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Can someone send me the specific copyright laws for items like we make ( vinyl decals ) ?

95% of my items are designed by me the other 5% are graphics that I purchased. 

I found several of my items being sold by an Amazon seller - they have copied many other people also. I contacted amazon and they keep giving me the run around the last communication from them is at the end of this post.

I already told them the products are my design & and I am the only manufacturer,  I even gave them a list of sites I sell on. Now they are asking me about trademarks that has nothing to do with the person copying my work. 

Same crap happens when you report things to eBay they run you in circles until you give up.

 

-----------------------

Hello,

We still need more information about your complaint for the items at the end of this email.

Please clarify how these items infringe your rights by resubmitting your complaint with answers to these questions: 

1. Are you the manufacturer?
2. Do you think that the items in your complaint do not match the product detail pages?
3. Do you think that your trademark appears on products that you do not manufacture?
4. Do you think that your trademark is used inappropriately on the product detail pages?
5. Have you placed test orders? If yes, provide the Amazon.com order numbers.
6. We ask that you clarify how these items infringe your rights. 
7. Please provide the US registration number of your trademark ? 

You can resubmit your complaint using our online form (http://www.amazon.com/gp/help/reports/infringement). Use the Additional Information field to answer the questions.

Seller Performance
Amazon.com
 

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Unfortunately they are probably going to "give you the run around" unless you have documented proof of your intellectual property to satisfy them. This is how they scare off illegitimate claims of infringement, people lacking documentation, and those who are weak willed.  You probably have very few methods of recourse.

Gather as much proof that the items in question are yours. (Having a dated original helps, or electronic time stamp that precedes anything they have).

If you have SOLID proof then, present this proof to them and demand to speak to someone in their legal department. You will be rebuffed at first.

 

1: Send them a Cease and Desist letter. 

2: FAX them a claim of damages, and intent to take them to small claims court, if you do not have satisfactory resolution of your complaint by X date. (This depends on your state and locality)

 

I sent SPRINT a claim of damages after they dicked me around with unlocking a phone. Going to the FCC did nothing. Sending them that letter got my problem resolved in days.

 

 

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38 minutes ago, Command said:

Unfortunately they are probably going to "give you the run around" unless you have documented proof of your intellectual property to satisfy them. This is how they scare off illegitimate claims of infringement, people lacking documentation, and those who are weak willed.  You probably have very few methods of recourse.

Gather as much proof that the items in question are yours. (Having a dated original helps, or electronic time stamp that precedes anything they have).

If you have SOLID proof then, present this proof to them and demand to speak to someone in their legal department. You will be rebuffed at first.

 

1: Send them a Cease and Desist letter. 

2: FAX them a claim of damages, and intent to take them to small claims court, if you do not have satisfactory resolution of your complaint by X date. (This depends on your state and locality)

 

I sent SPRINT a claim of damages after they dicked me around with unlocking a phone. Going to the FCC did nothing. Sending them that letter got my problem resolved in days.

 

 

 

It's kind of tough in this type of business to provide the the type of proof they are asking for, I thought we fell under something like an artists for derivative works.

My main gripe is quality control, if they sell an inferior product the brand I'm creating takes the hit.

Did you create the "claim of damages" yourself ?

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I didn't. What I did was write a cover letter, with a form provided by my county, and informed Sprint I was going to file it. It was for the cost of the phone ($120) + cost of service downtime. This came about because I was looking to take the phone i purchased from Ebay and bring it to one of the MVNO's. When i called Sprint, they said they would unlock it without issue (or qualification). When it came time to bring the phone up, because it wasn't for them, they claimed the former owner still owed a bill. They said I had a paperweight until they paid.

 

In your case the damages are not really concrete compared to mine. It would be more subjective?

 

In Adams county PA, Sprint would have to send out a representative to defend against the claim. If they did not, the judge would make a determination given any evidence presented. That's how it works by me. Personally I hate litigation, lawyers, and everything that goes with it, but these big companies really don't care. Amazon gets their cut regardless.

 

 

 

 

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You are correct they would be more subjective.

The seller finally responded and removed the listings, I decided to try this route also since I was getting nowhere with Amazon.

My guess is they are drop shiping since they have 1000's of items listed for sale.

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Glad to hear it.

It sucks that a lot of what we do that is IP heavy is so easily knocked off with minimal investment. Programs like Vector Magic make it very easy. Brainless, if you don't care about QC.

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16 minutes ago, Command said:

Glad to hear it.

It sucks that a lot of what we do that is IP heavy is so easily knocked off with minimal investment. Programs like Vector Magic make it very easy. Brainless, if you don't care about QC.

On Amazon they sell under my brand, so an inferior copy hurts us twice.

Thanks for the advice -

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