Lao Wang also used this image on his ASIN 5678 detail page. Therefore, Lao Wang provided a link to the product ASIN 5678 on Amazon.
2. In the “Provide More Information” section, Lao Wang wrote: The image on the ASIN 1234 product detail page misused the image I used in ASIN 5678.
1. Lao Wang also used this image on his ASIN 5678 detail page. Therefore, Lao Wang provided a link to the product ASIN 5678 on Amazon.
2. In the “Provide More Information” section, Lao Wang wrote: The image on the ASIN 1234 product detail page misused the image I used in ASIN 5678.
● Lao Wang... Of course the report was unsuccessful. What's wrong?
1. Simply providing a link to Amazon's ASIN is not enough proof that you own the copyright to the image. The link provided must prove that this image is your original work. For example, you can attach a link to the image on your brand's website, upload the original image, creation time (specific parameters in the image), and creation/shooting process as evidence to the network disk, and submit the link to the network disk as evidence.
2. It was not clearly stated that the exact location and image on the ASIN 1234 product detail page is suspected of infringement. If the evidentiary link provided contains multiple images on the page, it is also necessary to clearly indicate which image's copyright has been infringed.
2. It was not clearly stated that the exact location and image on the ASIN 1234 product detail page is suspected of infringement. If the evidentiary link provided contains multiple images on the page, it is also necessary to clearly indicate which image's copyright has been infringed.
05
Fill in the contact information and submit
Please note that you only need to fill in the correct, contactable email address here.
This concludes the copyright infringement reporting process. Finally, let's summarize a few tips that can help improve the pass rate:
● Save the original document of the copyrighted work
● Simultaneously upload copyrighted works to authoritative platforms, such as the brand's official website
● For important original materials, register copyright in a timely manner
This concludes the copyright infringement reporting process. Finally, let's summarize a few tips that can help improve the pass rate:
● Save the original document of the copyrighted work
● Simultaneously upload copyrighted works to authoritative platforms, such as the brand's official website
● For important original materials, register copyright in a timely manner
For more information, see the US Copyright Office website for copyright basics and frequently asked questions:
https://www.copyright.gov/circs/circ01.pdf
https://www.copyright.gov/help/faq/index.html
https://www.copyright.gov/circs/circ01.pdf
https://www.copyright.gov/help/faq/index.html
#3
Procedure and required information for reporting “trademark infringement”
First step
Search for ASINs suspected of trademark infringement
As with reporting copyright infringement, enter an ASIN, product link, or directly upload an image and click “Search”
Second step
Tick the ASIN or an offer with the seller you want to report
Here, too, you need to choose according to the situation, which will affect the operation in step 3:
Once checked, select “Trademark Infringement” in the upper right corner
● Case 1: If you want to report that someone else is not authorized and used your trademark on the product detail page (not a follow-up sale): You need to check the entire ASIN here.
● Situation 2: If you think the seller is selling a fake product, or if someone else has used your trademark on the product or package: you can click “Offer” and select which one to report specifically with the seller's offer.
Once checked, select “Trademark Infringement” in the upper right corner
Once checked, select “Trademark Infringement” in the upper right corner
● Case 1: If you want to report that someone else is not authorized and used your trademark on the product detail page (not a follow-up sale): You need to check the entire ASIN here.
● Situation 2: If you think the seller is selling a fake product, or if someone else has used your trademark on the product or package: you can click “Offer” and select which one to report specifically with the seller's offer.
Once checked, select “Trademark Infringement” in the upper right corner
Step 3
Select the specific infringement
If “My trademark is on the product or its packaging” or “The product is a counterfeit product” is checked: Test Buy (that is, place an order to buy the product to be reported).
If other options are checked, there is no need to go to Test Buy.
If other options are checked, there is no need to go to Test Buy.
Step 4
Providing evidentiary materials
If you report “the product page is unlawfully using my trademark”:
This usually happens when someone else creates a new listing and sells products other than your brand, but uses your trade name in the product title or five-point description, or includes your trademark in the image on the detail page.
This situation is relatively simple; just note:
● Correct selection of brand names and infringed trademarks
● According to the prompts, select whether the trademark being reported appears on the image or in the text
● Correct selection of brand names and infringed trademarks
● According to the prompts, select whether the trademark being reported appears on the image or in the text
If you report “the product or its packaging has my trademark on it” or “the product is a counterfeit product”:
Key points:
● Not all “unauthorized follow-up” is equivalent to “the product is a counterfeit product”!If the follow-up product is indeed authentic, the report cannot be successfully reported.
● Be sure to report the product after Test Buy has received it and confirm that the product is a counterfeit product or uses your trademark; if Test Buy has not occurred or you have not received the item, please do not report it first. Please fill in the Test Buy order number accurately here:
Step 5
Fill in the contact information and submit
Fill in the correct, contactable email address, and it is recommended that it be the same email address as when you first registered the Amazon Brand.
#4
Common causes of loss of right to report and guidance on how to appeal
According to the new requirements for reporting violations, what are some common causes that could cause the tool to lose permission:
1. Equate “unauthorized” with “infringement”
Authorization is more an act between a brand and its sales. Amazon respects the manufacturer's right to enter into an exclusive distribution agreement for its products, but Amazon does not enforce the exclusive right to sell. Therefore, brands must not use the Report Violation tool to report unauthorized sales unless the unauthorized act results in intellectual property infringement, such as the sale of counterfeit goods.
2. Report a Test Buy order if it hasn't been delivered, or the order number provided is wrong
If the date of submission of the report is earlier than the date the Test Buy order is delivered, the report will not pass. The Test Buy order ID provided must be filled in correctly to ensure that the order purchased the item as reported.
3. The contact details provided are incorrect
Never submit an invalid, unrelated URL and email address as the seller's contact information (e.g. @amazon .com)
4. Not the owner of the brand's intellectual property but claims to own the brand's intellectual property
For example, you need to be a brand rights owner (rights owner) or a brand authorized agent (registered agent) to report.
5. Repeatedly report products that have been resumed through an appeal
Sellers or ASINs that have been successfully reported but have been appealed and have resumed sales are advised not to report multiple times in a targeted manner.
If the brand did not notice the above reminder before and lost permission to report violations, you will see the following prompt on the tool's page. The brand can also click “Appeal This Decision”, fill out an action plan (POA), file an appeal, and take back the permission.
⚠ Key points of writing this action plan:
✔ The root cause of the issue:
What happened in the past that caused you to misuse the Report a Violation Tool?Have you made the common mistakes listed above?Get down to the bottom of the matter, ask yourself a few more why, and don't introduce unrelated information about your product, brand, business, etc. at length here.
What happened in the past that caused you to misuse the Report a Violation Tool?Have you made the common mistakes listed above?Get down to the bottom of the matter, ask yourself a few more why, and don't introduce unrelated information about your product, brand, business, etc. at length here.
✔ Solution for the moment:
What actions are being taken to resolve the problem or stop the problem from continuing to ferment?
What actions are being taken to resolve the problem or stop the problem from continuing to ferment?
✔ Future Precautions:
What future actions will be taken to ensure that the policies mentioned in the “Rights Owners' Intellectual Property” help page are properly understood?
What future actions will be taken to ensure that the policies mentioned in the “Rights Owners' Intellectual Property” help page are properly understood?
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