Intellectual Property Suspensions
If your Amazon Selling Privileges have been removed for violating the Intellectual Property of a rights owner and the rights owner or registered agent for the owner refuses to withdraw their complaint against you, don’t feel too bad... It is definitely not the end of the world!
You’re in good company today with us as we have perfected a great strategy to reinstate your Amazon Selling Privileges after violating the Intellectual Property rights of another company, even when the rights owner refuses to withdraw their complaint(s).
There are a few things all Amazon Sellers should know first about Intellectual Property when it comes to selling on Amazon:
First, the rules within Amazon are a bit different than that of the real world. What we mean by this is that outside of Amazon’s selling marketplaces, there is a doctrine called the First Sale Doctrine in the United States that states that those who resell genuine trademarked products are generally not liable for Trademark Infringement. This means that if is you have purchased a product, you have the legal right to resell it. Unfortunately, Amazon's Brand Registry System is often abused by the brands & other Sellers.
Second, there are various types of Intellectual Property Violations that your Amazon Selling Privileges can be removed for. These include copyright, trademark, patent infringement, counterfeit, and several others. Each one of these infringements vary from situation to situation regarding the Amazon Seller, the product, and exactly what the rights owner is allegedly claiming the Amazon Seller is infringing upon.
In order for Amazon Sellers to reinstate their Selling Privileges, they must FIRST resolve their outstanding Intellectual Property violations with the rights owner(s) who submitted the complaint(s) against them.
Anyone can submit a complaint, (you do not have to be an Amazon Seller), or a false complaint to Amazon using the ‘Report a Violation Tool'.
A more common issue that Amazon Sellers face regarding Intellectual Property Violations is when the rights owner refuses to withdraw the complaint they have made against Amazon Sellers despite the Amazon Seller ceasing to infringe on the Intellectual Property of the rights owner in addition to complying with all requests.
In addition, rights owners often submit incorrect information to Amazon with the intent to retract the complaint, but unless the retraction is formatted correctly, Amazon does not consider the infringement retracted and the retraction email is just deleted.
These issues stem from the manner in which Amazon has decided to handle Intellectual Property Violations. Amazon states that they are not responsible for Intellectual Property Infringements, but are required to police them. It’s because of this that they have placed the responsibility on the Amazon Seller to resolve their infringement(s) with the rights owner before Amazon will reinstate their Selling Privileges or listings.
While Intellectual Property Infringements are complex and can be very difficult to reinstate for Amazon Sellers alone, Appeal Amazon Suspension has had the satisfaction of helping to reinstate the Selling Privileges and the associated listings of over 450 Amazon Sellers in 2019 & 2020 using a unique and very effective appeal strategy.
If you currently have your Amazon Seller Account or Listings Suspended for violating the Intellectual Property of another company and you would like us to help you Reinstate Your Amazon Selling Privileges or Listing Infringements, please contact us today.