Amazon Sellers’ Rights & Baseless Counterfeit Complaints
Intellectual property rights complaints are a huge source of suspensions of Amazon’s third-party sellers.
When a brand makes an intellectual property rights complaint against a 3rd party Amazon seller and causes an account or listing suspension, the suspended Amazon seller should seek a retraction of that complaint. Specific intellectual property rights complaints asserted against Amazon sellers in this video consist of baseless counterfeit complaints.
When a brand makes a baseless counterfeit complaint against an Amazon seller, that brand or brand manager has potentially opened the door to the suspended Amz seller who received the complaint to assert significant leverage against that brand. When the intellectual property rights complaint contains counterfeit allegations, that brand may have created liability for itself.
The claims the suspended Amazon seller may have include defamation or defamation per se and also interference with the contract between the suspended Amazon seller and Amazon.
Amazon will often suspend the seller accused of infringing upon anyone’s intellectual property rights. Under Amazon’s terms of service with every suspended Amazon seller, Amazon reserves the right to suspend or terminate its agreement with the seller at any time. Many brands assert intellectual property rights complaints against Amazon sellers causing suspended Amazon accounts and listings in the effort to control pricing.
Amazon’s complaint system makes it very easy for anyone to make an intellectual property right complaint against any seller. The person making the complaint does not have to prove that they own any intellectual property rights when they make the complaint. As far as we are aware, Amazon’s team that evaluates intellectual property rights complaints have zero or practically no intellectual property law training. Unfortunately, Amazon places too much power in the hands of brands that may or may not have any valid basis for their intellectual property right complaints against sellers.
As Amazon indicates in its suspension email to the Amazon seller, Amazon wants the suspended seller to try and get a retraction of the rights owner complaint. Amazon appeal letters are often unsuccessful until you address whoever made the intellectual property rights complaint. Many brands refuse to withdraw their complaints when the suspended the Amazon seller contacts them.
Amazon sellers have rights when their accounts or listings are suspended.
When a rights owner makes a baseless counterfeit complaint, you can actually sue them. Every suspended Amazon seller and every brand that’s selling on Amazon works under the same terms of service. Amazon’s policies indicate that no one selling on Amazon should assert a baseless intellectual property right complaint. Sellers can assert or threaten to assert claims against brands who make baseless complaints against them.
Any brand that makes a baseless intellectual property rights complaint against a seller is open to similar complaints being made against their Amazon account and also civil claims for damages in court on behalf of the suspended Amazon seller.
Suspended Amazon sellers should not use anyone who is not a lawyer to deal with intellectual property rights complaints. The person you are hiring must know the difference between what is a violation of someone’s intellectual property rights and what is not a violation. Knowing the difference between a valid IP complaint and a baseless complaint is vital to draft a winning plan of action.
If you have questions or would like us to assist you in dealing with a baseless counterfeit complaint made against you, call for a free consultation: 1-877-9-SELLER.
Our law firm is geared towards intellectual property and brand protection for the ecommerce marketplace.
GET HELP NOW: We are required by law to assure you 100% confidentiality. We protect your privacy under the Attorney-Client Privilege.
Rosenbaum Famularo, PC, the law firm behind Amazon Sellers Lawyer.
