Accused of Selling Counterfeit Products? Learn your rights against brands that made baseless counterfeit complaints against you.
Our managing attorney, Travis Stockman Esq. and one of our top paralegals, Dana Rodriguez talk with CJ Rosenbaum.
If you were falsely accused of selling counterfeit products by a brand or a competitor, you may have a valid claim for significant money damages under the legal theories of “defamation” and/or “tortious interference with contract.”
When brands falsely accuse sellers of selling counterfeit products, the sellers have rights. A suspended Amazon seller may be entitled to significant damages for lost sales, a decrease in the value of their account and/or other damages.
Intellectual Property Complaints on Amazon
There are several types of intellectual property complaints you can receive as a seller on Amazon including trademark complaints, patent complaints, copyright complaints. Counterfeit specifically falls under the category of trademark complaints because ultimately if you are selling something that is not a genuine product, that goes towards the reputation of the brand itself.
2 types of patents sellers need to know: Design & Utility patents.
Design patents are essentially how a product looks in the exterior. Utility patents are how a product functions. A majority of Amazon sellers are mostly concerned with design patents.
Unfortunately, Amazon leaves too much power in the hands of the complainant. Realistically what Amazon wants you to do is take a step back. Amazon wants the client to resolve it with the complainant directly. This gives a lot of power to the complainant because ultimately it’s up to them to retract the complaint. This can cause the seller significant damages.
Brands Abuse Amazon’s Intellectual Property Complaint System
Many brands file false counterfeit complaints against Amazon sellers. Brands’ counterfeit complaints are often baseless. Our experience dictates that brands assert false counterfeit complaints against Amazon sellers to try and regain market share, control pricing, and the impact is higher prices for consumers.
False counterfeit complaints asserted against Amazon sellers often result in the suspension of the seller’s account or the loss of important Amazon listings.