Trademark IP Notices (Again!)
I’ve had an IP infringement notice from Amazon. A competitor has claimed they own the trademark but the rights holder is actually the holding company of my supplier. Supplier and the holding company have very similar names (e.g. XYZ (UK) Ltd, XYZ Group Ltd). Competitor has a very different name and doesn’t hold the rights at all.
I’ve provided Amazon with an invoice from my supplier and a link to the trademark and highlighted that the competitor appears to have submitted a malicious trademark claim. Amazon’s having none of it. My supplier is happy to provide a letter of authorisation, but I’ve got a feeling this might have to come from the holding company who are actually listed as being the rights owner. As far as I’m aware the holding company is one of these where all they practically do is have an AGM once a year and do a load of accounts, so getting a letter from them is going to be difficult.
Is there an easy way round this? I’m thinking the easiest way might be a cease and desist letter to my competitor telling them to remove their rights claim. Any advice?
Initial email
We are contacting you because we received an intellectual property report from the rights owner listed below. The rights owner indicated that the items have been imported into the European Economic Area (EEA) without consent. These listings will remain inactive until you can provide written evidence that proves otherwise.
ASIN: B00ABCDEFG
B001234567
Complaint ID:123456789
– Trademark
– contact@competitor.com
Rights owners may use their intellectual property rights to prevent distribution into the EEA of genuine branded goods sourced outside the EEA. The EEA currently consists of the European Union countries, plus Iceland, Liechtenstein, and Norway.
What you can do:
You are required to provide written evidence that the product you are selling for the ASIN(s) have been authorized for import into the EEA with the rights owner’s consent. Please reply directly to notice-dispute@amazon.co.uk and include one of the following:
– Copies of invoices from your EEA-based supplier issued in the last 180 days. These should reflect your sales volume during that time and contain your supplier’s contact information, including name, phone number, address, and website.
– Copies of product importation documents (e.g., EU customs clearance documents, commercial invoices) issued to you or your supplier in the last 180 days. These should reflect your sales volume during that time and contain your supplier’s contact information, including name, phone number, address, and website.
– A written authorization letter from the rights owner, issued to you;
– A written authorization letter from the rights owner, issued to your supplier. In this case, also include copies of invoices or receipts from your supplier issued in the last 180 days. These should reflect your sales volume during that time and contain your supplier’s contact information, including name, phone number, address, and website.
You can remove pricing information, but please ensure the rest of the document is visible. External links of receipts are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff, .pdf, .txt, .csv. Sending forged or falsified documents will result in the removal of your Amazon selling privileges.
What happens next:
- Refrain from listing items manufactured by this rights owner until you have proven that the complaint was unfounded.
- Once we confirm the information you provide, we will immediately reinstate your listings on your behalf.
Additional complaints about your listings may result in you no longer being able to sell to Amazon.co.uk.
Response to Appeals
Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:
– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. . Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.co.uk.
Where do I send this information?
Send this information to notice-dispute@amazon.co.uk.
0 replies
Seller_z6B2L9xab6HlP
@Kika I don’t know if you have any experience of this, but it appears a lot of sellers are having IP rights issues at the moment:
- Artists preventing resale of media (e.g. Michelle Shocked)
- Customer thinking something might be fake and Amazon appearing to not accept invoices etc:: What a day seller leaving feed back stating it was mite be fake
- Competitor submitting false rights claims, and again Amazon not accepting invoices etc (above)
Seller_vmXKMgVCpmLVt
What is the trademark for, the product or the seller’s co name…
Post the ASIN #
Seller_THNDrBrQwu5vi
Trademark is a trademark, you need to list it under your own identity. Theyre are possibly brand registered, and as such can get you in trouble, you should send IP number to the brand registry or check it out or get your own trademark. Either way, good luck in finding help from SS. I have been reporting a seller for years who used a trademark symbol but doesnt have one. I contacted IPO and they said its nothing to do with them!. I wrote to Amazon…
They just send auto responses.
Seller_THNDrBrQwu5vi
I completely understand, there are many sellers using fake R but Amazon do not seem to understand, even though its in the T&C;s.
Its like going in circles with SS.
Is the ASIN you sell under the IP rights holder name…i.e Persil or is it under their company name?
Seller_Rkf2znCXtSZpI
This must be very frustrating!
Could the Supplier Trading Co (albeit not the rights holder) send a letter to the seller. I would expect them to be scared off by this.
But even from you if not the trading co.
p.s. might be an idea to post your appeal also.
