Amazon Seller News: Intellectual Property Litigation Against Seller Account
For experienced sellers on Amazon, you have likely encountered several forms of reporting or suspensions during your time on the platform. One of the most common types of suspensions for sellers with non-branded items is that of intellectual property violations. Even when you are done resolving the suspension on your seller account, brand owners may escalate their case to litigation in order to pressure you off of selling the product. In this blog, we walk you through the most common types of intellectual property suspensions, discuss when these cases can turn into litigation, and show options for sellers when you want to settle the case as quickly as possible.
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Amazon IP Intellectual Property
The most common type of Amazon suspension to spiral into litigation revolves around various forms of intellectual property (IP) complaints. These complaints can be divided into several major areas.
- 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.
Often, counterfeit product allegations and patent complaints lead to the most serious pursuit of damages against independent sellers.
When you are dealing with intellectual property violations, one of the best ways to avoid future lawsuits is directly working with the brand that reported you. This can be done through outside counsel, who can negotiate on your behalf to keep your current listings, while removing suspensions on reported products. One huge benefit to working to negotiate a removed report is that it clears the suspension on your account instantly, not requiring approval from Amazon’s enforcement team.
Amazon IP Litigation Responses
For sellers who have successfully resolved intellectual property disputes on Amazon, this does not mean the process is over. While many brand owners do not have the resources to pursue damages against sellers, medium and large size brands may look to go after you if you continue to sell products they have accused of violating IP law.
This was the case for one seller recently who worked with the Amazon Sellers Lawyer team to clear their Amazon suspension. After being accused of violating a brand’s patent, we worked with the client to escalate their appeal to pre-arbitration, leading Amazon to issue full product and account reinstatement.
After a few weeks, the client returned to us having been notified of litigation against them as a result of their selling practices on Amazon. Our team then worked to prepare an argument against the plaintiff, demonstrating that they had missed key evidence showing our client had not violated any aspect of their protected IP. Because of our team’s experience, we successfully resolved the litigation against this seller, as well as their previous Amazon suspension. This allowed our client to get back to focusing on growing their business.
Contact Amazon Sellers Lawyer Today!
Whether you are facing suspension on Amazon, or a lawsuit against your seller account, the team at Amazon Sellers Lawyer is here to help. Our team consists of former Amazon employees who know what the enforcement team is looking for in appeals, while our experienced litigation attorneys are here to support you if your case escalates.
If you are looking to resolve your case through settlement or have your day in court, we are here for you. Give us a call today at 212-256-1109 or fill out our online form 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 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.