Patent infringement action plan - need Help -
Hello team,
One of my listings recently got removed due to patent infringement. It was surprising for me because I was not aware of any patent that I would be violating selling my product. Specially that the market has many other sellers selling similar products with different branding and packaging. My product is Generic product provided by a trusted supplier who provides product for multiple other sellers. After I received the Complain I proceeded as below :
1- Tried to contact Seller Central account health support team directly to understand the issue : but it was not possible got only automatic replies .
2- I sent an email to seller central support by explaining the situation and attaching the "Trade Assurance Purchase Contract" provided by my supplier .
After this second action I got an answer from the support team asking to provide one of the below documents :
-- A retraction from the rights owner to be sent to Amazon directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
-- An invoice directly from rights owner to indicate that your products are original and are purchased from the rights owner directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
-- A court order, temporary restraining order, injunction or affidavit, or letter of non-infringement from legal counsel
Until now, I am unable to understand exactly the situation and how my product is violating FBA's IP policy, I tried to check on the online sellers forum and video youtube but i couldn't find any situation that might suit my own case and I want to understand first the problem in order to set up a new action plan that may be efficient and why doesn't Amazon accept "Trade Assurance Purchase Contract" that I sent .
Note that I didn't contact the claimer yet because I am still trying to figure out what is on my product that violated the claimer's listing.
if sharing any further details regrading the product such us ASIN, that would help you to support me on this case I would more that happy to provide with it .
Patent infringement action plan - need Help -
Hello team,
One of my listings recently got removed due to patent infringement. It was surprising for me because I was not aware of any patent that I would be violating selling my product. Specially that the market has many other sellers selling similar products with different branding and packaging. My product is Generic product provided by a trusted supplier who provides product for multiple other sellers. After I received the Complain I proceeded as below :
1- Tried to contact Seller Central account health support team directly to understand the issue : but it was not possible got only automatic replies .
2- I sent an email to seller central support by explaining the situation and attaching the "Trade Assurance Purchase Contract" provided by my supplier .
After this second action I got an answer from the support team asking to provide one of the below documents :
-- A retraction from the rights owner to be sent to Amazon directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
-- An invoice directly from rights owner to indicate that your products are original and are purchased from the rights owner directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
-- A court order, temporary restraining order, injunction or affidavit, or letter of non-infringement from legal counsel
Until now, I am unable to understand exactly the situation and how my product is violating FBA's IP policy, I tried to check on the online sellers forum and video youtube but i couldn't find any situation that might suit my own case and I want to understand first the problem in order to set up a new action plan that may be efficient and why doesn't Amazon accept "Trade Assurance Purchase Contract" that I sent .
Note that I didn't contact the claimer yet because I am still trying to figure out what is on my product that violated the claimer's listing.
if sharing any further details regrading the product such us ASIN, that would help you to support me on this case I would more that happy to provide with it .
7 respuestas
Seller_rI7BZIczK8iAC
Your product is not violating some "FBA" policy but a patent.
What is this? In any way it has nothing to do with the present issue.
Contact a IP and patent attorney, he will verify if your product is infringing on the IP right of the plaintiff.
In any way, Amazon will not act by itself and on your request, unless you send one of the three proves mentionned.
Yokie_Amazon
Hi @Seller_L08lShfm5Zu1Y,
I understand you have questions about listings being removed due to patent infringement. Let’s work together in finding the solution.
As @Seller_rI7BZIczK8iACmentioned your product is not violating some "FBA" policy but a patent.
After reading your post, it looks like the Right's owner is stating you are sourcing your product from a unreliable manufacturer who recreated their patent without authorization.
- Do you have approval to list/sell the product in question?
- How do you ensure that your distributors/manufacturers are authorized to produce the products you source?
After this second action I got an answer from the support team asking to provide one of the below documents :
-- A retraction from the rights owner to be sent to Amazon directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
-- An invoice directly from rights owner to indicate that your products are original and are purchased from the rights owner directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
-- A court order, temporary restraining order, injunction or affidavit, or letter of non-infringement from legal counsel
After reading the post we are requesting you to provide one of the requested documents:
Do you have any of the documents that are being requested?
What supporting documents do you have to submit?
Contacting the Right's owner will provide some clarity on the patent issue. Also requesting a retraction from the Right's owner will help address the violation.
Here is some helpful informationIntellectual Property Policy for Sellers and Understand and avoid patent policy violations to help get a better understanding on Amazon's Patent Policy.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Best regards,
