AMAZON SELLERS LAWYER SUCCESS: Recently, we had a case where a client received a private label trademark complaint. In this case, a private label seller (our client’s competitor) owned a trademark and had our client’s listing suspended.
A trademark is “any word, name, symbol, design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.”
Trademarks are governed by the Lanham Act, which outlines the procedures for federally registering trademarks and states when owners of said trademarks may be entitled to federal judicial protection against trade infringement, as well as sets other guidelines and remedies for trademark owners. It is easier for a seller to enforce their rights if they have an approved trademark.
We wasted no time and reached out to the complainant.
We requested that they retract the complaint filed with Amazon. We had reason to believe that the complaint was filed in bad faith because our client did not receive a single order for this ASIN nor had they sourced the inventory.
We shared this information with the complainant and explained that our client had merely joined the listing to test the demand for the product. We further informed them that our client had not infringed on their trademark.
The complainant did not respond, so we had to take our case to Notice-Dispute and the Bezos escalation team; but both were unresponsive.
Finally, we contacted seller support and explained that we had tried to contact the complainant and the other escalation teams to no avail. We informed them that our client had agreed to delete the listing for their account and would no longer sell that particular product.
Private Label Trademark Complaint Resolved
Fortunately for us, seller support worked with us and the complaint was removed from our client’s account. It’s now once again in good standing.