Whether it be Copyright, Trademark, Patent or Counterfeit, we see Intellectual Property Complaints filed on Amazon everyday. These complaints can take down your top selling ASIN or even your account with just one complaint. So knowing how to quickly address and resolve these complaints is a must.
Obtaining A Retraction of the Complaint
The first thing you want to do with any received Intellectual Property Complaint, is try to resolve the issue. This means reaching out to the complainant and trying to obtain a retraction of the complaint filed against you. Obtaining a retraction of the complaint will expedite the reinstatement of the ASIN or Account versus trying to appeal without. Amazon has taken a step back in this process and is looking for resolution between the two parties. So whether the complaint is valid or baseless your first step should alway be to reach out to the complainant.
The Three Possible Outcomes
In our experience when reaching out to a complainant typically one of three things will occur. First, they never respond to our communications. Second, they respond but are not willing to retract the complaint(s). Third, they respond and we are able to negotiate a retraction. While a retraction of the Intellectual property complaint is clearly the outcome any seller would want to see, each outcome has its own merits. Each of these outcomes serves a purpose when it comes to appealing the matter with Amazon.
Appealing the Complaint with Amazon
Regardless of a successful retraction or not, an appeal is likely your next step after addressing the matter with the complainant. Depending upon account history and prior issues even with a retraction of the complaint, Amazon may still request a Plan of Action.
If you are unable to obtain a retraction of the complaint and you believe the complaint to be baseless then you will need to appeal this with Amazon. If the complainant is non responsive, follow up, create a timeline. This is evidence you can present to Amazon in your appeal that the Intellectual Property Complaint is baseless. This also shows you have tried on multiple occasions to resolve the dispute, yet they remain unresponsive.
If the complainant responds and is unwilling to retract the complaint for reasons such as MAP or not being an authorized reseller, this too can be used in your appeal. As Amazon does not enforce such agreements. Should a complainant use this as the base for any complaint against you, Amazon should remove this compliant.
Dealing with a Valid Complaint
I think it goes without saying if the complaint is valid you need to do what you can to ensure you are no longer infringing on the owners rights. I have found that with valid complaints the rights owner is sometimes willing to negotiate a sell off agreement. In return for the seller agreeing to no longer sell their product on Amazon or similar sites. So if you find yourself with a significant amount of stock and receive a valid complaint, seeking a sell off agreement may be your best option.
If you found this article helpful, be sure to check out our article on Trademark Infringement complaints.
As Always, It Never Hurts To Ask For Help
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