What is Intellectual Property?
Intellectual Property is considered to be one of the most problematic and time-intensive complaints. And if you want everything done by the book, you should be aware of some issues which can arise when you are operating on Amazon. Unlike other types of violations, in this case, you have to cooperate with a lawyer.
In its turn, Intellectual Property consists of some points such as Copyright Claims, Trademark infringement, listing infringement, and Patent violation. Also, you have to check recommendations, which are regularly sent by Amazon.
Let’s dive deep and examine each of the above-mentioned cases individually:
Copyright violation usually comes when you use somebody’s images or verbiage. There are three main types of copyright violation: direct, contributory, vicarious.
Digital Millennium Copyright Act
Digital Millennium Copyright Act was issued in 1998 to solve the controversial questions of copyright liability in e-commerce.
The Online Copyright Infringement Liability Limitation Act
OCILLA is a law which is addressed to protect internet service providers from liability for monetary and contributory infringement. Not only Amazon but also such e-commerce companies like Alibaba and eBay are considered ISPs.
Any word, name, design, or symbol, which can be used to distinguish one brand’s product from another, is considered to be a trademark. Trademark is governed by the Lanham Act, which regulates unfair competition and the procedure of trademark registering.
Trade Dress is the overall appearance of the product in your listing. Usually, it comprises packaging and labeling, including such features as color, size, and shape. Trade Dress can be protected by trademark law.
The main idea of Patent is to protect such ideas as inventions and technological processes. If you come across with such kind of issues, it is better to work with someone who has legal experience. Other vises it may cause really serious problems for your business.
Of course, it is better to do your best in avoiding IP infringement, but if you still received the notification about IP violation, here is some information which can guide you during this period.
As we have mentioned before, IP allegation has some differences in comparison to other complaints. It is not just a complaint from the buyer; it is considered to be a legal issue, which can amount to a potential lawsuit. So do not jump the gun, and avoid cooperating with somebody who is not a lawyer.
As a rule, any IP infringement results in your Amazon account suspension. Amazon is not liable when you are selling fake problematic products, but in order to avoid any issues, Amazon prefers to kick you off from its platform. Now, when the ball is in your court, you have to prove that you did not infringe on any rights.
First of all, you should reach out to the complainant and asked them to withdraw their baseless complainant. Because, as practice shows, the main part of the allegation is groundless.
That’s why you need a layer of help to show the company that you are selling 100 percent authentic products. In most cases, the brand will refuse to withdraw its complaint in the interest of competition. So, do everything to prove that the infringement is baseless. Once you solve the problem with the complainant, get the complaining party statement to Amazon. Attach all these documents to your POA, when you appeal to Amazon.
Try to show Amazon that you have followed all their policies, and the allegation of infringement is entirely baseless.
As you can see, IP complaint suspension is one of the most difficult and problematic cases. And of course, it is better to avoid it in the early stages. Go to Amazon University and study all the policies and watch videos, try to be a good seller for Amazon.
Our Got Suspended team is open to help you 24/7. All the members of our company are certified professionals, who can guide you not only in IP complaint, but also in other cases.