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How to Fight Amazon Rights Infringement Claims

By Chris McCabe

What sellers should do when faced with a Notice of Claimed Infringement including best practices for plans of action and DMCA counter notices.

How to Fight Amazon Rights Infringement Claims

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Lynne Norris

So, how does a nerw seller go about getting approval to sell items? Surely you cant just email them and say, can I put your stuff on my store?Ive been blocked from selling a $12 item from WM because another seller complained. He only had 2 items listed and he most certainly isnt the brand owner of Mainstays! I want to dropship. I dont have the money or the space to do FBA or MF. But I want to do it right. Thanks.

Tyler Nelson

Replying to Lynne Norris

Lynne, dropshipping from Walmart breaks the TOD

Lynne Norris

Replying to Tyler Nelson

I have not seen WM mentioned specifically, but basically, if you read Amazon’s dropshipping terms, dropshipping in it’s true sense is not allowed at all. It states that you must be the seller of record (which in my case, I was), so you are actually doing Merchant Fulfilled, not dropshipping. So, if you own the product and you are being upfront about the condition, etc., why do they care that it came from WM? millions are being sold every day from Amazon with WM items. From all kinds of apparently unauthorized sellers, if what you say is correct.

Josh

Any advice? I had an Intellectual Property Rights Infringement claim. I went all the way up the chain to get rejected by Bezos team. Afterwards the rights holder released claim. Seller performance is still not releasing my suspended account even after withdrawal of claim and several emails. Advice?!

Thanks!

Todd

Manufacturers are paying attorneys to rewrite MAP policies to turn a MAP “violation” into an IP complaint. They do this to get around the First Sales Doctrine, and control who can sell their product on Amazon. They also refuse to honor warranties and then claim you can’t sell items as new because they won’t honor a warranty, which is illegal in many states.

They do all this to control prices.

Lawsuits can be expensive, but I am tired of some manufacturers trying to circumvent the First Sales Doctrine with these bully tactics against legitimate sellers.

Lynne Norris

Replying to Todd

So, what can we do? There has to be something.

Pharaoh Bee

How about a case where an idea you came up to and created a new design our of it, no copyrights yet, no trademarks via uspto.gov dated March 15; After 2 weeks (April 1), suddenly you received a claim that they own the design that you have made. Can we prevent such things to happen like that? It’s a risk of having your account to be suspended in the future. It’s saddening that there are seedlings of Martin Shkreli everywhere on the market, who thinks they own everything and only they own anything even though you came up to creating… Read more »

Juliana Farha

As a rights owner, I find all of this quite galling. We are a manufacturer and we do not sell on Amazon ourselves. But Amazon is completely saturated with cheap Asian-made copies of our products which infringe our longstanding US trade dress registrations and we want them removed. We are not trying to shut down any legitimate seller and our claims are not false. We have had virtually no help from Amazon at all, yet this piece refers to their new focus on shutting down false claims. Why are they not committing resources to ensuring that their site doesn’t become… Read more »

Ahmed

One of my listing s was removed due to a false claims. The claimant used an expired patent number on top of that! I have been sending counter DMCA noticed to Amazon but they keep ignoring by asking me to resolve with the claimant. The claimant is not responding to my emails. What should I do now?

Chris Angelo

Replying to Ahmed

I’m in the exact situation

Chris McCabe

You’ll want to remedy any Notice-related situation quickly — you received too many and now you’re suspended? They’ll want to know in your POA how you plan to avoid them in the future while also watching you address and resolve past notices. Make sure you have both — otherwise, they often spin you in circles.

E-Deals Store Services Ltd

We are the first company may be on UK that will be claiming damages against an Amazon Seller for an unlawful threat of notice of infringement.

Chris McCabe

I know a lot of us will be interested in hearing the outcome of that, this is a lawsuit filed in the UK? What are the prospects of recovering lost funds or damages in the UK from a false rights owner infringement like this?

Let us know what you can divulge publicly. Curious to hear more.

Liz

This is an ongoing issue and I cannot see why some of the following simple policy changes at Amazon’s end which would work in the interests of all parties (including Amazon) could not be made: 1. A complaint form that requires full contact details: personal and business; company registration details and the registered office/place of business address; legal representatives or an agents contact details of the same type required to be given of the complainant; IP registration certificates; brief details on the alleged violation and supporting IP documents showing how the product violates the IP rights – all of which… Read more »

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