An Amazon account suspension because of an Amazon counterfeit claim or an Amazon counterfeit complaint is one of the most serious types of suspensions. You are going to need the help of an Amazon IP lawyer — one with experience in Amazon counterfeit claims — to help get your seller account back and reinstated. Here is some background and a few things you should know about reinstating your Amazon seller marketplace account.
Amazon is rigorous when it comes to reports and claims of IP infringement. Amazon will suspend marketplace seller accounts very quickly and place the onus on the Amazon seller to demonstrate that no infringement has occurred (or that a claim of infringement has been resolved and will not likely happen again). IP infringement is a serious violation of Amazon’s Terms of Service for sellers. IP infringement includes claims of Amazon copyright infringement, patent infringement and trademark infringement. Amazon counterfeit claims fall in the latter category — reports of Amazon trademark infringement.
In essence, an Amazon suspicion for counterfeiting is based on a claim that goods are being sold that are falsely trademarked, labeled and/or branded. It is a form of pirating like selling a fake Gucci handbag as an authentic Gucci. Trademark owners are justly concerned about counterfeiting. It diminishes profits and risks tarnishing their products as low-quality. Amazon is particularly sensitive to these types of claims. To be clear, quality is not the issue. The product itself might be excellent, but if it is falsely labeled or tagged, Amazon will drop the hammer. Note that Amazon considers counterfeiting to be a much more serious violation than selling inauthentic items (which will also lead to the suspension of an Amazon marketplace seller account).
What to Do?
If you have knowingly engaged in selling counterfeit goods on Amazon, it will be exceedingly difficult to have your seller account reinstated. But, many times, mistakes are made or accidents occur. If the counterfeit items were listed by mistake or accident, here are some of the steps that will help get your Amazon seller account reinstated:
- Contact the IP Owner and Seek a Retraction — it is always necessary to contact the IP owner and seek a retraction of the Amazon counterfeit complaint. This will involve an explanation of what happened — accident or mistake — and, often, some form of consideration paid for the infringement on the trademark/brand. The goal is to obtain a letter/email from the IP owner retracting or withdrawing the complaint that was sent to Amazon. Obtaining a retraction will greatly increase your chances of having your account reinstated.
- Prepare Your Amazon Action Plan — An Amazon Suspension Appeal involves preparing an Action Plan that explains what happened, explains what steps you have taken to fix the problem and explains what changes in your business practices/procedures will prevent the problem from occurring again. If you have been successful in obtaining a retraction of the complaint, that should be included. It may also be useful to detail how you have no other counterfeit complaints or reports. It may be necessary to indicate the problem occurred because of a certain vendor or supplier from whom you will no longer be obtaining the product.
- Obtain Legal Assistance From an Internet Law Attorney — it goes without saying that having your Amazon seller account suspended — for any reason — may endanger your business and your livelihood. You need to retain the best Amazon Seller Appeal lawyers to guide you through the process and do the “heavy lifting.” For example, your chances of obtaining a retraction letter from the IP holder is MUCH higher if you have an attorney representing you. At a minimum, you will be taken more seriously and, likewise, Amazon will treat you more seriously.
Contact Revision Legal
For more information or if you need help reinstating your Amazon seller account, contact the trusted Amazon Seller Account Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474. Get the Amazon legal help you need. We are lawyers specializing in trademark and internet law. You want the best Amazon seller business law firm.