The first thing a seller should do after receiving an intellectual property infringement complaint is to check to ensure the type of infringement is accurate.
Recently, an Amazon seller came to us for assistance because they could not get a retraction on a counterfeit complaint they received.
It turns out they joined a duplicate listing, which in certain circumstances, may amount to copyright infringement for the use of the images or trademark infringement for the term that is mentioned in the listing description. But what it does not do is amount to counterfeit sales.
Copyright infringement is violating an owner’s exclusive rights to a work of art, granted by the Federal Copyright Act, by the use of protected works without permission. The use of copyrighted works is unauthorized unless consent is given by the owner.
A trademark is any word, name, symbol, design, or any combination thereof used to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. It often stands as a mark of quality. When it comes to Amazon sellers, trademark infringement occurs when Amazon third party sellers use unauthorized and improper business names identical or similar to that used by another seller.
Just like a seller who violates Amazon’s policy and becomes suspended, the complainant can get a suspension as well. We contacted the complainant and informed them that the infringement complaint they filed was completely false.
After showing them the error of their ways, the complainant instantly retracted their complaint and our client now has the listing back.