Amazon Seller News: Countersuing Patent Trolls
One of the most annoying parts of being an e-commerce seller is dealing with patent trolls. These patent holders abuse their rights to suppress Amazon sellers and attempt to get money out of them. In this blog, we discuss options that independent sellers have for fighting back against patent trolls, including the potential of receiving money for the damages against your account.
What is a Patent Troll?
Patent trolls are people who abuse the rights to patents, a form of intellectual property protection that focuses on the aspects of a product’s design. There are two major types of patents that sellers need to know, utility and design patents. Utility patents focus on protecting the aspects of what a product does, while a design patent protects the design of the product itself.
Patent protections are key to rewarding innovation, but patent trolls prevent product innovation from being acted on by sellers. Patent trolls, however, typically do not sell products with their protected design at all. Instead, they use their patents to sue and extort others who attempt to sell products they deem as infringing.
The US Government has made several attempts to stop patent trolls from stymying innovation, however, they continue to be a major problem for Amazon sellers. This is especially true as patent trolls often abuse the limits of their patents and sue people with no legal basis that they are infringing. This can cost sellers thousands of dollars as accusations of intellectual property infringement typically cause your product to be suspended.
Resolving Amazon Patent Infringement Cases
When a patent troll comes after your seller account it can cost you time and money resolving the issue. There are two key ways of seeking reinstatement, getting a retraction from your complainant, or going through Amazon’s Plan of Action appeals. Retractions are often the first step and involve direct negotiations with the complainant, often done through an intermediary that represents you.
Plans of Action involve detailing the root cause of your suspension and what you have done to resolve it. In the cases of false patent infringement cases, these will address the faulty aspects of what your complainant is alleging, including supporting evidence for your case.
Patent Infringement Legal Cases
When patent infringement allegations on Amazon turn into a legal battle, it is important to have the strong legal backing necessary to win your case. The Amazon Sellers Lawyer team has been helping e-commerce sellers resolve intellectual property legal battles for over a decade and knows what it takes to win a case.
When dealing with patent trolls, it is especially important to know your rights as in some states it is possible to seek damages for false use of patent protections. Damages may include recovering legal fees and lost money due to being suspended on e-commerce platforms. This depends on the location of your case however, so reach out to legal experts as soon as possible.
Contact Amazon Sellers Lawyer Today!
When you face suspension on Amazon or legal trouble, having an experienced legal team is a major asset for handling your case. The team at Amazon Sellers Lawyer has been helping sellers since 2016 and knows how to resolve intellectual property issues. If you are currently suspended, or have been warned of a potential suspension, contact us today. You can call us at 212-256-1109 or fill out our online form at your convenience linked here.
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 six 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.