First IP Infringement in 11 years of selling (for Used book)... lil' help please

Account Health Intellectual Property
, ,
1

All,

I’ve never once received an IP complaint until this evening. I only sell USED books. Please see the Amazon email below. This was apparently for a used Carlos Santana biography published by Greenwood (identical to this). I’ve never dealt with this before and have a “High” impact complaint on my Account Health as a result. How should I best proceed?

“Hello Actions have been taken on one or more of your listings based on a report from a rights owner that was found to be a valid infringement. We removed one or more of the listings at the bottom of this message because we received a report from a rights owner that the product on the listing or product detail page may infringe their personality or name rights. Why did this happen? We received a report from a rights owner alleging that one or more of your listings may be infringing on the intellectual property rights of others. Amazon requires that listings do not infringe upon the intellectual property rights of others in the store where the ASINs is listed. Listing content infringing on the intellectual property of others is against our policies: أمازون We’re here to help. If you have questions about the violations or need help to submit appeals, contact us to speak to an Account Health Specialist: تسجيل الدخول إلى أمازون If you need help understanding how your listings may infringe the intellectual property rights of others, please visit the “Intellectual Property Policy” page in Seller Central Help: أمازون How do I address this issue? To submit your appeal, go to your “Account Health” page and click “Appeal” next to the policy warning and follow the on-screen instructions: تسجيل الدخول إلى أمازون Have your listings been removed in error? If you think that the rights owner has made an error in sending the notice, reach out to the rights owner and ask them to submit a retraction of this notice. Only retractions submitted by the rights owner directly to Amazon will be accepted. Amazon does not accept forwarded or attached retractions. Rights owner contact information is provided at the bottom of this email. If the rights owner does not retract their complaint, or you do not provide supporting information mentioned below, your contact information may be provided to the rights owner upon their request. You may also provide an invoice, a valid order ID, or a letter of authorization from the manufacturer or rights owner demonstrating that your use of the intellectual property is lawful. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff. What happens if I do not provide the requested information? If we do not receive a response, the listing will remain deactivated. The violation record will remain on your Account Health page for up to 180 days after the listing was deactivated or until the violation is successfully disputed. Deleting your listing on this ASIN does not sufficiently address the reason for the violation and will not result in its removal from your Account Health page. These are the rights owner’s contact details: Daniel Schacht, Esq. [email protected] Rights owner communication: The listing includes an advertisement for the sale of unofficial merchandise bearing the trademark(s) of Carlos Santana in violation of our intellectual property and merchandising rights. Carlos Santana’s trademark is protected under the Section 43(a) of the United States’ federal Lanham Act (15 U.S.C. § 1051 et seq.). https://www.santana.com/ ASIN: 0313354200 Infringement type: Personality Rights Registration number: https://www.santana.com/ Complaint ID: 15846664321 You can view your account performance: تسجيل الدخول إلى أمازون Alternatively, select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health page shows how well your account is performing against the performance metrics and policies required to sell on Amazon. – Download the iOS app: https://itunes.apple.com/us/app/amazon-seller/id794141485 – Download the Android app: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en_US Amazon.com”

4 Likes
2

I will say, after taking a breath and a minute, it looks like I’ll just have to live w/ a violation for 180 days (and eat the 8 points of Account Health I’m suddenly dinged). Seems like Amazon kind of does a guilty until proven innocent and only your accuser can call you innocent thing.

3 Likes
3

I have had similar IP complaints based on a trademarked person’s name.

I used to be able to get them reversed. Then it became impossible. This is a part of why I no longer sell on Amazon.

Had it happen with original movie posters featuring Richard Pryor in the cast, and a song collection by Barry Manilow.

While my account was active, the metric hit caused me no harm, but the issue made me hesitant to want to list many collectible items.

There are still alternative venues, and I sell in them.

I also got an IP complaint for a magazine which featured an article about Paul McCartney.

8 Likes
4

Do you have a template for replies to complainants on this I could look at? I don’t even know how to respond in a way that a law firm will not just toss in the trash.

