[amluto]

> 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."

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".

[compiler-guy]

And then your tiny business can initiate a trademark action against a multi billion dollar company with more lawyers dedicated to defending trademark actions than you have entire employees.

A remedy that is impossible to get in practice is no remedy at all.