Hi!

We recently received a false design infringement claim, we hired a lawyer to determine wether our product is infringing or not, upon the review we confirmed that the product is not violating since it lacks a major part illustrate in the design patent. We have submitted our appeal, to explain why we believe our listing was removed In error. Amazon replied quickly, but surely nobody looked at the appeal, the answer was

"We received your submission but do not have enough information to reactivate your listing at this time. To reactivate your listing, please provide any one of the below documents for proving authenticity of your listings:

– A letter of authorization (LOA) or licensing agreement (LA) directly from the rights owner indicating that you are authorized to use their intellectual property. You can find the contact information of the rights owner in the listing deactivation communication you have received.

– An invoice directly from rights owner to indicate that your products are original and are purchased from the rights owner directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.

– A retraction from the rights owner to be sent to Amazon directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.

– Proof of design registration for the listed product.

Has your listing been deactivated in error?

If you believe there has been an error, please tell us why. Your response should include an explanation for how your listing(s) have not violated the brand’s intellectual property along with documents mentioned above to support authenticity."

So my take is that amazon did not review the information provided, as upon receiving the appeal they found no documents attached and believe that because we clearly do not violate the patent we also don’t need to provide any of the documents listed, and we have explained how and why the product doesn’t violate the design.

So our account is already suspended under section 3 of Seller Agreement and that is exactly for this claim.

How to get amazon to review the appeal? I really don’t want to file lawsuits. Is taking both the accuser and amazon to the small court as co-defendants really the only option?