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所在分類:  Amazon 所屬圈子: 知識產(chǎn)權(quán)

“VR Box”品牌擁有者在美對亞馬遜提起訴訟,有賣家因為使用這個詞和事件而中傷嗎

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Notice: Policy Warning

Hello,
Amazon has been sued for trademark infringement by Wow Virtual Reality, Inc. in case number 2:17-cv-03311 in the Central District of California. In its lawsuit, Wow Virtual Reality, Inc. identified the content listed at the end of this email as counterfeiting Wow Virtual Reality, Inc.'s “VR BOX” trademark.

We have removed the content Wow Virtual Reality identified.

According to the agreement you made with Amazon.com in order to sell on Amazon, you must indemnify Amazon against Wow Virtual Reality, Inc.’s claims. To discuss your indemnification obligation, please contact Amazon’s in-house counsel:
Ms. Lara Rogers, laraanne@amazon.com

We consider allegations of counterfeit a serious matter and your account is under review.
To learn more about this policy, search for "Intellectual Property Violations" in Seller Central Help.

Infringement type: Counterfeit

Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com

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今天收到亞馬遜的警告信說涉及使用“VR Box"這個詞而侵權(quán),鏈接直接被close. 本身產(chǎn)品和自有品牌是不侵權(quán),但是文案和標題使用了這個詞。因為看到法庭訴訟什么鬼,感覺很嚴重。然后去Google了下看郵件寫到這個公司對亞馬遜提起訴訟的來龍去脈(撕逼).

Law360, Los Angeles (May 3, 2017, 6:48 PM EDT) -- A maker of virtual reality headsets became the latest to throw trademark infringement claims at Amazon.com Inc., accusing the online retail behemoth of allowing rivals to sell knockoffs on the site despite admitting they were infringing, according to a suit filed in California federal court Tuesday.
Wow Virtual Reality Inc. and its predecessor company, Amaze Pictures Inc., started selling virtual reality headsets under the brand name VR Box in November 2015 and has had a registered trademark for the brand since August 2016, according to Tuesday’s complaint.

But the company found that many third-party sellers were peddling knockoff “VR Box” headsets with that same brand name on Amazon’s site, according to the suit. Even after it alerted Amazon to the alleged infringement, the retailer would only yank the headsets if the seller was not designated as “Amazon Prime” or an Amazon “fulfillment” seller with big sales for the online retail giant, according to the suit.

“Amazon’s failure and/or refusal to remove specific infringing products from its website was and is motivated by Amazon’s intent to knowingly profit from such infringement by means of express and/or implied agreements and/or financial arrangements with said third-party sellers whereby Amazon directly supervises, participates in and facilitates the infringing activities of the third party sellers,” Wow argued in its complaint.

The virtual reality company’s suit is the latest in a long line of accusations that Amazon creates something of a safe haven for the sellers of counterfeit goods. For example, a year ago, Daimler AG said Amazon was advertising and selling Mercedes-Benz wheel replicas, allowing Amazon to profit off the German luxury brand.

And in October, Apple Inc. sued a New Jersey company, but not Amazon, over “dangerous” counterfeit chargers sold on Amazon that could allegedly catch fire or deliver a deadly electric shock.

Later that month, a Nashville family sued Amazon for $30 million after their house burned down from a fire sparked by a counterfeit hoverboard.

And Amazon itself filed a suit in November, going after a pair of sellers peddling allegedly fake Forearm Forklift and imitation TRX workout products, marking the website’s first legal foray in its fight against counterfeit merchandise.

On Tuesday, Wow said in its suit that as early as September, about a month after it had a registered trademark for the VR Box brand, it started telling Amazon about other companies that were selling products under that brand name.

Amazon did remove some of the sellers from its site, but only a small fraction of those that Wow had flagged, and a pattern began to emerge from the ones that remained, according to the complaint.

If one of the third-party sellers peddling knockoff VR Boxes was directly linked to Amazon via the retailer’s fulfillment or Prime programs, which comes along with high sales volume, the reported third party would stay up on Amazon’s site, Wow said.

By December, Wow reached out to Amazon again to point out that all of the infringing sellers hadn’t been properly removed from the site, but Amazon again culled only a few of the ones marked by Wow from the crop, the company said in its suit.

Amazon said in January that it needed more identifying information for each specific infringing seller, which Wow provided by the end of that month, according to the complaint. But Amazon never responded to that extra data, and the infringing sellers are still in business on the popular shopping site, Wow said.

The suit calls for Amazon to halt the infringing products from being sold on its site and for the retail giant to provide an accounting of the profits it earned from the allegedly infringing sales. The complaint includes claims for various forms of trademark infringement and unfair competition.

Wow is represented by Keith D. Fraser of The Fraser Firm PC.

Counsel information for Amazon couldn’t be immediately determined, and a spokesperson for the company didn’t immediately respond to a request for comment on Wednesday.

The case is Wow Virtual Reality Inc. v. Amazon.com Inc., case number 2:17-cv-03311, in the U.S. District Court for the Central District of California.

--Additional reporting by Suevon Lee, Bill Donahue, Cara Salvatore and Melissa Daniels. Editing by Philip Shea.

請問是否有同行因為這個事情被關(guān)店鋪的?Listing被鎖是肯定的了,請問會不會影響店鋪。跪求有經(jīng)驗的分享下.....
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已邀請:

JimHuang - 80后創(chuàng)業(yè)者,跨境電商知識產(chǎn)權(quán)從業(yè)者,做困難而正確的事

贊同來自: sophie 、 cmf408 、 Adoncn

這個是不侵權(quán)的,商標的問題,你應(yīng)該首先收集他商標的情況。uspto可以看到一些情況
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還有就是這個商標中有句說明:
> Applicant should submit a disclaimer in the following standardized format:

**No claim is made to the exclusive right to use “VR” apart from the mark as shown.**
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**這句話說明這個品牌持有者對于VR這個詞沒有唯一的使用權(quán)限**
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**有需要就撩我,然后勾搭勾搭**
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