Foot Scrubber Copyrighted Images 10-24-24 Dynamic Leather
Seller link: https://www.amazon.com/dp/B0BWNGM26H
Seller Name: Dynamic Leather
Date Violation Reported: 10/25/2024
Complaint ID: 16546504051
This seller is using a copyrighted image in their product description.
1. Copyrighted Image
Below is a photograph that says "The last Foot Scrubber you'll ever have to buy!" and they have removed our logo from the image.
This is Gilden Tree's image which is being used without our permission.
Here is a copy of Gilden Tree's actual image, showing the owner's daughter's hand holding the Foot Scrubber. Following is the image we created that they are using. You can also see the image on our product listing:
https://www.amazon.com/dp/B00007E30K
10/28/2024: Amazon approved violation and replied with:
Hello
Thank you for your report of infringement. We reviewed your report and altered or removed the reported content based on the information you provided. The detail page may not show the changes that were implemented for up to 24 hours.
ASIN: B0BWNGM26H
Complaint ID: 16546504051
We have provided your email address and the additional information you shared in your complaint to the reported sellers. You may be contacted by them to provide a retraction for this report. If no retraction or successful appeal is made, the original action will remain in place and reported sellers will not be able to re-list on the reported ASINs. Retracting this complaint would allow the reported sellers to re-list on the reported ASINs.
To retract a complaint submitted from Brand Registry, please use the "Retract a complaint" link in Submission History (https://brandregistry.amazon.
To retract a complaint submitted from the Report Infringement Form, use the Retraction Form (https://www.amazon.com/report
If you have additional notices that you wish to submit, our team only investigates one type of infringement per submission and no more than 50 ASINs per submission.
Thank you,
Amazon.com
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On 10-31-2024, we received a counter notice from Amazon:
Complaint ID: 16546504051
ASIN: B0BWNGM26H
Title: Pumice Stone for Feet Lasts 5+ Years Hard and Dead Skin Foot Exfoliator Scrubber Dual Mode Callus Remover Made of Natural Terra-Cotta
The counter notice submitted is provided below for your records.
ASIN: B0BWNGM26H
Complaint ID: 16546504051 You recently provided me with a copy of a Notice of Infringement under the Digital Millennium Copyright Act (DMCA). This letter is a Counter-Notification as authorized in § 512(g) of the DMCA.
I have a good faith belief that the material identified in the Notice of Infringement was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. I therefore request that the material be replaced and/or no longer disabled. The material in question formerly appeared on Amazon website with Amazon Standard Identification Number (ASIN): B0BWNGM26H My contact information is as follows:
Full Legal Name: Hasan Moid Ansari
Email Address: dynamicleather1@yahoo.com
Mailing Address: 1635 Haleys Walk,Cumming, GA 30041
Phone Number: 7708963041
(I) I am located in the United States and I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (OR) I am located outside of the United States and I consent to the jurisdiction of any judicial district in which Amazon may be found.
(II) I agree to accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
(III) I have a good faith belief that the material identified in the Notice of Infringement was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(IV) I declare under penalty of perjury under the laws of the United States of America that this Counter-Notification and all statements therein are true and correct.
(V) I ACKNOWLEDGE THAT PROVIDING FALSE STATEMENTS IN A COUNTER-NOTICE MAY LEAD TO CIVIL PENALTIES OR CRIMINAL PROSECUTION.
Enter your full name as a means of a digital signature. Please note that by entering your full name you are providing us with your digital signature which is legally binding. Hasan Moid Ansari
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11/1/2024: Image still appearing in seller's listing. Escalated infringement to Amazon to question why it hasn't been taken down yet.
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11/1/2024: Cease and desist letter sent to seller. Sent a copy to Amazon (ip-info-request@amazon.com) as well. Amazon replied with:
Hello,
Thank you for your message. While we appreciate your concerns, Amazon.com complies with the Digital Millennium Copyright Act (DMCA). Under the DMCA, once Amazon has received a valid DMCA notice, in order to appeal that DMCA notice, a counter-noticing party must make a statement under penalty of perjury that they believe the original notice was sent in error and that the content that was removed is not infringing. Once a counter-notice is received by Amazon, the original claimant has 10 business days to file a lawsuit against the counter-noticing party or Amazon must reinstate the content at issue per the DMCA. For best practices regarding DMCA notices and counter-notices, please review this document available from the U.S. Patent and Trademark Office: https://www.uspto.gov/sites/de
Note that further messages objecting to this process may not receive a response. Thank you for understanding our position on this matter.
Regards,
Copyright/Trademark Agent
Amazon.com
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11/1/24: Escalated violation because image still appearing. Amazon replied and said it was removed. Replied with screenshot showing it's still there.
11/2/24: Amazon replied with same email saying it's already been removed.
11/4/24: Replied with timestamped screenshot showing the image still there.
11/6/24: Amazon replied with same email saying it's already been removed.
11/8/24: Replied asking they recheck.
11/10/24: Amazon replied with same email saying it's already been removed. Not going to pursue any further.