How do I go about removing the Intellectual Property Complaints under my seller performance, Essentially you are hit with a Policy Violation for this. There are several reasons this is so. In many cases, the IP rights are valid, but the allegation is not. This is all getting a little too controlling. I want to keep my record clean so not going to post actual communication. An invoice which includes restrictions is the only alternative for these companies. Intellectual property law is vast and extremely complex; it almost always requires an attorney to handle any intellectual property issue. I don’t carry your brand and will make note to not buy anything of these brands. If you receive a notice or warning for infringement and you believe the rights owner or Amazon made an error, you may appeal or dispute the claim. Intellectual Property Complaints, also known as Rights Owner Complaints, can accumulate on a seller’s account. And there’s nothing they can do about you selling your USED item at a yard sale, online swap, to your neighbor, to a junk store, on consignment, etc. Complaint ID: XXXXXX Works Seamlessly on Your Chrome Browser Appeal the decision with your supplier name added to appeal. For example, you can go to Amazon University and study all the policies regarding this topic. If I buy something from a major retailer, like KMart or Walmart, it should then belong to ME! If I give it to my grandchild as a gift, will the original manufacturer then have the right to confiscate it if they don’t like the grandchild that I gave it to? They should reinstate most of the times. Intellectual property infringements may include infringements of trademarks, copyright, patents, etc. Many brands are clueless about the damage they do with IP complaints and fake claims By: Lesley Hensell. Look up the property rights owner, and speak to them directly, as they’re usually more sympathetic than lawyers. Amazon takes the accuser’s side and, if the complaint is not withdrawn, the accused is guilty – period. BTW if Amazon is sued because of your offers, you have agreed to pay their legal fees, and they will bill you for them. I believe the brand’s position is that they did not authorized their product to be sold on Amazon and they did not authorize the use of the trademarked (image/brand name, Logo) to be displayed on Amazon by any third-party seller. Intellectual property complaints (both valid and baseless) have become somewhat of a regularity on the Amazon platform, and a common cause for seller suspensions. Even if you don’t know you are doing it, violating IP can and will get your account closed. This is the .01%. Amazon holds sellers to a standard that goes above the rigors of the law. Sadly, this can often result in the removal of listings or the suspension of selling privileges on the Amazon platform. Please understand that I’m not agreeing or disagreeing with either position personally, just clarifying what the manufacturers’ concerns might be. Rushdie, I agreee with you 99.99% of the time … Amazon’s Intellectual Property enforcement. IP Alert is a Google Chrome extension that alerts you when you're on an Amazon product page from a brand that is filing intellectual property complaints against resellers. Once Amazon is notified, they will remove the listings and suspend the account holder to insure Amazon is not liable for the claimed infringement. Once it has been established that there was no basis for an infringement claim, the complaining party will usually agree to remove the comment. What's an IP Complaint? As it applies to Amazon, an intellectual property (IP) complaint is a formal complaint made by a brand owner or licensed brand agent alleging that other sellers on the Amazon marketplace are unlawfully using the company's brand name or other intellectual properties without permission to sell products. And of course, you can avoid it at any cost. (Unless you are Chinese). Tap to unmute. If the rights owner does not willingly retract its complaint, it is unlikely that Amazon will reinstate your selling privileges for that item. If they are selling the same product, but at a lower cost, they will need to provide sufficiently detailed invoices that prove they are selling an authentic product. @DarrellsWorld, I think @Shelf_Cleaning_Capit was speaking to the OP, @Specter_Sales_Soluti. You will need to provide your invoices to Amazon that clearly demonstrate that you purchased the product from an authorized seller and that there are no IP violations whatsoever. Amazon will send you a warning notice of intellectual property complaint highlighting either Listing Suspension or Account Suspension. Check content guidelines and anti-counterfeiting policy. For Amazon Sellers, intellectual property issues can be complex, but more importantly they can cause your business to shut down completely if you lose your ability to sell. ASIN(s): XXXXXXXX. For example, for Patent Infringement, there is an “All Elements Rule” that requires each claim limitation to be proven by the plaintiff who is alleging the infringement. Thanks. Watch later. If you are not an intellectual property rights owner or their agent, Amazon will not be able to process complaints submitted through this form. manufacturers don’t see it that way. You can survive one or two of these PV but if it is a pattern it will cost you your account. If a seller sees that you are selling a similar product to them, they may believe it … Amazon will suspend your account if another party alleges there is an infringement. I believe the Manufacture just wanted to gate their product from re-sale, unless authorized. It was an un-gated ad, and we purchased the product in bulk from a retail distributor. Share. You may be able to list the items as Used, but not New, if a Brand Registered seller filed a complaint. It is the wild west out there … step carefully. At what point does the manufacturer no longer control a puchase by a legitmate buyer? Intellectual property can be broken down into three categories: Copyrights, Trademarks, and Patents. Both large (Yankee Candle, Crabtree & Evelyn) and small have approached us with a similar complaint. Many companies have taken the necessary precautions and have properly registered their IP. Intellectual property complaints (both valid and baseless) have become somewhat of a regularity on the Amazon platform, and a common cause for seller suspensions. It then becomes the party who was bullied to prove to Amazon that they are selling legitimate, authentic products that do not infringe on anyone’s IP. Powered by Discourse, best viewed with JavaScript enabled. 2. I did not know that it is now only a site for manufacturers to advertise and sell their products. Marketing Executive at RepricerExpress with a passion for all things digital. The trademark infringement could be related to the image of the product with the brand name or trademark that appears in the listing. This will not work for Retail Arbitrage as you can’t produce the Invoices. I have been trying to work this out all day. If registered sellers, do not want offers, other than their own, on their listings, they have a right to file a Trademark Infringement.
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