Amazon Litigation: Fighting False Infringement & Counterfeit Complaints – Know Your Rights
Today I’m going to be discussing a little bit about the litigation that occurs between sellers on Amazon.
If you are a seller, what do you do when you receive a false report of intellectual property infringement?
Certainly, you could try reaching out to the rights owner to get a retraction or appealing to Amazon. But as many sellers are aware, this can often be unsuccessful, either because you’re not receiving any response from the complainant or you’re stuck in this endless loop with Amazon, where they continue to request invoices.
Well, sellers should be aware that for brands that file false counterfeit complaints, or false complaints of any matter, they could potentially be liable for several things.
First is defamation. When they make this false statement and they publish it to a third party without your authorization, especially if they allege you engage in the trafficking of counterfeit goods, which under the U.S. Code could constitute a serious crime, this can amount to defamation or defamation per see.
In addition, by doing this, they’re essentially trying to take you off Amazon, most of these cases to enforce exclusivity or to be the only seller on the listing. When they get your contract terminated with Amazon, you could potentially have a case against them for tortious interference with a contract.
Additionally, you might want to seek injunctive relief, specifically, to force them to withdraw or retract the complaint filed, and for the court to issue some sort of order which will restrain their ability to continue filing these baseless complaints going forward.
Essentially, there’s a handful of legal remedies that are available to sellers who receive these false complaints. If you’ve received one of these false complaints, don’t hesitate, especially if there’s a time limitation in which you could bring these cases, you want to seek an attorney’s advice as soon as possible. You can always call us at 1-877-9-SELLER.