Has anyone got any idea how you challenge an IP complaint ( takedown ) on Amazon when its unjust and disputed.
There seems to be no way you can do it? The appeal process is all about sending a LOA from the rights holder who made the complaint but of course if you are in dispute with them we cannot get a letter from them. We ARE the rights holder as its our ASIN, its our brand, its trademarked to us, the ASIN is our barcode registsred to GS1. Its clearly our brand, our ASIN.
The complaining company allege it infringes their copyright but we had legal advice 5 years ago who disagreed and refuted their claims. In the time since - they have contacted us 3-4 times and each time we have fully refuted the infringement but offered to work with them to discuss it if needed. They have ignored each response we have had. They have never taken any court proceedings because they know its unfounded. They simply don't like our brand and IP which is loosely similar.
They have now removed 150 of our designs which are entirely our designs but there seems NO mechanism to challenge this.
When I read up on this - its very clear how to do this in the US. So in the US the takedowns are governed by this 'DMCA' law. If you challenge and dispute this using a counter notice DMCA ( under oath ) then you are saying to the complaining rights holder - we refute your allegation - you MUST start formal court proceedings within 10 days up to back up your allegation OR in the meantime the ASIN will be re-instated. This then would put us who defend the claim under risk of perjury if it was an unfounded claim of non-infringement. This is perfectly sensible approach I am trying to do. But how on earth do you do it in AMAZON UK - there is no button, no dept, no drop down box to actually do this - the appeals are simply get permission from the company who make the allegation. It makes no sense.
Online says whilst DMCA is USA law - most of the world - including the UK - by de-facto mirror this procedure. The world adopted it and its what a lot of take downs seems to be based on. But AMAZON UK the cases and appeals - seem to compleley ignore my attempt to serve this counter notice.
Does anyone know who and how you serve this DMCA counter notice OR how you challenge a rights holder who you dispute the alleged infringements. OR is there some similar way to make the case for a dispute?
I can see plenty of legal places online who I can pay to do this - but this seems ridiculous because I have already paid out £1000s to legal advice in the last 5 years. We have trademarks in place, design rights, and its crystal clear.
I dont see any place in the amazon website/seller central you can speak to anyone or serve this type of notice.
Every appeal and case seems automated and ignores everything I ask. I have sent dozens of cases to say the above - and no reply ever answers the simple questio of 'HOW DO YOU CHALLENGE A RIGHTS HOLDER WHO IS MALICOUSLEY AND REPEATEDLY DOING TAKEDOWNS which is basically against our companies legal advice?
By AMAZON taking these down, they are accepting witout any question or any checking up - that the take down is right. They are taking sides with ONE single rights holder. That makes any rights holder the sole JUDGE and JURY which is ludicrous?
There must be some mechanism in Amazon to challenge it - but does anyone know how? What dept, email etc? How?
We are on brand registry ourselves, and our brand is fully trademarked. The ASINs removed are fully registered and approced under UK design rights. Its madness because I cannot show the evidence to anyone?
Its really an ABUSE of the system because they have never taken this further as my legal advice and response rebuffed it. They are using the takedown mechanism to bully us as a smaller company and essentially try to put us out of business.
Any help is much appreciated as its paralysed my company now!
Pinned by community manager
