Amazon Seller News: Trademark Infringement Schedule A Cases
Amazon sellers, if you are named in a Schedule A lawsuit, your business can be quietly shut down as your products are placed under a temporary restraining order. These are lawsuits which go after businesses that are believed to be infringing on a brand’s protected intellectual property. In this blog, we walk you through the full meaning of being named in a Schedule A lawsuit, how to respond, and what this means for your Amazon seller account.
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Schedule A Lawsuits
Schedule A lawsuits are a type of litigation that seeks to block unwanted sale and usage of a brand’s protected intellectual property. Often this is the sale of alleged counterfeit products, but can also be related to the following areas of IP:
- 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.
The lawsuits themselves then take advantage of the legal system to block dozens of products and sellers all at once through a temporary restraining order (TRO). Because TROs anonymously name sellers and their products, the first notification you get is often the suspension on your Amazon seller account. This leaves little time for you to prepare a response before your entire account is shut down, and just like other forms of intellectual property enforcement on Amazon, it can be one of the toughest suspensions to get reinstatement from.
Amazon Appeal Submission – Resolving Temporary Restraining Orders
The reason why Schedule A cases can be so difficult for sellers is the combination of the legal threat against your person, and the injunction against you continuing to sell on platforms like Amazon. The first step when dealing with a complex issue like this is an analysis of your legal positioning. Considering what evidence there is against you will help to formulate a plan that fights your suspension on Amazon, and the lawsuit against you.
It is important to remember that being named in a Schedule A lawsuit does not mean that you are guilty, far from it in fact. Often, brand owners use their financial resources to pressure around independent sellers who they think do not have the means to push back. This means that not every lawsuit is because of a genuine legal claim that will hold up in a court, but rather an attempt to get rid of you as competition.
Appealing your Amazon account suspension is a matter of completing a Plan of Action (POA) appeal. These are documents composed of three different written sections and a section with your supporting evidence. First, sellers should demonstrate the reason why they were suspended, even if you are arguing that the claims against you are false. Next, discuss the actions you have taken to correct the suspension. Finally, discussing any measures you are taking to prevent further enforcement actions from being taken against you.
Contact Amazon Sellers Lawyer Today!
Struggling with what to do after receiving a suspension notification on Amazon? Contact the team at Amazon Sellers Lawyer today! We have been focused exclusively on helping sellers with their e-commerce related issues for over a decade. Our team is ready to help you resolve any legal claims, and get your account back to selling as normal on Amazon. Give us a call 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 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.