1 Like
5

Amazon is going to throw the response in the trash.

It does not matter what legal protections exist for free speech or anything else. Santana’s name has been used, it is trademarked and Amazon will not take any risk on your behalf.

This differs from copyright disputes where there is a defined DCMA procedure which keeps Amazon safe.

The metric is usually meaningless, you are not going to get to sell the book.

3 Likes
6

What happens, do you see, when you do this?

ETA - Not my area, but I wonder if a book printed in 2009 could have used his name before it was trademarked?? A possible defense, although likely not worth the trouble.

2 Likes
7

This is quite interesting, as Brand Registry seems to be mistaken about the simple “Classes of Goods” protected with trademarks by the estate of Carlos Santana. First off, there IS no trademark for “Carlos Santana”. There are both “Carlos by Carlos Santana” and “Santana by Carlos Santana”. These marks are registered for clothing, eyewear, footwear etc.

The claim “The listing includes an advertisement for the sale of unofficial merchandise bearing the trademark(s) of Carlos Santana in violation of our intellectual property and merchandising rights.” is a LIE, as they have no such trademark registered with the USPTO.

To explain, there is no “Personality Rights Registration number” at the USPTO - thats a STATE level thing, a state law issue, not a trademark, not enforced under the Lanham Act.

So, I would report this clear TRADEMARK ABUSE to the Brand Registry with two simple statements:

a) While there is a federal trademark for “Carlos by Carlos Santana” and “Santana by Carlos Santana”, for classes of goods in the clothing area, there is no trademark at all for “Carlos Santana”. There never could be a trademark for “Carlos Santana” as one may not trademark their name, or anyone else’s name.

b) While there is a STATE-level “Right Of Publicity” and “Personality Rights”, that’s on a state-by-state basis, and it does not apply to books (biographies), as the late Carlos Sanata is the subject of the biography, the publisher of the book and any/all sellers of the book have clear NOMINATIVE RIGHTS under trademark law to accurately describe the goods being sold as a biography of the famous musician. If the purported “trademark claim” were valid, no one could sell ANY Carlos Santana record or CD, new or used for the same reason as claimed here, which is utter nonsense.

The report of infringement is trademark abuse, as there is no registered trademark “Carlos Santana” and “publicity rights” are a matter to take up with the publisher under state law, not a bookseller. The remedy might be damages from the publisher, but advertising a published book for sale would only be “barred” by an injunction against the publisher, imposed by a state court, and only valid in that specific state.

5 Likes
8

@packetfire

No one at Amazon legal is going to give this issue any thought and no one who handles IP enforcement is going to deal with this argument.

It is likely that an Amazon bot has received what it believes is an acceptable assertion of rights, and will not be overridden.

This is not an issue of right or wrong, this is Amazon playing CYA and the downside is much higher than the upside for Amazon.

The OP could always begin an arbitration action, but that is counter productive.

Tilting at windmills is not a productive use of time.

3 Likes
9

@lake

I see no reason why the Brand Registry people cannot at least verify that the claim is based upon an actual registered trademark, as they demand a USPTO registration number when one makes the “claim”, and this compliant is lacking that “minor detail”.

The trademark claim is fraud, pure and simple. Why NOT inform brand registry that the claim is abusive? Some human MUST review the claims of trademark abuse.

3 Likes
10

The reason is simple.

Even two minutes of checking (and 10 minutes of refreshing what should be checked) are more than many listings are financially worth to Amazon.

Amazon dealt with increased levels of appeals for SIPVs which were successful by ceasing to act on appeals.

The level of mediocrity that the growth of the internet has spawned has only gotten worse as AI techniques were used to reduce overhead costs. And the future looks grim - so if one wants to create wealth, one might have to buy Nvidia stock and hope there is a bigger sucker to keep its P/E multiple high.

2 Likes
11

This is all the more reason to call out Trademark Abuse when it happens to you.
The bully expects to roll over the little book seller, and the bully is an attorney, so he deserves what he gets, which would be a serious punishment - the inability to submit any more trademark complaints.

