Help With Amazon Trademark Infringement Appeal featured image

Help With Amazon Trademark Infringement Appeal

by John DiGiacomo

Partner

Internet Law

Have you received an intellectual property complaint regarding your Amazon seller account? Has your Amazon marketplace account been suspended? We can help. Our team of proven Amazon seller’s lawyers know how to best respond to each different type of Amazon seller suspension. A “cookie-cutter” approach rarely succeeds.

One common reason that Amazon seller accounts are suspended is because of claims related to trademark infringement. Responding to Amazon trademark complaints must be done in the legally and formally correct manner. Amazon seller accounts can be suspended for many different reasons, and, consequently, the response and suspension appeal must be crafted to address the specific reasons for the suspension. The goal is to get your Amazon seller account reinstated. If the intellectual property complaint relates to claims of trademark infringement, then you need the best Amazon trademark lawyers to assist. Here is some basic information on what you need to do.

What is an Amazon trademark suspension?

In general terms, an Amazon trademark infringement deactivation is caused by a complaint that your account has used one or more trademarks without authorization. For example, an item listing might reference a trademark when the item offered is not manufactured by the trademark owner. Alternatively, the listing might be mislabelled as an item or product manufactured by the trademark owner. In more serious cases, the claim might be that the item/product is inauthentic or counterfeit which relates to the possibility that the product is willfully labeled, tagged or boxed with a false trademark.

What to do?

There are several keys to appealing a suspension of your Amazon seller account. The first key is to determine precisely what triggered the Amazon trademark suspension. One type of response should be made if you referenced a trademark that you should not have. A different — more complex — response is needed if it is claimed that your products are counterfeit or inauthentic.

Once it is precisely determined what has caused your Amazon seller account suspension, the next key is to properly draft an appeal along with an Action Plan. Depending on the specifics, various documentation might be needed (such as copies of invoices from your vendors for the last year with respect to the items that have been “flagged”).

In all cases, it is important to try and contact the owner of the trademark (or their agent) and inquire about having the intellectual property complaint withdrawn. If that can be accomplished, that would be a key document that would very likely lead to a reinstatement of your Amazon seller account. It might be difficult or unproductive, but the effort should be made. At minimum, it helps when crafting the Plan of Action to be able to truthfully state that efforts were made to resolve the problem with the trademark owner.

The next key is to ensure that your Plan of Action addresses all of the Amazon requirements. These include:

  • Statement of what you’ve done to investigate
  • Statement of what steps are currently being taken to correct the problem, like contacting the trademark owner
  • Statement of what step will be taken to prevent the problem from happening again, such as finding new supplies for the products in question

Contact Revision Legal

For more information about how we can help reinstate your Amazon seller account, or if you have other legal issues related to internet law, 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 trademark appeal law firm.

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