Securing a Retraction From The Rights Owner
With over 5 million sellers across all Amazon marketplaces, competition between online retailers on Amazon can be really stifling and overwhelming. That is why it’s not unusual for Amazon sellers to receive fraudulent or baseless intellectual property complaints as their Amazon business grows. Sadly, this can often result in the removal of listings or the suspension of selling privileges on the Amazon platform. Here’s an example of the much-dreaded suspension email notice from Amazon.
When you receive this email from Amazon, don’t fall into the temptation to respond to Amazon immediately to assert that these claims are false. Instead, consult with an intellectual property attorney to determine the merits of the intellectual property complaint. If it is determined that the complaints are baseless, consider seeking a retraction from the rights owner. While Amazon sellers may consider contacting the rights owner themselves, it is recommended the communication be conducted by the attorney.
Amazon’s Notice Dispute team often requires you to resolve the infringement complaint with the rights owner directly before Amazon reinstates your Amazon account or listing. Securing a retraction from the rights owner is ordinarily the quickest way to get your account or listing reinstated.
While convincing the rights owner to retract their complaint may actually be the easy part; the more difficult task is persuading the rights owner to comply with Amazon’s requirements for a valid retraction.
To properly retract their complaint, the rights owner must send a formal retraction email from the email address used to file the complaint. You can find this email address on the suspension notice. This retraction email should include your Amazon store name and the email address associated with your suspended seller account. More importantly, the email should include the disputed ASIN(s) and complaint ID(s).
Taking the time to guide the rights owner through the retraction process is important to ensure the complaint is properly withdrawn. You, or your attorney, should respectfully follow up and provide whatever assistance you can to ensure the retraction has been completed.
Here’s a helpful template you can send to the rights owner:
Some rights owners will refuse to include the phrase “submitted in error”. This phrase is not required but suggested.
You may also request the rights owner to copy you in the retraction email so you have proof that the retraction has been completed. If they do not copy you in the email, ask them to forward you a copy of the email in case you need to use this as support in your appeal to get your account or ASIN reinstated.
We hope this information has been helpful to you in getting your account or ASIN back. If your account or listing remains suspended despite an appeal from the rights owner, give us a call and we will help you get reinstated.