4 Likes
12

Sorry, been out of town last few days:

image
image1101×638 51.5 KB

2 Likes
13

Thank you for your suggestion. I don’t see the harm in at least trying this. Where does one go to even imitate this process? The brand registry landing page is useless for help/support links.

1 Like
14

I think I’d try the fist bullet and state that there is no current trademark you can find on https://tmsearch.uspto.gov for “Carlos Santana” and there was no trademark in effect in 2009 when this was published. If a trademark does exist the complainant must provide the US Serial Number & US Registration Number.

4 Likes
15

Awesome. Thank you. I just tried as you suggested, but it’s forcing me to upload some kind of file along with my written statement. Suggestions?

PS: I feel goofy copying your text verbatim, but this really isn’t an area I have any experience in… and HATE.

image
image609×886 33.5 KB

4 Likes
16

Maybe go to Trademark Search and do the search. Then screen shot the top results … taking out the Dead.

image
image1340×572 54.3 KB

4 Likes
17

I figured you might say that. Done. I’ll let y’all know what happens. Thanks again! :slight_smile: Really appreciate a community like this when it matters.

5 Likes
18

FYI - I can’t say it you can change anything, or that it’s worth the time, but sometimes people just need to do things “because.” :slight_smile:

4 Likes
19

Yes, not doing anything was bugging the ■■■■ out of me. Much like Eric Stratton, you gave me (Bluto) the strength to make a really futile and stupid gesture:

1 Like
20

Yeah, no dice:

Thank you for your submission. We are unable to reinstate the listings in your appeal because your submission does not adequately address the reason for their removal. The corrective action items you provided either have not been completed or do not address the violation.

We’re here to help.
If you wish to address the violation and appeal again for listing reinstatement, please see the examples below of valid and invalid corrective actions before resubmitting your appeal.
– An example of valid corrective actions for personality rights complaints: if the personality right is reported to be on the product detail page, remove references to the personality right from the product detail page to address the violation.
– An example of invalid corrective actions for personality rights complaints: if the personality right is reported to be on the product or product’s packaging, modifying the product detail page does not address the violation. For this type of violation, submit an explanation along with a letter of authorization or licensing agreement granting use of the personality rights claimed to dispute the violation.

If you need help better understanding what is causing this listing removal, please review the Intellectual Property Policy for Sellers in Seller Central (أمازون).

Has your listing been deactivated in error?
If you believe the ASIN below does not infringe on the personality rights of others, please submit an explanation. Your explanation should include either a letter of authorization or licensing agreement for the use of the personality rights claimed.

You may also reach out to the rights owner and ask them to submit a retraction of this infringement notice. The rights owner information was shared in the original enforcement notification. We may only accept retractions that the rights owner submits to us directly. We do not accept forwarded or attached retractions.

Where do I send this information?
Go to Received Intellectual Property Complaints in the Product Policy Compliance section on Account Health (تسجيل الدخول إلى أمازون). Locate the deactivation record for the ASIN below and click on the Appeal button. Complete the form to resubmit an appeal after modifying the product detail page to address the violation, if applicable. If you believe the listing was deactivated in error, dispute the violation by submitting an explanation and one of the supporting documents listed above.

What happens if I do not respond?
If we do not receive a response, the listing will remain removed. The violation record will remain on your Account Health page for up to 180 days after the listing was deactivated or until the violation is addressed. Deleting your listing on this ASIN does not sufficiently address the reason for the violation. Leaving this and other listing violations unaddressed may result in account deactivation.

ASIN: 0313354200
Title: Carlos Santana: A Biography (Greenwood Biographies)
Complaint ID: 15846664321

You can view your account performance (تسجيل الدخول إلى أمازون) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing against the performance metrics and policies required to sell on Amazon.

– Download the iOS app: ‎Amazon Seller on the App Store
– Download the Android app: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en_US

Thank you,

Amazon.com
Sincerely,

Seller Performance Team

5 Likes