Amazon Suspension for Infringement:
Intellectual Property Complaints on Amazon:
As an Amazon Seller, it is significant to be aware that there has recently been an increase in Amazon complaints connecting to intellectual-property.
If a seller sees that you are selling the very same product as them, they may consider it is a fake product and file a complaint against you.
Manufacturers and big brand name companies have been filing more complaints on Amazon, other seller’s accounts. If they see you are selling a brand name product at a lower price than they are, they will file Intellectual Property complaints against you.
What is Intellectual Property?
Intellectual property can be divided into three categories:
(i) Copyrights (ii) Trademarks and(iii) Patents.
A trademark is the security of a name, symbol, or design, which is used to consider source goods or services.
A sub-part of a brand is a trade dress which is the general appearance and image in the marketplace of a product & a commercial-enterprise.
For a product or trade dress generally comprises packaging and labeling. For an enterprise, it generally comprises design and decor.
Copyright law protects works of genuine authorship, for example, novels, poems, or musical composition.
Patents offer the safety of ideas, for example, inventions-technological processes.
Why is there is a rise in Intellectual Property Complaints for Amazon Sellers?
Amazon.com doesn’t observe its platform for IP infringement. Until unless the infringement is specially brought to their notice! Amazon will provide continued access to its own sellers.
Though, Amazon does permit customers and rights owners to have the capability to file a complaint if a product seems inauthentic and fake due to the poor quality of the product. Once Amazon is informed, they will eliminate the listings and suspend the Amazon account holder to assure Amazon is not responsible for the claimed infringement.
Amazon doesn’t care whether these complaints are legal and just an attempt by One seller to root out the competition. If there is a legal IP issue there is no point in using Amazon-straightly.
Customers, manufacturers or sellers have tried to file suit against you Amazon only to find that they were banned from recovery against Amazon, therefore, Amazon It’s just the platform, not the party who is genuine infringing.
Moreover, sellers on the Amazon online platform have accepted to binding arbitration under the seller’s terms and conditions when they registered as a seller on Amazon.
That means any kind of issues that happen duration the seller and Amazon must be handled through arbitration.
finally, manufacturers and as well as other sellers took notice! of the way Amazon’s policy(terms & conditions) for answering to IP complaints.
They know that once Amazon is reminded of an infringement-claim, they will instantly terminate the respective listing or the userís Amazon seller account after a simple inquiry is made as to the authenticity of the claim.
This method is potential, it is instant and it’s now an ordinary loophole for manufacturers, brand name companies and competing sellers to abuse in order to instantly remove competition.
Amazon.com’s aim is not to stop infringement on their platform-but rather, to secure themselves and their company from more liability-litigation. That is why they are so eager to remove a listing and user based on little evidence.
It then becomes the party who was bullied to make sure to Amazon that they are selling legitimate, genuine products that do not infringe on anyone’s IP.
What can you do as a new Amazon Seller to secure yourself?
In order to secure your intellectual-property complaints, it is important that you take preventive measures before selling on Amazon.
If your eventual intellectual property product is not already registered and then it’s in your best eager to copyright or trademarks your brand and logo.
This investment of time is significant if you want to keep your photos and descriptions secured, particularly on Amazon, and where many are trying to “piggy-back” or hijack the next hot-selling item.
To make sure that your listing is not infringing upon another’s intellectual property rights, you can research whether or not a product is already protected by searching on upsto.gov.
What if somebody has already filed an IP complaint on your Amazon account?
Any claim of intellectual property infringement will consequence in the suspension of your seller account by Amazon. In the beginning, you need to contact the seller and company who has made the allegation. Many companies have taken the necessary precautions and have correctly registered their IP.
These companies will have systems in place to monitor! for infringement, or occasionally people who are legally selling genuine products get caught in the net. In so many cases! the IP rights are legal but the allegation is not.
Many complaints arise where your Amazon account is selling a product that might look alike to others, but those exact similarities are not sufficient enough to constitute infringement.
You will require an attorney to demonstrate to the company that your product is unique, original and not infringing on anyone’s IP rights.
If the rights owner doesn’t keenly withdraw its complaint, it is unfortunate that Amazon will reinstate your selling privileges for that item. There are so many times where the complaints are unjustifiable.
Companies and manufacturers will also file IP complaints on your Amazon account if you are selling an alike product or just at a lesser price.
These kinds of complaints are without merit, frivolous, or abuse of the Amazon platform’s implemented policy.
You will require to give your invoices to Amazon that plainly demonstrates that you purchased the product from an authentic seller and that there are no IP! violations whatsoever. Many companies mistakenly claim infringement on Amazon Seller accounts.
If this happens, you will require to bring the complaining party’s attention that it’s their burden to verify there was genuine infringement.
For example, for Patent Infringement or there are all Elements Rules that needs each claim limitation to be confirmed!, by the applicant who is alleging the infringement.
If the company alleging the infringement can not confirm that you have met all of the requirements to confirm-infringement, then there is no infringement, plain and simple.
Once it has been placed that there was no basis for an infringement claim, the complaining side party will usually agree to eradicate the comment. You will require to have the complaining party state to Amazon or in writing, that the issue is resolved and they are willing to withdraw their complaint.
A copy of this document should be attached to your thorough plan of action along with invoices-verifying your item has not infringed! on anyone’s IP rights.
What if you are being bullied?
Bigger companies take amazing measures to secure their intellectual property rights, and many of these efforts are worst and prohibited. This is a kind of trademark bullying.
These “bullies” take their preventive measures far on the other side the threat of litigation. They will file suit against anybody they think to be their competition and whether or not their allegations hold merit.
Litigation needs devotion of time, money, effort: and many competitors don’t have the wealth to fight. Companies are bullying litigation not only for real infringement but in a condition where logos might be vaguely the same. Companies are also filing suits against you when they find a smaller company is selling their product but at a lower cost.
The reseller is selling a real product, but the company doesn’t mind. They wish them to eliminate, and they will try to complete their competition at any cost whether or not they are genuinely committing trademark infringement. This is trademark bullying! it is wrong and it is happening extremely day.
How can the company protect itself against Trademark Bullying?
A company that wanna fight against trademark bullying will first require to place that it didn’t infringe on anyone’s intellectual property rights. If they are selling an alike product but at a cheaper cost, they will require to provide adequately-detailed invoices that prove they are selling a genuine product.
Companies don’t like illegal reseller due to they will often sell the product at an unwanted lower price. Although, until unless the company is a party to a Minimum Advertising Cost (MAP) agreement, these companies have done nothing officially wrong as they were not obligated to sell at a more cost and the products themselves are authentic. In such a situation any threat of litigation alleging IP-infringement is trademark bullying.
What if the complaint is legitimate?
Sometimes you are not aware of it that you are infringing on another partyís IP right. If you are caught infringing on an IP and you will require to instantly eliminate that listing and never sell that particular product again unless you got it from an authorized reseller.
Amazon will suspend your account if another-party claims there is an infringement. Your subsequent step is to write a comprehensive plan of action that acknowledges your error and how you corrected the error and the changes you have made in your business practice to guarantee this will never happen again with you.
Amazon is a well-reputed house and holds the sticking tendency to its applied rules & regulation. If you are selling your product on this platform then never even think to violate it is policies. You may prevent the suspension only on this basis: otherwise, the embarrassing situation will keep arising.
In addition to these, you might contact us at the stated toll-free number anytime. Our service-availability is the subject of 24/7 hours.
This means you are free to apply your queries and concern according to your convenience and requirement anytime.