Intellectual Property Suspensions
If your Amazon selling privileges have been removed for violating the intellectual property rights of a right’s owner and the rights owner or registered agent for the owner refuses to withdraw their complaint against you, don’t feel too bad. You’re in good company today with us as we have perfected a good strategy to reinstate your selling privileges after violating intellectual property rights, even when the right’s owner refuses to withdraw their complaint.
There are a few things all Amazon sellers should know first about intellectual property rights when it comes to Amazon.
First, it’s that the rules within Amazon are a bit different than that of the real world. What we mean by this is that outside of Amazon’s selling platforms – there is a doctrine called the First Sale Doctrine in the United States (as well as in the United Kingdom) that states that you have the right to resell any product that you have legally purchased with your own money.
Simply put this means that if is you have purchased a product, you have the legal right to resell it.
Secondly, there are various types of intellectual property violations that Amazon selling privileges can be removed for. These include copyright, trademark, trade dress, and or patent infringement. Each one of these reasons varies from situation to situation regarding the Amazon seller, the product and what exactly the right owner is allegedly claiming the Amazon seller is infringing.
Currently, for Amazon sellers to regain their selling privileges they must resolve their intellectual property right issues with the right owner who submitted the complaint against them. The big issue regarding Amazon accounts that have been suspended for intellectual property right violations is that anyone can submit a false complaint to Amazon using the ‘report an intellectual property violation tool’.
A larger more common issue that Amazon seller face regarding intellectual property violations is that right owners refuse to withdraw the complaint they have made against the Amazon seller despite the Amazon seller ceasing to infringe on the intellectual property of the rights owner in addition to complying with all requests from the right’s owner.
These issues stem from the manner in which Amazon has decided to handle intellectual property violations. Amazon, on many occasions, to include legal cases have stated they are not responsible for intellectual property violations but are required to police them. It is in this manner that they have placed the responsibility on the Amazon seller to resolve their issue with the rights owner before the Amazon may reinstate their selling privileges or their listing.
While intellectual property violations are a complex matter and are difficult to handle for the average Amazon seller, we at Happy Amazon Seller have had the pleasure of resolving intellectual property right issues and have reinstated the listings and selling privileges of countless Amazon sellers using a rather unique and comprehensive strategy.
If you currently have your Amazon selling privileges or listing suspended for violating intellectual property and would like us to handle your case and reinstate your selling privileges please fill out the following form here.