Amazon Sellers: How to IDENTIFY, RETRACT & RESOLVE IP Complaints Made by Complainants
When sellers receive intellectual property complaints such as patent, trademark, copyright, or counterfeit complaints, Amazon will always provide the contact information for the complainant.
As preferred by Amazon, you’re encouraged to resolve the complaint off of Amazon and directly with the complainant. But because Amazon has already accepted the complaints from the complainant, this gives the seller a lack of power and leverage in their correspondence. Oftentimes the complainants will not retract their complaint or might not even respond to your attempt to communicate with them.
There are usually three things that we do to help speed up the retraction process or to have a successful outcome resolving the IP complaints.
Number one, we will always analyze the situation to identify what the complainant wants from their complaint. If you know why the complainant has filed their complaint, this gives you leverage and you can offer what the complainant wants in order to get the retraction in exchange.
The second thing we want to do is analyze the intellectual property rights used to file the complaints. Patent, trademark or copyright, we will analyze the intellectual property and make sure that the rights used are legitimate and also stand on solid ground. A lot of times the intellectual property rights used to file these complaints are lacking or they’re not sufficient to justify the complaint. In these cases, we could use that also as a leverage to obtain a retraction or a resolution of the complaint.
Lastly, because we’re an established law firm, a lot of complainants when they receive a letter from us, it will automatically increase the strength of your argument. Because you’re represented by a law firm, a lot of complainants will often retract the complaint right away because they don’t want to deal with the amount of arguments or the possible escalation of a dispute from a law firm. They will quickly resolve the issue or offer to retract. Because of this, we’re very experienced in getting retractions and resolving intellectual property complaints.