False Intellectual Property claim - Listing deactivated

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Seller_14UxqtzKN4jax

False Intellectual Property claim - Listing deactivated

Hi there,

I’m a new seller.
After selling my first item for about 10 days (with good results), I received an intellectual property claim.

This was made by a suspicious hotmail email address.
The complaint was about a design patent number registered in the UK by a large German company which registered the same type of item but definitely different from ours.

We’re doing private label, we manufacture our products in China and we researched that the item we sell is not covered by copyright, patents etc.

We wrote to the claimant, as per Amazon suggestion, asking to retract the claim. They haven’t replied, we wrote again after 48 hours, they haven’t replied again.
We appealed the listing deactivation in the Account Performance tab, attaching the emails we sent to the claimant. A few hours later, Amazon reactivated our listing.

We kept selling for another week, still with good results, but today we got the same email address making the same claim (copy and paste of the previous one).
We appealed again with Amazon (still sending the emails we sent to the claimant).
The claimant hasn’t replied of course, Amazon instead replied that we need to provide further documents.

These documents are:

  • 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.
  • 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 don’t have any of those, since we’re the manufacturer of the product and we do private label.

  • 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.

The claimant is not replying so we can’t do anything about the above.

We suspect that the claim is coming from one of our competitors, not happy with the results a new seller is having.
The reasons why we suspect this are that the email address is a strange hotmail address (quite strange for a large German company - who has the patent for the similar product) and that nobody is replying to the emails we sent them (the claim is also written in very poor English).

Just to clarify, the German company’s patent clearly doesn’t apply to our product. However there are other sellers selling on Amazon the same exact product which is covered by the German company’s patent.

We do believe this is a false claim so we have now reported this fraud to the UK National Fraud & Cyber Crime Reporting Centre.

We’re only receiving pre-made replies from Amazon, nobody is actually reading our appeal.

It is incredible that anyone with an email address can cause a listing to be deactivated without having to demonstrate to Amazon the reasons for the claim. And Amazon doesn’t even read the claim, just deactivates the listing.

If anyone has any kind of suggestion, it would be much appreciated as this is causing us loss of sales and some headaches.

Thanks in advance for your time and attention.

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38 replies
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38 replies
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Seller_7VbclcPFFRTnc

Coloured sensory toys ?!

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user profile
Seller_RWuUC38sCSGXc

Yes, We have experienced the same… and yes AMAZON lacks in it in a HUGE WAY. Waiting for the day when they get SUED real bad by some one. This is utter non sense at amazon’s part . we experienced the same and we get the solution out after working with the claimant… No other way around figured out yet… But this is very very irresponsible behavior at amazon’s part…

I am saying these words… Because we recently experienced the same… But other niche and product. So I can understand what you are referring to. The claim was malicious intent … and with totally wrong basis… even the patent number given in claim was wrong :smiley: amazon didn’t even bothered to check that and took the listing down… What else can you expect … NIGHTMARE IN A NIGHTMARE

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user profile
Seller_d56glpPpV6Mxw

Agree with all of the above , Amazon doesn’t do any due diligence checks, we have been banging our head against the wall for almost one year with pretty much similar issue as mentioned by @Benz.
Let me enlighten you with little bit of our issue , Fake patent complain files against us as patent is expired and not enforceable in UK anymore in fact it is expired about 7 years ago , but still enforceable in US. We were selling in US when we first got the complaint but we left US after speaking to rights owner and agreed with them that we are going in UK and all was well , since we launched in UK about 1 year ago after 6 months we got patent infringement from amazon with details of expired patent and fake email address made in the name of rights owner who is based in US and clearly as we dealt with rights owner by ourselves in US we knew its not their email address still we speak with them and they said they haven’t made any complains we submitted all the required documents to amazon and listing got reinstated.
We thought ok its done but here is the fun part we keep receiving that infringement as soon as we get reinstated and we appeal to amazon and we were back this happened to us about 5 times with same email address and then email address got changed and we have been reported twice to amazon again.
On all these occasions we have been saying to amazon to look into this but no luck , spoke to seller support open different cases no success at all.
Its really bizarre to know that someone can get away with this as most probably they are using their seller central account to file an infringement and Amazon is not taking any action against the false claimant instead we are suffering.
Shocking and eye opening experience and no way to resolve !!!

