By: C.J. Rosenbaum, Esq. & Travis J. Stockman

CJ Rosenbaum is a founder of and Travis is a paralegal at Rosenbaum Famularo, P.C.,

the Intellectual Property Law Firm behind AmazonSellersLawyer.com

 

Many Amazon sellers are suspended when competitors make baseless intellectual property right complaints. Competitors assert baseless intellectual property right complaints to try and eliminate competition. We work with many suspended Amazon sellers that temporarily lose or the ability to sell certain ASINs or their entire accounts because of baseless rights owner complaints.

Competitors who assert fraudulent rights owner complaints take advantage of Amazon’s policies about intellectual property complaints. Amazon will often suspend an Amazon seller’s account based simply on an allegation of an intellectual property right violation. The suspended Amazon seller usually has to then seek the withdrawal of the baseless complaint. The baseless suspension temporarily clears the competition even though the rights owner complaint was baseless.

 

Responding to a Fraudulent Right’s Owner:

 

A recent client of ours had difficulty reinstating his account following a baseless intellectual property right suspension. The suspension was caused by a right’s owner complaint. Seller Performance seems to always require suspended Amazon seller to first try and resolve the situation with the right’s owner directly. This is before sending anything to notice-dispute@amazon.com.

 

For many suspended Amazon sellers who try and address this problem on their own, the right’s owner is unresponsive. As a law firm, we almost always receive responses.

 

In this case, the rights owner/complainant refused to respond to emails. When we were retained, we reached out to Amazon who provided another contact email. After we were also unable to obtain a response, we contacted Amazon’s legal team.

 

Escalating the Situation to Amazon’s Legal Team:

 

As a law firm, we contacted Amazon’s legal. We demonstrated our multiple attempts to contact the right’s owner. In our legal correspondence, we thoroughly explained the situation and provided a detailed Plan of Action as well as a Lawyer’s Opinion Letter. There was no intellectual property right violation.

Our team researched to see if a conflicting patent existed and found nothing. We detailed this research in our Opinion Letter attached to the suspended seller’s Plan of Action.

 

Our Plan of Action was supported by our law firm’s Opinion Letter.

 

We also escalated the situation by reaching out to Jeff Bezos’ team directly.

 

In our Bezos Escalation we requested a full re-evaluation. Our client was losing substantial business daily. We attached all prior correspondence, including our Plan of Action.  Following our contact with Amazon Legal and Jeff Bezos’ team, our client’s suspended sellers’ account was reinstated.

 

Takeaway for Amazon Sellers:

 

All Amazon Sellers must respect the IP rights of other sellers and remove any listing that may conflict with another seller’s protected rights. If an Amazon Seller believes there is absolutely no intellectual property rights infringement, chances are the claim is baseless. However, the suspended Amazon seller will still need to follow the Amazon appeal process in order to reinstate their account. The suspended Amazon seller should include detailed attempts to contact the right’s owner and provide a thorough explanation as to how no intellectual property issue exists. An opinion letter from a law firm always seems helpful.

 

If a suspended Amazon seller is unable to contact the right’s owner or successfully contact Amazon’s legal team, the Amazon Seller should contact a law firm focused on Amazon sellers and seller account suspensions to assist them.