Wrongfully Accused of Patent Violation – Need Help!
Hello @Sandy_Amazon and @Bryce_Amazon and @Dougal_Amazon
I have received a violation for a patent infringement.
• Patent Violation (Complaint ID: 17476857501) – Received on March 25. I immediately deleted the listing and appealed, but my appeal was denied. I don't believe my appeal was thoroughly reviewed.
I am being accused by a brand I never listed or sold. The complaint was filed by a different brand than the one I listed under. If you review the ASIN, you will see the mismatch. You will also see that the brand that accused me of this violation sells items that are significantly different than the type of product I listed, which makes it impossible for me to violate a patent. In addition I made ZERO sales on the ASIN, thus no profit from the item in question.
I strongly believe I have not violated any patent. I would appreciate any help in reviewing my appeal.
Please let me know how I can get you further information, such as the ASIN or the brand names associated with this claim.
My goal is not to re-list the ASIN, I just fear the unjust violation will result in the deactivation of my small account.
Thank you in advance for your consideration in taking a closer look at this issue.
0 replies
Emet_Amazon
Hello @Seller_t6qDKnTCptafk,
Thank you for posting your concerns with your intellectual property complaint.
I appreciate you sharing your experience with this complaint. I have taken a look over the situation and see some conflicting information surrounding the complaint itself. although I have very limited information and visibility. I am reaching out to the appropriate teams to obtain some additional clarification.
So you, and anyone reviewing this post are aware, if you list an item in your manage inventory. This implies an intent to sell the product, thus substituent violations for intellectual property can occur for potentially misusing or using without permission from the rights or brand owner. You do no have to sell a product to infringe upon a protected property.
Surrounding this listing, I was able to obtain confirmation this was listed in the manage inventory, making the listing susceptible to the infringement complaint from the rights owner, if anything was used without permission.
I strongly believe I have not violated any patent. I would appreciate any help in reviewing my appeal.
Please let me know how I can get you further information, such as the ASIN or the brand names associated with this claim.
At this time I should have enough information to follow up with our teams an obtain some additional details. Once I am able to obtain a bit more information I will reach back out here to keep you informed and advise on any next steps or required actions.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
Emet_Amazon
Hello @Seller_t6qDKnTCptafk,
Thank you for following up on the situation.
I had reached back out for an update on the situation. Our teams have advised that they have a very specific request. At this time, we will ask that you submit a valid invoices for the ASIN ending in "94QW", if available a letter of authorization from the brand or rights owner. Both documents should meet our requirements to be accepted.
Although these were recently provided and accepted, our teams may not have visibility into them, our review teams do not share much information surrounding their processes. I personally ask that once you submit these documents through your account, you follow up here so I am aware. This will allow me to keep our teams informed and to prompt the review of their requested information.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
Emet_Amazon
Hello @Seller_t6qDKnTCptafk,
Thank you for following up.
This is exactly where you need to provide your documentation, it may be auto-resolved but this is why I requested that you follow up here once completed. This way I can work with the appropriate teams on reviewing your documentation. This is a rather unique situation and requires a bit of side stepping to ensure everything is being reviewed.
As mentioned, our teams may not have visibility into your prior submission. This is why they prompted the request for documents to be resubmitted. Once they are in possession of these documents they can conduct their necessary review and provide further guidance or what next steps are available. I do again ask, once you've completed the submission, follow up here and once again tag me and let me know they have been provided.
I will at that point continue working with our teams to review the situation further and communicate any follow up information. The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
Emet_Amazon
Hello @Seller_t6qDKnTCptafk,
I wanted to reach out with a little more information.
I had received a very recent update that the provided information was initially rejected. As this was a possible outcome, I have been monitoring the situation and have since involved the appropriate teams to review the situation holistically. I have also requested they share any necessary requirements should they have any additional required information. Once I hear back from this team on the situation, I will follow up here to keep you informed on their progress.
Emet.
Emet_Amazon
Hello @Seller_t6qDKnTCptafk,
I appreciate you following up on this.
I have been monitoring the situation, I actually had reached out to this team for a follow up and was advised the review was still pending completion. They also did not provide any additional information surrounding the delay. As mentioned, I have been monitoring this and will continue to do so until I receive an update or resolution from them. Once I receive any information, I will reach back out.
Emet.
