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ARTICLE · 28 APRIL 2023

Amazon Acts Against DMCA Abuse

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Competition between Amazon's third-party merchants is notoriously fierce. The online retail giant often finds itself playing the role of referee, banning what it considers unfair business practices...

United StatesIntellectual Property
David Munkittrick
David Munkittrick
Peter Cramer
Peter Cramer
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Competition between Amazon's third-party merchants is notoriously fierce. The online retail giant often finds itself playing the role of referee, banning what it considers unfair business practices (such as offering free products in exchange for perfect reviews, or targeting competitors with so-called "review bombing"). Last month, in the latest round of this push and pull, the online retail giant blew the whistle on several merchants who Amazon claims crossed a red line and may now have to face litigation in federal court.

On March 30, Amazon filed three lawsuits (available here, here and here) alleging that a collection of defendant merchants used Amazon's Brand Registry service (which helps third-party sellers detect and shut down counterfeiters and other trademark and copyright infringers) to issue numerous bogus Digital Millennium Copyright Act ("DMCA") takedown requests targeting competitors' product listings similar to their own, with one defendant going so

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