AMAZON SELLERS LAWYER SUCCESS: Trademark Complaint Removed from ASIN & Restoration of Amazon Seller Account Health
Today, we worked on an appeal to the Amazon Notice-Dispute team in which we discussed a trademark complaint that was filed by a complainant who sold ear care products. In this case, our client was selling a generic brand, while the complainant owned the trademark.
We reached out to the complainant on behalf of our client. The complainant did not want to cooperate with us, so we then reached out to Amazon. Luckily, the supplier provided detailed invoices to sellers, so our client had invoices to account for the quantities that they sold.
The Lanham Act is the federal trademark statute of law in the United States which prohibits certain activities including trademark infringement, trademark dilution and false advertising. Under both the First Amendment and the Lanham Act, it may be permissible to use or reference another’s trademark if it is being used for non-commercial purposes.
Intellectual Property can be broken down into 3 categories:
1- A trademark is the protection of a name, symbol, or design which is used to identify source goods or services. A subpart of trademark is trade dress, which is the “overall appearance and image in the marketplace of a product or commercial enterprise. For a product, trade dress typically comprises packaging and labeling. For an enterprise, it typically comprises design and decor.”
2- Copyright law protects works of authorship, such as novels, poems, or musical composition.
3- Patents provide the protection of ideas such as inventions or technological processes.
If you have to go to the Amazon Notice-Dispute team, it is good to be able to show proof of authenticity if the complainant is uncooperative. Fortunately, Amazon was able to remove the intellectual property complaint from our client’s ASIN and restore their account health. Their account is now in better standing.
For help getting a trademark complaint removed, contact us:
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