Intellectual Property Complaints, also known as Rights Owner Complaints, can accumulate on a seller’s account. In general, if you have an IP complaint on your account but you did not get a listing suspension, keep in mind that refraining from selling a product will not resolve the issue. That IP complaint will remain against your account, and when those complaints begin to accumulate, your account will get suspended.
A seller should always address each IP complaint immediately.
You should contact the rights owner, either on your own, or through a law firm like Rosenbaum Famularo, PC. In order to properly address an IP complaint, you need to know and understand Intellectual Property law.
Most people sending Intellectual Property complaints are simply doing their job; always remember to be respectful when responding to them. Let them know that you are taking their complaint seriously and that you will be in touch.
The next step is to analyze the complaint to see if you have actually violated someone’s Intellectual Property rights, or if the complaint is baseless. Oftentimes, IP complaints are sent out in waves and can occasionally be filed in error.
When writing a response to the complaint, you should always address all 4 categories of IP issues: trademark, patent, trade dress and patent.
Your response should explain why you are not in violation of any of these categories and you should request a retraction of the complaint. Brands usually do not respond to individuals, so this is where hiring an attorney who is familiar with IP law is extremely beneficial.
A seller should also contact Amazon directly. We appeal the complaint with Amazon’s Notice Dispute Department. Trademark complaints are usually baseless because you are selling genuine products and protected under The First Sale Doctrine.
If the person making the complaint is outside of the United States, you can serve a counter notice under the Digital Millennium Copyright Act (DMCA) and tell the complainant that they can either start a lawsuit against you (most likely they will not) or withdraw the complaint.
Amazon Account Intellectual Property Complaints
We at Rosenbaum Famularo, PC, provide free consultations to sellers all over the world. If you would like to learn more about intellectual property issues, especially if you are receiving baseless IP rights complaints, contact us.