Intellectual Property Complaint filed against listing please HELP
Hiya guys
Ive had a intellectual property complaint filed against my listing which i believe should not have happened. Basically in my title it mentions the trademarked word " Tupperware " (40 SMALL RE-WRITABLE CHALKBOARD BLACKBOARD LABELS For Herb & Spice Jars - Tupperware, Food Container Stickers (50mmx14mm)).
These are blackboard labels to label containers using chalk. I believed the word was used in a fair way and not infringing the brand. Below is a paragraph from amazon
C. When making truthful statements that a product is compatible with a trademarked product. For example, if a seller offers a speciality cable that is compatible with the Kindle E-reader, and states that the cable is “compatible with Kindle”, this is generally not trademark infringement as long as the statement is true, not confusing. Please note, however, that “similar to” claims (such as stating that goods are “similar to Kindle” or “better than Kindle”) are trademark infringements .
What would be the best way to get my listing back up and running ? I will remover the word “tupperware” as a precautionary measure.
Im more worried about the performance metric against my account.
Any help would be great.
Thanks
29 replies
Seller_0pkMTMROIPEmY
Tupperware is a Brand registered on Amazon, by including Tupperware in your listing it implies it is their brand or associated to it, this should only show as an intellectual property infringement flag under Account Health and will be automatically removed after 180 days. Remove any reference to “Tupperware” from your listings, I would also delete this ASIN and relist it without the offending brand reference.
Seller_GEwIzVJqVkCIj
Given the statement you included from Amazon, could you not change it to say “Compatible with Tupperware”?
Seller_0pkMTMROIPEmY
You can’t include the Brand name as compatible with , Tupperware is a Brand Name for a range of bespoke plastic ware products, it is not a generic branded product indentifier such as compatible with Samsung / Apple etc, by stating it as compatible is still effectively passing off that brand. Amazon and Brands themselves are coming down on all aspects of Brand usage in this way.
Seller_0pkMTMROIPEmY
Persoanlly I wouldn’t use the “Tupperware” Trademark name on Amazon, especially when selling effectively generic similar products to “Tupperware” the OP is selling plastic containers passing off as Tupperware from the initial post, even using compatible with on a similar product to me is passing off, it’s not a seperate product for use with “Tupperware” and therefore compatible with as such, it’s not without risk using such a large brand name on Amazon where the product is not that brand.
“The Tupperware brand is an invaluable marketing tool and asset. The identity of the product range relies on the exclusive use to use the trade mark for the sale of the containers and kitchen goods. Tupperware can prevent other brands who manufacture similar products from using their name or a similar mark.”
Seller_YVx6UpjLVLBWF
Instead of using the term “tupperware”, could you state either “for plastic containers” or “container labels”?
Seller_0pkMTMROIPEmY
Also looking at the specific ASIN B00NGQ1X1K this is the only one that mentions “Tupperware” all the other compatible similar listings do not refer the brand, not worth the risk at all.
Seller_paQz1G9evHrQs
Thanks for the help. Think the best option is to delete the original listing and start over without the term “tupperware”. Shame really as it took 2 years to get the amount of reviews and to where it was today. Its like selling a screen protector for an iphone. Will similar complaints be given to other sellers for using the term “iphone” in their title ? Or a specific car sticker for your "ford, bmw, vauxhall " etc. Oh well it is what it is.
Seller_DNl5ZtRZcMOLY
As its a brand name - like Hoover is - you cant use it.
Plus you will just hit a brick wall when trying to sort these things.
I had similar issue regarding a Lego Product - Lego complained that the item was not Lego but a fake product - I got notice from Amazon.
Even when i showed them the item was purchased from Lego through Amazon themselves. I proved the product was an official Lego manufactured item - they still would not back down. They didn’t even know what they manufacture.
Seller_OPIGLOYfyTIdQ
Just write “fits Tupperware, etc, etc”
Seller_72Sy9T6sEfmjl
Try taking tupperware out of the title and then in the description say it is suitable for use on items such as tupperware and plastic food containers.
The issue may be because it is the title. It will still be picked up in the search if it is in the description but it’s not a prominent.
