Amazon Intellectual Property Complaints – Submitting a Proper POA for a 72 Hour Notice Suspension
72-hour notices for intellectual property complaints & how we resolve these for Amazon Sellers.
A client received a 72-hour IP complaint performance notification. The complaints were trademark and counterfeit. The performance notification said to reach out to the rights owner and provide a plan of action within 72 hours.
Reach out to the rights owners and try and get a retraction. It always helps. Draft a strong notice-dispute appeal. Invoices help because notice-dispute always requests proof of authenticity. Consider drafting a POA to notice-dispute simultaneously with getting retractions.
Rights owners don’t always respond within 72-hours. Provide a plan for the notice-dispute team that shows Amazon, “Look, we reached out. They either responded or haven’t responded yet. We’re still working on getting it resolved, but here’s a plan of action. Here’s proof of authenticity. We have invoices, we’re selling genuine products.”
Treat it almost like an inauthentic counter-notice. I think showing that you reached out helps strengthen the notice-dispute appeal. It just shows Amazon you’re taking action.
I suggest you reach out to the rights owner asap. If you don’t get a response, check the USPTO and see if they actually are the rights owner.
If it is a spoof email, that only helps our client because then we can provide that to Amazon and say, “Hey, is this really a real rights owner? Now it seems like our account is going to suffer because we have this complaint and we have an email to reach out to the rights owner, but now it’s a fake email.”
If the email gets kicked back, take a screenshot. You can even put that in the plan of action. In the plan of action last week, I took the pictures, the screenshots, and stuck them right into the plan of action, and as attachments. We’ve seen many times where a client has sent in invoices attached or a retraction attached and Amazon requests the information over and over again. It’s as if they read your plan but they don’t actually look at the attachments, so it’s always great to put it right in the plan, so that way they can’t miss it.
From the arbitrations, we’ve learned about quotas at Amazon. We don’t know what the quotas are, but these people in India have quotas at how many plans of action they have to get through. So I think to stick it right in there, whether it’s a 72-hour one or another one.
Some of our clients have a lot of invoices. Sometimes it’s just too much. We often summarize and just put the retraction right in the plan of action.
We are very adept and fast at doing this. In fact, with many, many brands, we already have a connection with their brand managers and their legal departments. So we can absolutely handle it, but it doesn’t have to be handled by us. Try and get retractions while simultaneously preparing as if it’s inauthentic, and send it to notice-dispute to show these are genuine products. If the email gets rejected, take a screenshot to show the complainant, it’s a spoof email address, and check uspto.gov to find out who is the actual rights owner.
If you’ve been suspended on Amazon and have a 72 hour notice suspension, call for a free consultation: 1-877-9-SELLER.
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