Discussion
I've just received an email from my ecom host (shopify) stating that a DMCA take down notification has been issued against my store for selling the same product(s) as another store (who filed the claim).
We purchase most of our stock from wholesale suppliers in India and the USA (we sell jewellery). The company are a competitor who sell at higher prices, however the designs are not their copyright, nor are they marked copyrighted designs on their store. The only "evidence" they have provided to our host are instagram images, a few from pinterest and 3 links from their store.
Obviously I'm going to challenge this and I've responded to the email, but as I wait in a pissed off mood, is there anything you recommend I do to challenge this take down notice?
/vent
Thanks!
We purchase most of our stock from wholesale suppliers in India and the USA (we sell jewellery). The company are a competitor who sell at higher prices, however the designs are not their copyright, nor are they marked copyrighted designs on their store. The only "evidence" they have provided to our host are instagram images, a few from pinterest and 3 links from their store.
Obviously I'm going to challenge this and I've responded to the email, but as I wait in a pissed off mood, is there anything you recommend I do to challenge this take down notice?
/vent
Thanks!
DMCA notices cannot just be thrown around willy nilly and usually refer to Digital Media (although I am no expert in this field). Do some googling because it sounds like someone is just trying their luck. If indeed they are issuing this without due course then it could backfire on them: http://www.sfwa.org/2013/03/the-dmca-takedown-noti...
tuffer said:
DMCA notices cannot just be thrown around willy nilly and usually refer to Digital Media (although I am no expert in this field). Do some googling because it sounds like someone is just trying their luck. If indeed they are issuing this without due course then it could backfire on them: http://www.sfwa.org/2013/03/the-dmca-takedown-noti...
Thanks, a quick bit of Googling has bought up the same. Honestly if we had mistakenly sold something that was a copyrighted & they prove it (which has happened before) we're happy to take it down, after all it's their work, but trying to claim products that are sold through large wholesale companies, especially ones which operate inside the USA just takes the cake a little.I'm challenging it with my host but annoyingly they will remove the content in 24 hours if we do not (depending on the outcome of our challenge I guess)
jammy-git said:
Might be petty, but for every product removed, file a copyright claim against the competitor?
That did cross my mind. It's just frustrating my products won't be up for sale for at least 10 days whilst they respond. My only concern is that I do file a counter notice and they somehow do prove that the designs are theirs (i'm confident this won't be the case but it's worth considering - my line of thinking is if they held design copyright they would have produced this when filing the take down, rather than simply posting Instagram and products links). I don't particularly want to enter a legal battle over the sake of a few hundred quids worth of stock, but I also don't feel we should be bullied out of competing with them. presumably your contact with shopify has been with a named person through chat or equivalent support service, rather than just replying to emails?
do they give a reason for a takedown without sufficient evidence?
have you mentioned that you will have no choice but to move your store if you can't trust them not to wreck it?
do they give a reason for a takedown without sufficient evidence?
have you mentioned that you will have no choice but to move your store if you can't trust them not to wreck it?
Filing a false DMCA notice carries the penalty of perjury which is an imrisonable offence.
As a recommendation to prevent frivolous claims:
Make sure all the photos of your products are taken with a bacground that has your domain/logo on it so it is clear you are the originator of the work.
DCMA can only be use for copyright material i.e images, graphics or text. If you can prove you are the originator of the content and it is clear it is a competitor filing an abusive complaint to frustrate your business you can take legal action against them and also make a complaint with the DOJ which can lead to criminal proceedings - a solicitors letter sent to that effect to the business owner will likely lead to a retraction.
The jewellry items themselves cannot be covered by DMCA - that would be a registered design issue which only the manufacturer can claim - DCMA is purely copyright which only covers photopgraphy, artwork, works of text.
As a recommendation to prevent frivolous claims:
Make sure all the photos of your products are taken with a bacground that has your domain/logo on it so it is clear you are the originator of the work.
DCMA can only be use for copyright material i.e images, graphics or text. If you can prove you are the originator of the content and it is clear it is a competitor filing an abusive complaint to frustrate your business you can take legal action against them and also make a complaint with the DOJ which can lead to criminal proceedings - a solicitors letter sent to that effect to the business owner will likely lead to a retraction.
