Unlike a trademark complaint/trademarks, a copyright does not always have to be registered. In the case of a trademark, and for example a word, it’s pretty easy for a party to register it with USPTO. However, for copyrightable images, it’s hard to get them registered. It’s the reason why many copyrights are not registered.
Now, the question is, how can you establish the correct basis for a copyright complaint if you do not possess copyright registration?
On Amazon, this is done using prior art or prior publication. if for example, a complainant has a listing created in 2018, it means that if there’s no other listing existing with a similar product or copyrightable material before 2018, then this particular complainant can file a complaint on similar products or copyrightable material listed on Amazon after 2018.
Therefore, this is the basis for a preceding art argument for the complaint. Moreover, copyright material doesn’t have to be an exact replica or imitated for a complaint to be filed. In case the two products in question or the two images in question are alike, then Amazon can conclude that one party is copying the other. Hence, the exact basis for a copyright complaint.
In case you’re having a copyright complaint or issues on Amazon, don’t hesitate to contact us.
Our law firm is experienced in dealing with copyright infringement on Amazon and we have a variety of tools on how to resolve copyright complaints.