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Amazon Seller Account Suspended or Product Listing Removed for Patent Infringement

By John DiGiacomo

If your Amazon marketplace seller account has been suspended — deactivated — because of a claim of patent infringement, you have options. Call us here at Revision Legal. We can help reactivate your Amazon seller account. We are Amazon IP lawyers who can provide the legal services you need if there have been Amazon intellectual property complaints.

The same is true if one (or more) of your Amazon seller product listings has been removed by Amazon for claims of patent infringement. Even if ONLY a listing or listings have been removed, you must still retain Amazon legal to help to deal with the problem. As you know, unresolved claims of Amazon patent infringement will count as “strikes” against your marketplace seller account which can then create enormous future problems if there are other claims of IP infringement concerning your seller account. You do not want to be listed as an Amazon repeat offender. Patent infringement claims are one of many possible Amazon IP infringement claims that can and often do threaten your Amazon seller account.

Keep in mind that, for reasons of avoiding legal liability for any sort of IP contributory infringement, Amazon will generally “side with” the IP owner and remove listings or suspend an Amazon seller account. It is much easier and safer — legally — for Amazon to do this. By removing the listings and/or the account, Amazon eliminates a potential legal problem for itself. Amazon will leave the patent holder and the owners of the Amazon seller account to resolve the problem. For these reasons, you will need a top-tier IP infringement defense team.

What Can be Done to Reactivate Your Amazon Seller Account?

Let’s begin with what cannot be done: you cannot “sue Amazon” and make them reinstate your Amazon seller account. First, Amazon is a huge international corporation. No Amazon seller account has the legal and financial resources to successfully litigate against Amazon. Second, Amazon has the full right to deactivate Amazon seller accounts for alleged patent infringement. The authority for this is set forth in the Amazon Terms of Service Agreement. Further, the law of IP infringement allows this and, one might say, even encourages Amazon to do this.

Thus, the most successful approach is to work within the Amazon system of resolving Amazon IP complaints. That involves two complex steps:

  • Contacting the patent owner/holder and obtaining a retraction letter (if possible)
  • Preparing a Letter of Appeal and Plan of Action

The first step really cannot be done without the best Amazon IP infringement defense attorneys. The patent owner/holder simply will not take you seriously. The goal is either to show that that alleged patent infringement was inaccurate or a mistake or to come to some negotiated settlement. Maybe the patent owner/holder wants a patent license agreement with ongoing monetary payments to allow continuing listings of the item or products in question. Usually, the patent owner/holder also demands some monetary settlement up front to cover past infringements. The ultimate goal is to obtain a letter/email retracting the Amazon infringement complaint

The next step is to make all of this known to Amazon through an appeal and Plan of Action. This is necessary if your Amazon seller marketplace account has been suspended. But this is also necessary if only a listing or two have been removed. As noted, you do not want to be deemed by Amazon as a repeat offender.

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. We can help if you are asking: “How to get my Amazon seller account reinstated?”

Put Revision Legal on your side