Removed for patent infringement products: but did not receive performance notice
Hi all,
On October 18, 2022, I received a patent infringement complaint and then one of my products was removed, however, I did not receive the original performance notification or email regarding to the listing removal and was unable to view the rights holder, contact information and specific infringement regarding the complaint. So I am not at all sure if I have actually infringed.
From October 19 to now, we have opened many cases in the seller support center asking for help to find out specific information about the infringement, but the responses we got were all to let us submit the complaint directly.
Then I submitted the complaint file in the account status and Amazon replied that we should provide a revocation request sent directly to Amazon by the right owner, but the most important issue is that we have not received the original performance notification regarding to the listing removal, we have no idea who the right owner is, what the contact information is, and we cannot provide the complaint file as requested.
Therefore, I would like to ask if there is any way to get Amazon to inform us of the details of this complaint? (right owner/contact information/what the patent infringement is)
Then I will be able to submit the required information and proof for the complaint.
Or has anyone else encountered the same situation and is there any other way to resolve it?
Looking forward to a response, thanks in advance.
Best regards,
Joyce
19 replies
Seller_NjyvfWyCdAwnz
Exactly same situation as me, I found that one of my listing was moved on Oct 18. but I’ve never received any performance information or email from Amazon.
I also opened cases several times and made a call, but no one could give me the information of the complaint. They just repeatedly said that ‘SOMEONE’ had reported my product for patent infringement. However they never gave me the information such as patent no, right owner contact.
I also don’t know how to solve this problem…
Emet_Amazon
Hello @Morjor,
This is Emet from Amazon to help you with your concerns.
Thank you for providing this information. My goal is to give you further assistance.
As it does appear the current situation exceeds our ability to assist in this space, I have forwarded your information to continue researching this matter further.
I appreciate you providing updates about your account. Please continue to post any relevant information in relation to this topic so it can be addressed at a later time.
Thank you as well @Dasan_213, for providing your concerns. I would suggest creating your own thread under the account health category. This will allow us to better address your specific concerns.
Emet.
Yokie_Amazon
Hi @Morjor
Yokie from Amazon here to assist with your question.
I understand you have questions about removed patent infringement compliant. I am here to assist with your question.
Thank you for informing the appropriate parties to help me to get further support. if possible, could you please tell me approximately how long it will take to get a response?
Unfortunately, there may be a delay with the team responding due to high volume in cases, we ask to please have patience as we try to assist and help provide a resolution and resolve the issue.
As @Alberto_Amazon mentioned I have taken some time to review your post and determined this issue may exceed our ability to best assist here in this space, and we want to make sure your issue is addressed in the best way possible. I have notified the appropriate parties to reach out for further support. I do appreciate your patience and understanding on this matter.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Best regards,
Yokie
Charles_Amazon
Hi @Morjor
This is Charles from Amazon.
Moderators here in the forums do not have direct access to specific accounts. Therefore, I would suggest that you look at your performance notifications for the information we provide to you about the complaint. We will not provide you more information other than the information we already provided to you in your performance notifications.
A patent infringement claim on an item is specific to the item itself. It is not simply a logo trademark, or a word or phrase that might be trademarked. The rights owners of the patent of the product itself are asserting their patent rights to the product.
Do you have permission to use the design right, or patent of this item? Amazon does not grant that right, only the rights owner can. Where did you do a patent search? Have you checked here?
If you have a separate and unique patent number for your item, this is something to add to your appeal packet. If you do not get a retraction for this complaint, then perhaps a court order will be your path forward.
Moderators cannot quote a time frame for you with your specific account. As stated above:
Have we reached out to you via phone or by performance notification (email) yet about this complaint?
Lastly, did you know that there is a compliance tab that is sometimes required to be filled out with your certification numbers? You can check here: manage inventory > product line item > edit > compliance tab. Perhaps you left the field blank?
I hope these considerations can assist you with your resolution. Meanwhile, you can check out the seller university for more information about account health guidelines. The forums community is here to support you. Please continue to check back in.
Regards,
Charles
