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Amazon Seller Attorney Addresses How To Deal With Amazon IP Complaints – Trademark Infringement

Fri Dec 24, 2021 Amazon Tips

A trademark provides legal protection for a word, symbol, design, or combination of the same that a company uses to identify goods and services. Trademark infringement complaints are among the most common suspension reason for Amazon sellers. If your company has been accused of infringing on the trademark of another person or company, speaking with an Amazon seller attorney at our firm will enable you to learn more about your options.  

Common Trademark Infringement Complaints

  • Incorrect Sourcing: Incorrect sourcing of a trademarked product occurs when a seller lists a trademarked product for sale without a license or other agreement with the rights owner which gives them permission to do so. 
  • Inaccurate Product Description: Selling or offering a product that does not match the trademarked product described on the listing is a form of trademark infringement.
  • Unauthorized Product Description: Using another party’s trademark to describe your own product in a confusing manner is prohibited. Generally, describing the compatibility of products is allowed on Amazon Marketplace. It is describing the similarity between products that is prohibited.

How To Deal With Trademark Infringement Complaints

How you handle a trademark infringement complaint depends on which of the three categories listed above the complaint falls under. 

If the infringement is incorrect sourcing or inaccurate product description, having the correct documentation to appeal your listing or account description is critical. If the complaint against you is for unauthorized product description, you may need to make changes to your product detail page by removing the confusing or infringing content. 

Some other helpful tips to bear in mind include:

  • If the complaint was in error and you do actually have a license or agreement that allows you to use the trademark that is the source of the complaint, you will need to contact the rights owner that submitted the complaint and request that the complaint be retracted. If they comply with your request, the content in question may be reinstated.
  • For trademark complaints regarding the product or packaging, access your Account Health Dashboard in your selling account and provide an Order ID or Invoice which shows that the product in question is authentic. Amazon will then re-evaluate the notice and possibly reinstate the content. 
  • If the trademark infringement complaint is in regards to the product detail page, change the product detail pages so that they no longer infringe on the trademark. Once you have done this, you can submit your appeal to Amazon through the Account Health page. 

Consult With An Amazon Seller Attorney

If a complaint has been filed against your company for trademark infringement, you need to speak with an experienced Amazon seller attorney to learn what your rights are and the best way to proceed under your particular circumstances. You may reach us by calling 888-600-1925 or via our contact page. We focus our practice on representing online sellers and intellectual property matters, and we are here to help.