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守法经营不跟卖不侵权,收到侵权投诉,这是新的骗局吗?
本人一直踏实经营,不跟卖侵权,销量一直不高。但最近收到了一封信:

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@亚马逊.com to 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
Amazon.com
https://www.amazon.com
 
收到信后我就直接与原告联系了,毕竟我也还年轻不懂事,先道歉。。。可是收到了接下来的回复:

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: _____________________________
 
要我给一半亚马逊所冻结的钱吗?这是新骗局吗?求高手指点,小弟感激不尽!!!
落十三y 2017/2/16
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  • 人心难懂
    我也收到了,账户金额的钱一直在增加,赔50%,疯了吧,这东西已经没卖一年了,里面的金额没有一美金是那个侵权的产品所销售得来的。
    2017/2/16