False patent claim. On likeness but patent reference is invalid.
I have recently started selling on Amazon. Only one product.
I received a copyright / patent claim against it. I have provided 4 individually written reprorts and letters. Outlining my product is not the same shape but etc, but I keep getting stock answers asking me to speak to the person who raised the claim. The patent referenced in the claim isn't valid its14 digits long. Patents ar 8. I have called Amazon seller support but they have referred me to FBAsupport who just repeat the written email.
I am not in a position to hold forever, and speaking to the "claimant" would be counter productive. Can someone help me? Do I do an unvalidation process on the false reference? Or is their someone else at Amazon who can help? Copyright claim dying because you can copyright a colour or a football target being curved to strike people off.
5 replies
Seller_mS10UjVYuuGor
You can have a colour trademark, Tiffany hold one for their shade of blue but that's not the problem you're facing here.
Is the product you're trying to sell branded? If so it's likely someone (either real brand owner or someone claiming to be the brand owner) has registered with Amazon brand registry and you'll need their permission to sell it. If they aren't the real brand owner you can certainly report that to Amazon but you're unlikely to see immediate action taken, it will take time.
Seller_WZTNXiwblCudf
Go find an Amazon lawyer (you can google it and a few will pop up) they are inexpensive too. We had a case like this recently and it was a living nightmare for 51 days. We had already won a lawsuit and had a federal court order of non infringement but I guess everyone at Amazon is illiterate. I first tried escalating with my patent lawyer and Amazon didn't even budge. The Amazon lawyer got it solved within about a week
Winston_Amazon
Hello @Seller_9Ou6kbjKQNycn,
Highly suggest that you reach out to a lawyer that specialises in Patents.
