侵权风险分析 侵权导致的风险升级

有卖家收到亚马逊的这样一封通知邮件:
Hello from Amazon,
We are writing to inform you that your disbursements from your seller account have been placed on hold. We took this action in accordance with a Temporary Restraining Order issued by a federal court. Items that infringe another partys copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right are prohibited. For more information on this policy, search on "Prohibited Content" in seller Help.

侵权风险分析 侵权导致的风险升级

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To resolve this dispute, we suggest that you contact the rights owner directly:
Kiel James Patrick LLC
c/o Keith A. Vogt, Esq.
1033 South Blvd, Suite 200
Oak Park, IL 60302
keith@vogtip.com
If you resolve this matter with the rights owner, please advise them to contact us atnotice-dispute@amazon.comto withdraw their complaint. We ask that you refrain from posting items that infringe the intellectual property rights of this rights owner until you have resolved this matter.
Failure to comply with our policies may result in the removal of your Amazon.com selling privileges.
We appreciate your cooperation and thank you for selling on Amazon.com.
Sincerely,
Seller Performance Team
需要说明的是 , 这封邮件和之前关于侵权的通知邮件有较大的区别 , 在之前亚马逊系统关于侵权的通知邮件中 , 要么是告知你Listing被移除 , 要么是告诉你账号受限 , 同时提醒你如果能够和权利人达成一致 , Listing可以恢复 , 账号可以解限 , 但这封邮件里 , 直接涉及到的是关于账号的资金问题 。
在邮件中 , 亚马逊明确告诉你 , 根据联邦法庭的要求 , 你账号里的资金被暂扣了 , 需要你去和权利人协商 。
如果说在之前因为涉嫌侵权的处理都是在亚马逊系统内进行的话 , 那么现在这封邮件则超出了亚马逊的范畴 , 已经上升到法律纠纷的事务了 。
有卖家联系了亚马逊邮件中提供的权利人联系方式 , 得到如下的回复:
Dear Sirs:
The defendants operating the Defendant Internet Stores listed in Schedule A to the Complaint are hereby advised:
Plaintiff has charged Defendants with violations of United States federal and state trademark laws. A copy of the Complaint, TRO, and Summons is attached.
These and other legal documents may be obtained at the following website:http://vogtinternetenforcement ... 00650
Any answer or other response to the Complaint should be filedwithin twenty-one (21) days from the day you receive the summons.
The product accused of violating KJP’s rights may be found at the following URL:
https://www.amazon.comdddddddd ... ddddd(此处被删)
If you are interested in settling the matter, please sign and return the below via e-mail and Amazon will be notified that the case has been resolved and to unfreeze the account.
CONFIDENTIAL SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”), effective as of the day upon which all parties to this Agreement have fully and finally executed this Agreement (the “Effective Date”), is made by and between Kiel James Patrick LLC (“KJP” or “Plaintiff”) and Redd..d.d.on that is operating as Amazon Store ID # A*******3M4 and described in line number 202 in Schedule A of the Complaint (collectively referred to herein as “Defendant”). KJP and Defendant are collectively referred to as the “Parties” and each individually as a “Party” in this Agreement.
WHEREAS, KJP filed Case No. 17-cv-00650 alleging, among other claims, Defendant’s infringing use of KJP’s ANCHOR DESIGN Trademark to promote and sell products not made by or under the authority of KJP.


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