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Author Topic: My Item Was Removed For Copyright Violation ... Rightfully?  (Read 401 times)

vincity

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Hello, here you can see original item and my item: goo.gl/9t0jKP
I was selling my item on Amazon and here is the message I received:

Quote
We are contacting you because we received a report of copyright infringement from the rights owner listed below. Sellers on Amazon.com are not allowed to create listings or detail pages that infringe copyright.

We removed the content listed at the end of this email. We may let you list this content again if we receive a retraction of the complaint from the rights owner. Their contact information can be found below.

....
.....

If the rights owner agrees to retract their complaint, they must send the retraction to us at ........

If you believe that the reported content does not infringe the rights owner’s copyright, you may email ........ with supporting information, if appropriate.

If the rights owner does not retract their complaint, or you do not provide supporting information, we may provide your contact information to the rights owner upon their request.

We consider allegations of intellectual property infringement a serious matter and your account is under review. If we receive more complaints about your listings, we may not allow you to sell on Amazon.com.

My questions are:

1) Did I violate any copyrights?

2) If not what is the best way to get back into selling this item. Have a lawyer send message to the "copyrights owner"? Have a lawyer send a message to Amazon?

3) The phrase on the mug is not trademarked. Would obtaining that trademark help my case?

Thank you
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Smokin

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Re: My Item Was Removed For Copyright Violation ... Rightfully?
« Reply #1 on: 01-24-17 at 09:26 am »

looks like the original mug designers files a dmca take down notice which is a process that can and has been used legitimately and illegitimately.

If you feel you have not violated any copyright, you can file a dmca counterclaim which entitles those who originally complained, your contact information in order to pursue legal action if they wish. By filing a counter claim amazon can then reactivate your ad (assuming there are no additional measures/hoops you need to jump that amazon has self imposed.

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1) Did I violate any copyrights?

I dont think so. Its certainly a knock off, and its an obvious copy of the original idea, but in US ideas are not protected by copyright. One would have to ask, what copyright protections can be made for the original design. The shape of the mug is not protected or at all original. The font and collection of jokes can be, but you did not copy that. The design of the mug with a large "Emergency Dad Joke" in the middle with joke blurbs floating around it can be and that is where some may find that you have to a degree copied, but is that design idea original enough to prevent similar mugs with completely different content from taking form?? I would think no.

Usually a threat of a lawsuit and its costs are enough to scare competition away from the marketplace.

I recently received a "have a nice day" mug, and just now googled and enjoyed the variations I saw. I believe its a similar scenario.
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Disclaimer: Not a lawyer
 



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