False Trade Mark Infringement complaint
Hello,
After back and forth emails to seller support team. I’m really tired and hope to get some help from fellow sellers :-).
I received below email from amazon:
" We are contacting you because we received a report of trademark infringement on the product detail page associated with one or more of your listings. Sellers on Amazon.co.uk are not allowed to use trademarked terms in a way that might lead their product to be confused with a different trademarked product.
Please modify your product and product detail page to ensure they do not infringe on the trademark of the rights owner listed below. Once this is done, email us at notice-dispute@amazon.co.uk."
Upon investigating the complainant Trademark quoted by amazon : UK00917961956. is for word mark “DIMPL” under toys category.
The toy we are selling : Simple dimple fidget toy (tested by SGS UK to be compliant with toy safety regulations). Simple Dimple is a descriptive name and there is category itself in the amazon.
We have not used the word “DIMPL” anywhere in the listing (title, bullet points, description and keywords) that infringes the Trademark and we disagree with the complaint.
I believe, the complainant trying to stop anyone selling Simple Dimple by falsely quoting the Trademark for “DIMPL”. It is like someone trademark : REMO and send infringement notice to some one using the word REMOTE because there is REMO in REMOTE!!
From the responses from the team, I dont think they understand this issue and I get repeated standard response
“We received your submission but do not have enough information to reactivate your listing at this time.”
I hope amazon provide better support and actually some read through what responses we are sending rather than replying as bots.
I would highly appreciate if any of you share your experience and shed some light to deal with this.
I am really concerned with what impact it will have on my account and how to get rid off the policy compliance notices.
Thanks for your help.
Orion Ebiz ltd
3 replies
Seller_wepvfE52gpca7
Another standard response from amazon account health team
" Hello,
Thank you for submitting information to reactivate your listing. We reviewed your appeal and determined that 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) 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 to indicate that your products are original and are not duplicates or copies thereby infringing on 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.
Has your listing been deactivated in error?
If you believe there has been an error, please tell us why. Your explanation should include how your listing(s) have not violated the brand’s intellectual property along with documents mentioned above to support authenticity."
Did they understand why I need approval/LOA in first place when I have not infringed the IP??
It is easy to falsely claim infringement and get away. Amazon account health team made more difficult for genuine sellers!!
Ash_AMZ
Hello @Orion-ebiz_UK ,
This is Ash from Amazon and would help you with your questions.
I understand that you have concerns on the intellectual property complaints which received from the right owner.
Amazon does not allow listings that violate the intellectual property rights of brands or other rights owners.
How did you list your items ?
Did you create new listings, or mapped to the currently available items ?
Did you use any brand names or trade marks without pre approval ?
I understand that you have used word “Dimple” in the titles, product descriptions, and on packaging which is very similar to the brand “Dimpl”. This confuses the consumers which search for the authentic Dimpl product.
To reactivate your listing, you can delete the listing, or you can make necessary changes by removing the brand names, or trade marks which is infringing the other brands.
Important: You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others.
Regards,
Ash.
