Amazon Seller News: Intellectual Property Complaints
Intellectual Property complaints on Amazon can be devastating to your business, freezing your funds and indefinitely suspending you while waiting for an investigation. In this blog, we break down what you need to know about Amazon Intellectual Property, and walk you through how the ASL team has combatted suspensions for our clients for the past decade.
Related Content:
Amazon Intellectual Property Guide
Intellectual Property (IP) violations on Amazon revolve around a brand owner’s claim that you are infringing on their protected identity. Different parts of the brand can be protected however, and understanding exactly what you are being accused of is key to preventing and addressing account suspensions. There are four major areas of IP violations that are important for understanding on Amazon:
- Copyright Complaints: Brand’s images, videos, or listing text.
- Patent Complaints: Brand’s unique design, features, or function.
- Trademark Violations: Brand’s unique name, logo, or product description.
- Trade Dress: Accusations related to the packaging of your products
- Counterfeit Allegations: Brand’s claim that you are selling unauthorized or replica products.
The most common suspensions that we see relate to copyright and counterfeit allegations, with the latter being especially dangerous to seller account health. It is important to note that receiving notice of a potential IP violation does not mean that you are guilty, Amazon often suspends accounts before completion of an investigation and brands have been known to use false reporting to remove competition from the marketplace.
Intellectual Property Complaint Plans of Action
IP suspensions can be extremely threatening to your seller account, often leading to indefinite termination from Amazon unless properly dealt with. Addressing suspensions is done through an Amazon Plan of Action (POA) appeal, which details your analysis of what caused the suspension, what you did to address it, how you will prevent future suspensions, and any supporting documentation for your case. Even if you are not guilty of violating a brand’s IP, it is important to address what you are accused of and how you can attempt to prevent future suspensions.
Your case type will determine the most effective supporting evidence, but it is often important to document information about your product’s storefront, especially if accusations relate to an aspect of the page. Supply chain and manufacturer documentation is also key to proving your products are sourced authentically. Additionally, communication that proves you have the rights to use images on your storefront will support the case that you are a compliant seller.
Amazon Appeal Submissions – Case Data
Amazon Sellers Lawyer has been helping our clients resolve Intellectual Property cases for the last decade, with a few recent cases highlighting important parts of the appeal process for sellers looking to write their own POAs. In this part of the blog, we highlight two cases that demonstrate strategies that have been successful for other sellers and how we have escalated cases to ensure positive outcomes for our clients.
In our first case, a client reached out to us after receiving a warning of a potential intellectual property suspension. This client, who has been working with us for several years, was accused of violating another brand’s copyright, but had documentation that showed the authenticity of their sourcing. Our POA highlighted this evidence, and was successful in attaining account reinstatement.
More recently, a client contacted us with a difficult intellectual property case, with accusations that they were using another brand’s protected packaging design. We worked with the client to create both a POA and legal escalation letter, the latter of which was able to secure successful reinstatement. Our takeaway from this case is that holdups in achieving account reinstatement can often be addressed through escalation measures – like sending legal letters to Amazon’s team.
Contact Amazon Sellers Lawyer Today!
If you are facing suspension of your Amazon seller account for accusations of Intellectual Property violations, contact the ASL team today. We have been working closely with sellers for a decade, and know the ins and outs of creating successful POAs. Fill out our online form here, or call us at 212-256-1109 today.
About the Author
CJ Rosenbaum, Esq.
CJ Rosenbaum is the founding partner of Amazon Sellers Lawyer. He’s been practicing law since 1995, and since 2016 his firm has focused exclusively on helping Amazon sellers deal with issues like suspensions, intellectual property disputes, and withheld funds.
CJ has written seven books on Amazon seller legal issues including the Amazon Sellers’ Guide to Copyright Law. He has spoken at major industry events like the Prosper Show, Global Sources Summit, Retail Global. CJ also works with the Amazon Sellers Lawyer team to provide free content for Amazon sellers. This is available through their online blog and YouTube channel, frequently covering major Amazon updates and important topics relevant to the seller space.
Through BrandProtectionAmazon.com, the firm also supports brands in protecting their products. This gives the team the unique opportunity to learn from case wins on both sides of the fence, strengthening protection for both the sellers and brands that Rosenbaum & Segall P.C. represents.
Amazon repeatedly rejecting your Plan of Action? Amazon Sellers Lawyer handles suspension appeals and account reinstatement cases – including arbitration against Amazon when they’re withholding seller money. Contact us to discuss your situation and figure out the best path forward.