When brands assert false counterfeit complaints against Amazon sellers, suspended sellers may be entitled to recover their damages against the brands that asserted the false counterfeit complaints.
AMAZON SELLERS FIGHTING BACK
Major brands continue to abuse Amazon’s intellectual property system. Brands’ counterfeit complaints against Amazon sellers are often baseless because Amazon sellers are selling genuine products. They are simply NOT selling counterfeit goods. Our experience dictates that brands assert false counterfeit complaints against Amazon sellers to impose higher prices on consumers.
False counterfeit complaints asserted against Amazon sellers often result in the suspension of the seller’s account or Amazon listings, and the loss of thousands, or hundreds of thousands of dollars in sales. Through litigation, Amazon sellers have recourse under at least two legal claims.
Contact us today for a free consultation: 1-877-9-SELLER.
Our litigation team has the tools and the strength to help sellers tackle issues regarding cease and desist letters, where law firms send them to keep you from selling their clients’ products. We help with temporary restraining orders where you’ve been sued & your funds / account are frozen. Also, litigation against brands to fight against those who tried to sue you.
"It is awful… could you imagine your entire business, your inventory, and your cash being withheld based on one-sided accusations?" - CJ Rosenbaum, Esq., founding partner of Rosenbaum, Famularo & Segall, PC
Lawsuits Against Amazon Sellers:
The real problem for Amazon sellers who’ve been sued is that once a temporary restraining order (TRO) has been issued, their accounts freeze.
When there’s allegations of counterfeit / intellectual property violations from online sales, it’s easy to get TROs from judges. The vast majority of these cases come out of Chicago, the northern district courthouse. Temporary restraining orders are issued to all platforms, notifying them to freeze the sellers’ accounts, inventory & money until the courts have a chance to wade through them. Or, the sellers being sued, whose money & accounts are frozen, reach out to the lawyers that started the lawsuit & work out a resolution.
What we look for as lawyers focusing on Amazon sellers before we accept a client or bring a lawsuit:
First, we look for whether or not litigation makes financial sense.
As a business owner, any time you hire a lawyer, it should result in an anticipated profit. This is not about right or wrong. It’s is about business. Firstly, we evaluate your case. Does this lawsuit make financial sense? Is it going to result in more money in your pocket?
Second, we evaluate the likelihood of your success.
If we represent you and start a lawsuit on your behalf (in federal or state court), what’s the likelihood of success? If we don’t think we’re going to win at the end of the day, there’s no point in bringing that lawsuit. The lawsuit has to benefit you as the seller, not the law firm. So to conclude, what is the likelihood of success on the merits of your case?
Lastly, if we’re successful, do you have a place to collect money?
If you’re suing for money damages and there’s no place to collect at the end of the day, there was no point in bringing that litigation at all. So in summary, those are the three things that we are going to evaluate in that very first conversation with you.
Big brands often obtain orders against Amazon sellers who never made any sales.
Clearly, if you never made any sales, you never delivered counterfeit products. Despite what brands claim in lawsuits.
In conclusion, sellers can obtain relief from temporary restraining orders if they have the right information.
Threatening rights owners is a dangerous game.
A lot of clients deal with rights owners on their own before they reach out to us.
They have some type of correspondence with the rights owner and it tends to get hostile quickly. I say this knowing that a lot of our litigation clients have gotten results from this in the past. But, it also comes with a cost.