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user profile
Seller_3o7PRJvsx4Fxq

That is exactly what many Chinese sellers on Amazon do! I work at a company where many products are launched each month. Some have to face this challenge and there is not much that we do other than leave selling those products. How did you manage this!? Report to UK action fraud? How can we do so, also?
We see this a lot, the design right is of some random person, but some other random person claims it to be theirs on Amazon and gets our listing shut down, for NO REASON!
Just competition, haha

Can you guide me too? Or Msg me personally? so that we can talk, i can’t seem the option to message you

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user profile
Seller_rZax50qrWcaoG

White label & we manufacture?

A bought in item from China so the chances are it will infringe copyright or a patent somewhere, even if you do resolve the issue with this particular complainant. Also, you are new to Amazon yet you say you manufacture the item, I find this doubtful… unless you buy the item by the container load there is no chance you have sole rights to it, or indeed any rights to it. As for white label, this is open for anyone to purchase and rebrand… then claim rights to it. You then have to prove those rights if questioned or a complaint is received, which is impossible.

If purchased via Alibaba then there is also a strong chance you will fall foul of Amazons invoice check, which could close your account.

Lastly, are you brand registered with Amazon? If not there is little to no chance you will ever defend any rights you think you may have with any listing.

How do you know the product sold by the German company hasn’t been licensed to these sellers? And how do you know the Patent doesn’t cover you product in the “Claims”…

Good luck with fighting this German company; I recently had a similar issue, regarding a trademark. Knowing the costs involved I fought the case myself, they used a trademark lawyer, I won… and it cost them a fortune.

Good luck if you decide to step on their toes.

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user profile
Seller_KZhPnqSRrvTv0

It’ll be a competitor.

Unfortunately Amazon come at it from the point of view that you’re guilty until/unless you can prove your not, even if proving it can be impossible at times. Welcome to Amazon!

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user profile
Seller_u1AdBEcsHujAa

Hello Cornicello1,

Thank you for reaching out to the Seller Forum.

As you have rightly identified the selling account is in violation of the Intellectual Property rights policy of Amazon.

I see that the issue has been resolved.

However, here are some recommendations for you so that you can avoid such issues in future.

Please review Amazon’s Intellectual Property Policy:

https://sellercentral-europe.amazon.com/gp/help/help.html?itemID=G201361070&language=en_GB&ref=ag_G201361070_cont_521

I hope the provided information was helpful.

Feel free to reach out for further help.

Happy Selling.

Warmly,

Kavi

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Seller_ux6O5g2JKFxiT

It is worthwhile getting your solicitor to write to Amazon at their head office. I am sure they will respond to a more formal approach. This lack of assistance from Amazon in dealing with what is obviously malicious action is a failure to take due care and irresponsible to the member who has been falsely accused.

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user profile
Seller_14UxqtzKN4jax

Here we are again, after less than 2 months from my original post.
The same fake email address made the same copyright violation claim, this time didn’t even bother to write a message/reason to Amazon.

That was enough for Amazon to deactivate my listing again (3rd time now).
They ask for a LOA or LA or an invoice from the rights owner to reactivate it but as explained I can’t provide those because I’m the manufacturer and rights holder.

Otherwise, they ask for a retraction from the rights owner. I contacted the claimant but obviously they don’t reply because it’s a fake account claiming a copyright violation for a different item from the one I sell.

The previous 2 times this happened Amazon reactivated my listings but now they don’t seem to be willing on doing it. Contacted Seller Support, same.

Anyone with better ideas? Did this happen to anyone?

As I previously said, I find unbelievable that anyone can file a fake copyright claim against any item sold on Amazon without providing any proof and Amazon immediately deactivates the listing.

How do you sort this out when you’re a FBA private seller and manufacturer of the item with your own brand?

It’s been two months already since we reported this email address to the National Cyber Fraud Report Centre in the UK for further investigation. They’re impersonating a German company who has a patent for an item (not the same as the one I sell) through a fake email address.

Thanks for reading, it is quite concerning and I believe this inconvenience may happen to anyone selling on Amazon and playing by Amazon rules.

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Seller_RGdfxQcAEVTFg

I went through this a few months back, it was a perfectly timed attack by a competitor to keep me off over Christmas. The irony is, I actually own the copyright for my product which I sent to Amazon and which of course they ignored. It took 3 months to resolve and I had to take legal action against the seller who made the claim, forcing them to contact Amazon and retract it. The competitor is still selling on Amazon and, as far as I can see, has gone unpunished.

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