Policy Warning - IP Infringement

Hi there

I wonder if anyone could offer some advice.

We received 3 IP warnings last week from one company for 3 products which we sell that all used the same pattern material to make them. A rights holder complained that they infringed upon their Trademark pattern and looking at the pattern that they have Trademarked, it is going to be difficult to argue the case with the rights holder and there would be a great deal of cost involved in attempting to do so.

We didn’t make any suggestion in our listing that the items were their brand, our products are not products that they make or sell and we didn’t realise that the pattern on our products could infringe upon any Trademark. Obviously this is entirely our fault as we should have checked the Trademark database more carefully to ensure that none of the patterns that we sell could be in any way similar to any that are Trademarked, as difficult as that is with patterns.

We have deleted the products and listings, removed all inventory from FBA and checked through our account to ensure that there aren’t any other items that could infringe.

Fortunately, we haven’t been suspended and the emails that came with the Policy Warning didn’t threaten suspension for future transgressions (which is unusual as this is usually mentioned on any warnings received).

I’m not sure what, if anything, we need to do next aside from ensuring that we don’t infringe going forward.

In our account health, it shows these 3 IP Complaints and the ASINs are listed along with a ‘next action’ button to appeal. We don’t really want to appeal as we will just destroy the stock and not sell them again. I have clicked the appeal button to see what the next screen brings. The next screen is titled ‘Reactivate your Listing’ and wants us to send documents and write some information in the text box. As we don’t want to reinstate the listings, I’m not sure that we should be filing an appeal but it does say underneath the box, ‘You will be asked to provide an explanation and supporting evidence or documentation. If you wish to acknowledge the issue instead, please complete the form above.’

I’m a little confused what to do here. On the one hand I think that perhaps we ought to acknowledge the issue but on the otherhand, I don’t want to be completing a form that is asking to reinstate a listing that we no longer intend to sell.

Any advice would be welcome as to the best way forward. We will ensure that this doesn’t happen again so maybe it is just best left, I really don’t know as Amazon haven’t really asked us to do anything.

Thanks in advance for any help offered.