How to submit a counter-notice
If your listing has been reported, you will have four calendar days to reply to the rights owner, proving that you are not infringing their rights or, in some cases, you can edit the listing.
Learn more about the different types of infringements and how to reply if you receive reports for any of them:
Counterfeit, copy or replica products
Counterfeit trademark goods, copies or replicas are illegal. Listing these products is prohibited by our Terms and Conditions.
If the product you offer is original and you receive a report based on that reason, you may reply, for example by:
- Sending photos of the invoice proving that the product is original, was legally purchased, and proving the stock offered in your listing.
- Sending images of the labels and original product packaging.
Have also in mind that the rights holder may include a comment in their report asking for specific documentation for you to include in your counter notice.
Unauthorized use of a trademark
A trademark is a distinctive sign (a word, phrase or logo) used to identify products or services.
These infringements occur, for example, when you do not clarify that your product is actually "compatible" with the brand you mentioned, or when it includes terms such as "like" or "similar to" in the description.
If your product is generic but compatible with other brands mentioned in your listing, please inform this in the title and in your description. You can use phrases like "compatible with the brand..." or "for the brand..." to clarify.
In these cases, make sure not to mention these brands in the product specification sheet.
- If your product is generic:
- In the "Brand" field write "generic" or your own brand, if you have one to identify your products.
- You can mention other brands only to indicate that the product is "compatible" with them. For example: "Adapter compatible with Tedge brand".
Avoid using words like "similar," "like," "copy," or "replica" to refer to trademarks that are not yours.
If you sell customized products, make sure not to include or use third parties’ logos or trademarks on your products.
For example: you can offer printed T-shirts, but you cannot list a product that uses a trademark logo, or that could be confused with an original product of that trademark.
If you edit photos in your listing, make sure not to use third-party logos or trademarks on your photos.
If you use them, you may be reported due to trademark or copyright infringement.
Do not imply that you are an official distributor of a brand if you are not authorized to do so.
If any of your listings are reported based on these reasons, you can reply, for example by attaching a copy of the rights holder's authorization granted to you.
Selling unauthorized copies of software is illegal, and listing these products is prohibited by our Terms and Conditions.
If your listings are reported based on this reason, you could reply, for example, by sending a copy of the license authorizing you to distribute the software.
Unauthorized use of original text and/or images.
Unauthorized use of another person's portrait.
Unauthorized copies of courses, books, music, videos or movies.
Unauthorized copies of software or video games.
Unauthorized use of characters.
Copyright protects original intellectual works of art, such as movies, music, photographs and books. Copyright protection prevents third parties from using a work without proper authorization.
If your listings are reported based on copyright infringements, you should, for example:
- Prove that you are the rights holder.
- Send a copy of the authorization of use granted by the rights holder to you.
- Send a copy of the certificate of deposit of the work of art.
Patent or Utility Model infringement
Related rights protect those who, without being authors, contribute with creativity, technique or organization in the process of making the work of art available to the public.
If your listing is reported based on performers’s rights infringement, you might reply, for example, with authorizations to record their performance.
If your listing is reported based on sound and/or video recording producers’ rights infringement, you may reply submitting:
- Purchase invoice of copies issued by an authorized distributor of the phonograms or video phonograms.
- Agreements authorizing consignment sale.
- Licenses to reproduce phonograms or video phonograms.
If your listing is reported based on broadcasting organizations’ rights infringement, you could send a counter notice with the license that authorizes you to distribute or retransmit the signal of the broadcasting organization making the report.
Industrial design infringement
Industrial designs and models protect the ornamental or aesthetic aspect applied to a product.
If your listings are reported based on this reason, you must confirm, for example, that you are the rights holder, or submit a copy of the authorization to commercially exploit them, including protected rights, granted by the rights holder.
Infraction for selling products that constitutes an unauthorized use of the brand
A patent is an exclusive right granted for an invention (product or process) that involves a new, non-obvious technical solution that has industrial application.
If your listings are reported based on this reason, you may, for example, prove that you are the rights holder, or submit a copy of the authorization granted by the holder to commercially exploit your invention.
Product not destined for sale
There are transfers that do not have a commercial nature and, therefore, offering products that the trademark holder has not intended for sale, such as free samples or testers, are forbidden. Particularly in Brazil, products that have not been officially launched by the trademark holder in said market is an infringement.
If your listing is reported based on this reason, you could reply by submitting documentation proving that you purchased the product without any limitations for sale.
Please remember that offering products that infringe one or more intellectual property rights is illegal and prohibited by our Terms and Conditions.
These are only suggestions and examples of how to submit a counter-notice. You may have other or additional information or documentation as an option to reply .
Having documentation to back up your product or listing does not guarantee that your listings will be reactivated and/or that they will not be reported again.
The rights holder is the one who accepts or rejects your reply. If you have questions regarding notices against your listings, please contact the rights holder once the process is finished.
Please note that this kind of infringement may lead to the suspension or shut down of your account.