How the Milo & Gabby v. Amazon Case Solved a Problem with Rights Owner
Examples of Amazon Copyright Infringement
A prime example of this is the Milo & Gabby, LLC v. Amazon.com, INC case. Milo and Gabby filed a claim against Amazon because third-party sellers were selling knockoff versions of their patented pillowcases.
This case was filed in October 2013, where the company sued Amazon for trademark infringement, copyright infringement, and the false designation of the original product based on the Lanham Act.
As a result, Amazon removed the infringing products and suspended the sellers from using their platform. The court ruled that Milo & Gabby’s claims for the Lanham Act were baseless and reimbursed Amazon for attorney costs and fees.
While Amazon might not be liable for the actions of third-party sellers, there are a few things that you can do to defend yourself from them. And we’ll explain how!
What to Do If an Amazon Seller is Using Your Designs
Most cases of amazon copyright infringement occur when sellers list designs, products, or other copyright information without the original owner’s permission. If you feel as if one of your designs or products have been misused, here are some steps to follow to help Amazon take them down:
- If Amazon’s listing has the name of the design (i.e., Zazzle, Society6, etc.) platform as the store name, but has a seller listed on the “ship and sold by” section, you can submit an infringement report and include your design platform’s information on the report. State that the seller/ASIN is infringing on the trademark and the product is not theirs.
- If the listing has a stolen design that’s not trademarked by design platform or by the seller, then send an email to Amazon based on the instructions or create an infringement report here and follow the instructions: https://www.amazon.com/report/infringement
- If your amazon copyright infringement report is rejected, then send the rejection notification and the report to design platform, and they will forward the application and find a way to assist you on your claim better.
Amazon’s Expert Professional support services and their team is the best way to ensure that your online brand grows. It will help prevent any additional problems that occur with other businesses and keep your brand unique.
All you have to do is make sure that you have the ownership of the product. If possible, show the copyrighted material of your product and watch Amazon do the rest. The hard work will be completed for you, and you won’t have been bothered by violations that might negatively affect your business.
Conclusion
To conclude, you have to be diligent when it comes to removing infringed product listings on Amazon. Contact them, show proof that you’re the rights owner of the product, and they will work to punish the third-party sellers and protect your product from illegal sales. By doing this, you ensure that your products are safe and prevent future sellers from using your content!
Sources:
- http://business.cch.com/ipld/MiloGabbyAmazoncomFedCir20170523.pdf
- http://www.dailyreportingsuite.com/ip/news/amazon_is_not_liable_for_infringing_products_sold_by_third_party_vendors
- https://amz-expert.pro/copyright-violation-appeal/
About the Author
Sunit Nandi I'm the leader of Techno FAQ. Also an engineering college student with immense interest in science and technology. Other interests include literature, coin collecting, gardening and photography. Always wish to live life like there's no tomorrow.
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