Patent Infringement Listing deactivated- Please help

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Seller_rZCA9aUATZgb4

Patent Infringement Listing deactivated- Please help

Hi experts,

I am a new seller on amazon, created my listing on one of the bathroom product and started selling from last week on amazon UK marketplace. I sourced this product from China under my own registered brand name. The product is sold by by at least 10-15 other sellers with different brand names. There is no patent registered for this product in the UK. Yesterday my listing has been deactivated by amazon due to patent infringement and I need to contact the rights owner. I never received that information regarding patent violations from amazon and there are no contact information of rights owner provided to me if one exists.

I have provided amazon below documents from manufacturer:

  1. letter of Authorization from manufacturer I bought product from

  2. Invoice from manufacturer

  3. Catalog of products they are selling

  4. And an appeal statement from myself

Amazon rejected the appeal with below:

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

You have not submitted required documents or the documents submitted are invalid. Please include the missing information listed below and resubmit in your plan of action.

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.

I did not receive that information in communication or don’t know who that is claiming the patent registry or intellectual property owner.

– 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.

We did not buy the product from the one claiming the intellectual property.

– 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.

That information if not there or I don’t know where to find the contact information of the rights owner /patent owner.

would anyone be able to guide me to resolve this issue please.

Regards,

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Seller_H2joiAETiguN8

Hi,

Firstly, you would need to identify where the infringement notice has come from and whether it has been sent from Amazon or another Seller (Company), if it is another company they would have to provide you with the details of the company that has filed the infringement. Usually the only time Amazon would send this over / remove your listing if they have recieved proof from the other party that they own the copyright / trademark / design reg etc.

Start by sending a polite forthcoming email to the seller thats filed the claim, ensure them you would like to resolve any issues you may have and keep it short, polite and straight to the point. Once they get back to you, you can then decide whether they have any legs to stand on, if they don’t then you could send a Lawyer drafted letter which in most cases will deter them and you should get your listing back. This decision has to be made based on the information they provide to you and if they actually have a copyright / TM / design reg etc on the product you are selling.

However, keep in mind that any communication you have should be through the platform and preferably through a lawyer, as they can get you in a proper mess if they report to you to Amazon regarding improper communication etc.

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Seller_rZCA9aUATZgb4

Hi Liam1, thank you for your response.
Amazon has not provided any information of the seller who has filed patent infringement complaint and I am unable to get this information out of Amazon. Every time I ask for this information they send me an autogenerated response that I have not provided the information they asked for and reject my appeal.

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