标题: 遇到侵权不要慌,有这样的解决思路才万无一失 [打印本页] 作者: 章鱼哥跨境 时间: 2022-3-23 14:40 标题: 遇到侵权不要慌,有这样的解决思路才万无一失 一般来说,我们收到的官方告知邮件的格式是以下的格式
Hello,
We received a report from a rights owner that the items at the end of this email infringe their utility patent rights. (投诉原因:发明专利侵权)
If you want to resolve this dispute, contact the rights owner:
-- xxxx xxxx, xxxxxxxxx@xxxxxxxxx.com (邮箱后缀有时候可以看出投诉方的公司简称)
-- Patent number: US xxxxxxxxxxxx
Please work directly with the rights owner to resolve this matter. (官方意见:联系投诉方解决问题)
ASIN: xxxxxxxxxxxx(ASIN码) - xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(侵权Listing的标题)
Complaint ID: xxxxxxx
大多数情况下, 官方给的意见都是 Please work directly with the rights owner to resolve this matter, 让我们自行联系投诉方解决这件投诉案件。
不要遇到侵权以后就特别慌张,想着提交假资料 p图去过那样肯有可能一封拒死,有很多卖家同行会故意恶意投诉你,所以你要先确定好自己是否真的侵权了
如果投诉邮件中,有写是因为什么侵权,比如说你是商标侵权,写的商标名字是*** 对方商标注册号是XXXX, 则可以直接进入商标局官网进行查询核对是否真实存在此商标, 对方注册商标类别是否符合被投诉的产品类别, 如对方用一个25类(服装类)商标投诉你卖的电子产品, 那是不成立的, 商标是有分类保护的。如对方用中国商标投诉你在亚马逊美国站的销售,那也是不成立的,商标是地域性保护的。
若投诉邮件中并无提及侵权具体原因,那么也可以先自行初步做一个判断, 自己是否真实侵权。首先,listing描述中是否含有其他人的商标?图片上的产品的商标和文字是否含有他人的商标?其次,若产品图为网上下载,该图片是否侵犯版权?此外,该产品是否拥有发明和外观专利保护?
Dear Sirs,
I am XXXX, Amazon seller of the ASIN: XXXXXXXXXX. We are informed that this product infringes your intellectual property right.
First of all, I apologize for that if we did. When we received the infringement notice, we immediately check the listing. As you can see, we have our owner brand, thus, we are not sure what kind of intellectual right we infringed, we hope you can tell us. And we sincerely hope to solve this in an amicable way. If we did infringed your property right, we promise not to do that again.
We are waiting for your soon reply.
Dear Sirs,
I am XXXX, Amazon seller of the ASIN: XXXXXXXXXX. We are informed that this product infringes your design patent (copyright/ invention patent).
First of all, I apologize if we infringed your right . When we received the infringement notice, we immediately remove the listing and we will not sell the product of your design. And we sincerely hope to solve this in an amicable way. Now our store have been blocked by Amazon because we infringes your design patent. We hope you can understand that we do not know this product has a design patent. If we know, we would not do that. And now Amazon will not unblock our store until you remove the complain. We are a seller of good faith, and we hope you can remove your complaint later. We promise we carefully check all our products before selling, and won’t make the same mistake again.
We are waiting for your soon reply.
Sincerely,
XXXXXX (署名)
On behalf of XXXX(店铺名)
联系后, 对方若不予以回应, 那就多联系几次, 每天联系一次, 并保留联系邮件证据, 表明我们是积极主动并十分诚恳地处理此案件的态度。
Dear Amazon seller support team,
We got a infringement notice on xxxxxx(日期), the ASIN: xxxxxxxxx, and we have contacted the holder immediately, but several days passed, we have sent e-mails to the complainant for many times, but no reply from them.
For the ASIN: xxxxxxxx, we sold under our own brand: XXXX (REG. NO. XXXXXXX), besides, we are sure that the pictures of the listing are ours. If the complainant has a design or invention patent, we hope you can tell us the detail information about that. We fully respect all the property intellectual rights, but now no one is sure that we have infringed the complainant’s IP right and our listing was removed and the store was blocked because of such a unreasonable complain. It is so unfair for us. Here we sincerely hope Amazon can contact the complainant and require them to reply our e-mail, or let them provide their intellectual property right information. And if the complainant did not offer any active intellectual property right proof, we hope Amazon can unblock our store.
Look forward to your reply soon.
Sincerely,
XXX (署名)
On behalf of XXXX(店铺名)
申诉邮件模板如下:
Dear Amazon,
Thank you very much for giving me a chance to appeal the removal of our Amazon selling privileges .Please see our following information.
Our selling privileges has been removed by Amazon on XXXXX(日期), for some of our listings violated related Amazon policies,especially infringed intellectual property rights.
First we apologize for our wrong behaviour. We will carefully read related Amazon policies before we build new listings, and we will not sell any products that infringe other intellectual property right.
We are new seller on Amazon, but we hope we can have chance to provide selling service on Amazon, we will do our best to be a good faith seller.
We hope Amazon can give me a chance again. If there’s any other information you need, please feel free to contact us.
Look forward to your reply soon.
Sincerely,
XXX (署名)
On behalf of XXXX(店铺名)
Dear Amazon seller support team,
We got a infringement notice on xxxxxx(日期), the ASIN: xxxxxxxxx, and we have contacted the holder immediately, but several days passed, we have sent e-mails to the complainant for many times, but no reply from them. Seen the attachments, proof of our contacting records with the complainant.
For the ASIN: xxxxxxxx, we sold under our own brand: XXXX (REG. NO. XXXXXXX). Besides, we are sure that the pictures of the listing are ours. Furthermore, we have design patent as well, its design patent number is xxxxxxx. And we attach our trademark and design patent certificates.
We trust ourselves did not infringe any one’s IP right, and the complain is unreasonable, we hope Amazon can recover our Amazon selling privileges immediately.
If there’s any other information you need, please feel free to contact us.
Look forward to your reply soon.
Sincerely,
XXX (署名)
On behalf of XXXX(店铺名)