The jewellry items themselves cannot be covered by DMCA - that would be a registered design issue which only the manufacturer can claim - DCMA is purely copyright which only covers photopgraphy, artwork, works of text.
Edited by nyxster on Friday 24th March 19:06
nyxster said:
Filing a false DMCA notice carries the penalty of perjury which is an imrisonable offence.
As a recommendation to prevent frivolous claims:
Make sure all the photos of your products are taken with a bacground that has your domain/logo on it so it is clear you are the originator of the work.
DCMA can only be use for copyright material i.e images, graphics or text. If you can prove you are the originator of the content and it is clear it is a competitor filing an abusive complaint to frustrate your business you can take legal action against them and also make a complaint with the DOJ which can lead to criminal proceedings - a solicitors letter sent to that effect to the business owner will likely lead to a retraction.
The jewellry items themselves cannot be covered by DMCA - that would be a registered design issue which only the manufacturer can claim - DCMA is purely copyright which only covers photopgraphy, artwork, works of text.
Thank you, that's some brilliant information especially the last part.As a recommendation to prevent frivolous claims:
Make sure all the photos of your products are taken with a bacground that has your domain/logo on it so it is clear you are the originator of the work.
DCMA can only be use for copyright material i.e images, graphics or text. If you can prove you are the originator of the content and it is clear it is a competitor filing an abusive complaint to frustrate your business you can take legal action against them and also make a complaint with the DOJ which can lead to criminal proceedings - a solicitors letter sent to that effect to the business owner will likely lead to a retraction.
The jewellry items themselves cannot be covered by DMCA - that would be a registered design issue which only the manufacturer can claim - DCMA is purely copyright which only covers photopgraphy, artwork, works of text.
Edited by nyxster on Friday 24th March 19:06
akirk said:
presumably your contact with shopify has been with a named person through chat or equivalent support service, rather than just replying to emails?
do they give a reason for a takedown without sufficient evidence?
have you mentioned that you will have no choice but to move your store if you can't trust them not to wreck it?
I do have a contact, it's with a support manager. They provided the evidence given to them as poor as it is. That's the annoying part the evidence is basically links to a few instagram photos and 3 products on their website of the same product. I queried why the take down was enforced despite the lack of evidence and they are forced to comply and forward the complaint to the merchant, ie me.do they give a reason for a takedown without sufficient evidence?
have you mentioned that you will have no choice but to move your store if you can't trust them not to wreck it?
Right a little update on this.
I fired off an email issuing a counter notice last week, my products will be reinstated within 14 days and now if the 'copyright owner' wants me to stop selling these items they're going to have to take us to court. I did add a note on the end of it to them stating that if they could provide adequate proof that they do actually own the designs we would be happy to stop selling them, but I really don't think this is likely given the nature of the proof they provided on the take down.
They also filed a second claim this morning against us for another two products, so I just sent a revised copy of the counter notice straight back, again the only 'proof' they have of owning a design is a photo on pinterest..
I fired off an email issuing a counter notice last week, my products will be reinstated within 14 days and now if the 'copyright owner' wants me to stop selling these items they're going to have to take us to court. I did add a note on the end of it to them stating that if they could provide adequate proof that they do actually own the designs we would be happy to stop selling them, but I really don't think this is likely given the nature of the proof they provided on the take down.
They also filed a second claim this morning against us for another two products, so I just sent a revised copy of the counter notice straight back, again the only 'proof' they have of owning a design is a photo on pinterest..
Can you send a letter to your competitors stating that you advise them to remove their notice unless they genuinely own the Intellectual Property attached to the items - referencing information about perjury, and if they do not desist you will be submitting a complaint through legal channels with an aim to have them brought to justice?
Copyright/IP should be protected to the highest degree in my opinion, and that includes people trying it on for competitive advantage. Bothers me that this sort of activity goes on.
Copyright/IP should be protected to the highest degree in my opinion, and that includes people trying it on for competitive advantage. Bothers me that this sort of activity goes on.
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