Unlawful Trademark Infringement Claim?
Hi
We have just received a trademark infringement claim from Amazon. A seller from the far east who sells generic products without any trademarks on the packaging or on the product made this claim.
My question is how can a seller make such a claim because:-
- We listed this product years ago.
- There is no trademark on the packaging or on the product.
- This is a generic product purchased from the far east.
- On the packaging there is no address, part number, no barcode or nothing.
- Some sellers change the listings and then make trademark infringement claims.
I would have thought Amazon would check the claim is valid before sending policy notifications? Also if the claim is not genuine penalise the seller for making such a claim.
Unlawful Trademark Infringement Claim?
Hi
We have just received a trademark infringement claim from Amazon. A seller from the far east who sells generic products without any trademarks on the packaging or on the product made this claim.
My question is how can a seller make such a claim because:-
- We listed this product years ago.
- There is no trademark on the packaging or on the product.
- This is a generic product purchased from the far east.
- On the packaging there is no address, part number, no barcode or nothing.
- Some sellers change the listings and then make trademark infringement claims.
I would have thought Amazon would check the claim is valid before sending policy notifications? Also if the claim is not genuine penalise the seller for making such a claim.
26 replies
Seller_EJIX7rqDNQJi2
I am sorry, however it’s Amazon who processes Intellectual Property Rights Infringement Complaints and no one will be able to answer the questions for you.
The original Policy Warning notice which you received from Amazon regarding the matter should include all ways how you can dispute the specific complaint.
In most cases, you will be asked to provide this by e-mailing notice-dispute@amazon.co.uk
”– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights.“
Sometimes, Amazon will then still require you to provide them a Plan of Action, in which you tell them, how you will prevent receiving similar complaints in the future.
Or they will insist that the rights owner sends a retraction notice, which includes your merchant token to notice-dispute@amazon.co.uk.
Without more details, it’s difficult to advise.
Seller_BHcdj7dHNt3yg
How do you make a claim and what is required if someone is lisitng against out trademark listing?
Would appreaciate some help as i am really struggling with a seller
Seller_fMsCVAHNu4txH
If you’ve been selling the same item(s), on the same ‘brand’, for a long time, then you may have grounds to appeal to the IPO to have it invalidated.
