zata
更新时间2022-03-18

亚马逊产品描述和产品标题也能被判定为侵权?

一、产品图片的版权侵权

  • 网上搜索的图片
  • 第三方提供的图片
  • 未经允许使用了其他品牌的图片

以上情况都有可能被其他卖家投诉侵权,还有一种情况是如果你的产品侵权了,那你的图片以及其他东西很可能也存在侵权的可能。总之,使用自己拍摄的产品图片可保万无一失,花点时间好好拍。

二、产品描述和产品标题被判定为侵权

  • 产品描述和标题与其他产品高度重复
  • 产品标题和描述中出现了品牌专用词或专利文字

产品页面文案中绝对不能出现其他品牌专用词或者申请了专利的文字。还有就是借鉴别人产品文案描述的时候重复率要控制好,融合自己产品的特点重新编写更好,原创最好。产品标题最好原创,格式可以参照别人,但是别复制,抄也要抄的完美一点,不要露出破绽,不然高度的重复都会被判定为侵权。有时可能不小心侵权了自己不知道所以上架产品时要仔细检查,别要太马虎。

产品描述,标题侵权申诉信模板

Dear Amazon seller performance team,

Thank you for providing us with an opportunity to appeal against the removal of listings due to infringement of product description and product title.

We understand that Amazon attaches great importance to the complaint of intellectual property rights. With regard to this case, we believe that the complaint of product description infringement is invalid and untrue. Please continue to review the following instructions.

On XXXX, we received a policy warning that asin: XXXX was removed due to infringement

We have checked all the details of the product listing. Through careful reading and research, from the product title and product description, we think the complaint is unreasonable and invalid.

There are 3 significant differences between our product ASIN XXXX and patent prodoct ASIN XXXXX.

  1. From the title of the product, the title of our product is xxxxx and the title of the product of the complaining party is XXXXX. The only coincidence between the two is the proper nouns XXXX. We can't find alternative words for these words. All the sellers who is selling this product use these words in the title. The complainant cannot use this as an excuse to frame us.
  2. From the picture description of the product, there is no word or graphic brand information related to the complainant in our product. The contents described in our main drawing are described according to the specific conditions of our product. We have never copied any text of the complainant.
  3. From the five point description of the product, by comparing the contents of the two, we can find that both are different in layout arrangement, graphic design and text description. The description of the complainant highlights the xxxxx of the product, while our product highlights the XXXXXXX of the product. Our product description has its own design ideas, and there is no possibility of copying the complainant or any other seller. There are no sensitive terms of infringement in our product description.

n summary, the three differences in the product title and description are sufficient to prove that there is no plagiarism or duplication between our products and the products of the patent XXXXXX complainant, and we have not infringed the patent right of the complainant.

How do we handle complaints after receiving it:

  1. Check carefully whether our products are infringing, and draw the conclusion that we are not infringing.
  2. We have contacted the patent complainants according to the email to inform them of the company's wrong complaint against our product. It caused losses to us and asked them to withdraw their complaint application to Amazon as soon as possible.
  3. We carefully checked our entire Amazon account to ensure that our product list fully complies with Amazon's policy guidance, especially with regard to design copyright.

In addition, before selling any new products on Amazon in the future, we will verify whether the product and details page infringe the intellectual property rights or design rights of others. We will regularly reread Amazon's policy guidelines to ensure that we have not violated any rules. At the same time, we will monitor all policy and legal changes that may affect our account. We will never infringe others' appearance patents.

We cherish the opportunity to sell on Amazon, we do hope Amazon team can find out the truth, give us a reply and restore our sales right. Thank you very much for your help and look forward to your reply.

Best Regard!

On behalf of XXXXX