【老魏聊电商】侵权导致的风险升级，卖家需要更加谨慎

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 party's 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.

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 at notice-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 filed within 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. 

WHEREAS, to avoid continued litigation, the Parties enter into this Agreement and by so doing seek to settle and release all claims arising and/or relating to the facts alleged in the Lawsuit, including claims and counterclaims which were actually asserted or which could have been asserted in the Lawsuit, based on conduct up to and including Effective Date. 

NOW, THEREFORE, in consideration of the promises and obligations hereto and other good and valuable consideration, the Parties agree as follows:

Defendant agrees to pay KJP 50% of the restrained funds in damages (the “Damages Amount”). Defendant authorizes Amazon to transfer the Damages Amount to KJP.
 
Subject to the terms of this Agreement, the Parties hereby release and forever discharge each other from all causes of action, claims, demands, attorney’s fees, costs, damages, and liabilities at law or in equity, arising out of or related to the Accused Products or the Lawsuit.

Upon the full execution of this Agreement and KJP’s receipt of the Damages Amount, KJP will dismiss its claims and notify Amazon to release the restraint. 

WITNESS WHEREOF, the Parties have duly executed this SETTLEMENT AGREEMENT with full authority to do so as of the day and year written below.
 
Sincerely,

/s/Keith Vogt
Keith A. Vogt, Esq.
On Behalf of Plaintiff
 
DEFENDANT

Signature: _________________________
Name:  ____________________________
Title:    ____________________________
Date: _____________________________

在权利人的回复中，权利人要求卖家签署一份协议，同意支付冻结款项的50%作为补偿，以此来达成和解。

显然，这会超出大部分卖家的心理底线了。

有卖家怀疑这是否会是一种新型的诈骗，我觉得诈骗倒未必，但这一定是一波类似于每年都会爆发几次的Paypal钓鱼事件中的专利流氓律师事务所的行为。

一些律师事务所，通过整合代理很多品牌的法律事务，然后专门针对各个平台涉嫌侵权的卖家进行集中起诉，他们抓住中国卖家对美国法律的不熟悉以及在美国进行法律程序的高额律师费用，来对这些卖家索取赔偿。

我们虽然痛恨这种流氓律所的所为，但是，面对现实，势单力薄的卖家确实没有太多腾挪的空间，所以，在此，我也只能提醒各位卖家，在实际运营中，尽可能的小心谨慎，避免侵权行为的发生。毕竟，不涉及侵权的产品很多，在正常的运营中出现侵权纠纷，对于卖家来说，确实是一件得不偿失甚至可能导致大伤元气的事情。

因为侵权导致的风险已经开始升级了，卖家们一定要更加小心谨慎。