Resolving IP complaints for items you neither sourced nor sold:
We had a client come to us for help with an intellectual property complaint. Upon review of the seller’s account, we noticed that the account was suspended for listing items they had neither sourced nor sold.
What do you do when you receive an IP complaint despite never sourcing or processing a sale?
In cases where there are intellectual property complaints on an account where the seller has not sold the items, sometimes the best thing to do is back off because there is no brand authorization from the rights owner, or proof of authenticity in the form of invoices.
A seller should reach out to the complainant for a retraction. In the appeal, the seller should let the complainant know that they are willing to cooperate and state that they are just trying to get the complaint off their account health. This shows the complainant that the seller truly wants to avoid any further action and resolve the issue.
It was clear that there was no basis for the complaints filed. As a result of our first appeal on our client’s behalf, Amazon reinstated the suspended ASINs and our client is once again back to selling.
It is best to retain a law firm to assist you with this process. At Rosenbaum Famularo, PC, we consult with sellers, review their accounts and reach out to complainants as your attorneys. Every case is conferenced; our sellers get the benefit of a collaborative team approach.
If your accounts become suspended for counterfeit sales, contact an Amazon lawyer to help you put together a plan of action. Only lawyers are professionally qualified to defend you in a counterfeit case, Amazon suspension, or Amazon lawsuit.
For more information on resolving IP complaints, contact us for a free consultation:
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