| Did you read your own link? "We do not enforce ... Detail Page Ownership ... Exclusive or Selective Distribution." As long as the counterfeit is good enough, don't bother complaining: "Other sellers can list their items for sale against pages that you have created or added your copyrighted images to. However, we do require sellers to list only against detail pages that exactly match their items. If you believe sellers are listing against detail pages that do not exactly match their items, we ask that you report the violation directly by using the contact us form." Why do the counterfeiters get to use your own picture of your own product? Because Amazon claims the rights from you: "Additionally, when you add your copyrighted image to a detail page, you grant Amazon and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all rights of publicity over the material." And that brand registry? Does it mean your brand is yours? No, it's just 'increased authority' ... "increased authority over product listings with your brand name" |
IANAL, but that sounds very thin. Maybe it would hold up under copyright law, but that seems dubious. What if the party agreeing to that contract doesn't have that right in the first place? But all this ignores trademark law. If that image contains a trademark and the trademark is used improperly, then the cause of action that the trademark owner has seems like it would have nothing to do with "publicity".