Intellectual Property Complaints is considered to be one of the most common and complicated issues for Amazon sellers. If you ever get hit with one, an Amazon reinstatement process is the only way to get your account back. As a rule, an Intellectual Property consists of four main points including Copyright Violation, Trademark Violation, Trade Dress Violation, and Patent Infringement.
Copyright
Copyright violation usually comes when you use somebody’s images or verbiage. There are three main types of copyright violation: direct, contributory, vicarious. They vary in severity and must be dealt with accordingly.
Trademark
Any word, name, design, or symbol which can be used to distinguish one brand’s product from another, is considered to be a trademark. Trademark is governed by the Lanham Act, which regulates unfair competition and the procedure of trademark registering.
Trade Dress
Trade Dress is the overall appearance of the product(s) in your listing. Usually, it is comprised of packaging and labeling, including such features as color, size, and shape. Trade Dress can also be protected under trademark laws.
Patent Infringement
Intellectual property complaints will result in the suspension of your seller account by Amazon. The main idea of a Patent is to protect ideas like inventions and technological processes. If you come across with such kind of issues, it is better to work with someone who has legal experience. Otherwise, this may cause really serious problems for your business.
If you have violated some of these types of IP complaints, be prepared that your reinstatement is going to be a very hard and time-intensive process. Keep in mind that all the types of IP issues are considered to be legal; that’s why they should be handled by a legal attorney. So, it is better to not jump the gun by trying to solve your IP issues on your own. It’s better to leave it to Amazon account services like us at Got Suspended? who are skilled in handling these cases!
Keep in mind that Amazon is not liable when you are selling fake problematic products; but in order to avoid any issues, it prefers to kick you off from its platform. The question here is: What should you do if Amazon suspends you thanks to an IP complaint?
First of all, you should reach out to the complainant and ask them to withdraw their complaint. Our practice shows that these allegations are baseless most of the time.
That’s why you need an attorney in order to prove to the company that you are selling authentic products. In most cases, the brand might refuse to withdraw its complaint in the interest of competition. So, do everything to prove that the infringement is baseless. Once you solve the problem with the complainant, it’s time to come up with a professional Plan of Action in order to show Amazon that you have taken strong actions to solve this issue. Try to show Amazon that you have followed all of its policies, and the allegation of infringement is entirely baseless.
As you can see, the IP complaint is one of the trickiest cases to handle. And of course, it is better to prevent it in the early stages. However, we at Got Suspended? are ready to assist you in solving any legal issue within your Amazon business. Our legal lawyers will conduct all the negotiations with the brands on behalf of your company, and our appeal reinstatement service in turn will provide you with a persuasive Plan of Action for your account’s speedy reinstatement!
