We received a report from a rights owner that you are listing counterfeit products
I have received a policy warning and my detail page has been removed for a product I sell. It seems like a phrase in the title of my product has just recently been trademarked, and the rights owner then made a complaint that my products are counterfeit. Can someone really just trademark any phrase of words and If you have those words in your title get your listing removed? I am not sure what to do about this, any advice?
We received a report from a rights owner that you are listing counterfeit products
I have received a policy warning and my detail page has been removed for a product I sell. It seems like a phrase in the title of my product has just recently been trademarked, and the rights owner then made a complaint that my products are counterfeit. Can someone really just trademark any phrase of words and If you have those words in your title get your listing removed? I am not sure what to do about this, any advice?
28 Antworten
Seller_3N7yVnTXPzLkL
Depends on the type of product whether than trademark applies to, and whether your product is within that category,
But Amazon’s Suspected Intellectual Property Bots removed a book I listed by Victor Hugo for infringing the Hugo Boss trademark, so you are not facing a simple to fix problem.
Seller_sUfyk7ajzPzny
Yes, that is indeed a possibility.
There’s a reason why the USPTO’s attempt to cull the chaff from the wheat, by requiring the use of a U.S.-domiciled Member At The Bar in a policy change some years back, has failed of its initial promise.
A fairly-unassailable argument might be made that Amazon’s unprecedented success in the Retail Industry was a determinative factor in that policy change; certainly, there’s a reason why the USPTO reports so many attempt to trademark “Generic”…
Atlas_Amazon
Hello @Seller-9034
Atlas from Amazon here! I see you have received a counterfeit complaint.
With counterfeit complaints, it is not as simple as removing the trademark from the listing. This type of policy violation does require either a retraction from the rights owner or an authorization document. Authorization documents include:
- Letter of Authorization
- Licensing Agreement
- Invoice
If you are unable to acquire a retraction or provide one of the above documents, then you will likely need to do a plan of action. This should include:
Root Cause
- Given your situation, you would want to provide the information regarding how this specific trademark was not protected when you first listed it.
Corrective Measures
- If removing the trademark is a step you can take, then I would do so and then be sure to include this step in this section.
- Any other steps taken already to correct this situation should be included here.
- If you do attempt to contact the rights owner, be sure to include evidence of this.
Preventative Steps
- This section should very much explain how you are going to ensure that you have the proper documentation and authorization for every product that is going to be sold.
- If there are any kind of new processes going into place, be sure to be specific about what this will look like.
I have included some resources below for you to refer to while you working on this violation.
Intellectual Property Policy for Sellers
Intellectual Property Policy for Sellers - FAQ about Trademarks
Respond to an intellectual property (IP) policy violation - Seller University Video
Create an Effective Plan of Action - Seller University Video
If you have any additional questions or updates to share, please refer back here so we may continue to assist!
Your friend,
Atlas
Seller_eIVAS5Nh59LAl
After listening to grandpa and getting to the west, a wise man said “if it makes money put a trademark on it”. They are legally able to make decisions now. I would guess the best option is a collaboration or probably find another competitive advantage and do the same for yourself.
Seller_KbMARjbBRWVj6
No, it’s not that simple. You have many options, while the simplest being removing those words from your product. If you can prove you used such verbiage prior to the USPTO approving, you have a case. The issue isn’t so much USPTO, it’s Amazon in this case. Proving to Amazon that you are able to use such verbiage, despite the IP claim, is something I’ve never had to deal. I assume the difficulty being getting in touch with the correct dept. I’d assume Amazon Legal would be it though.
As @Atlas_Amazon said, you will still have to go through the POA and be very succinct. This is to be done after you have clear legal standing, or understanding, on the use, or removal, of the TMed phrase.
Use goes a long way in TM. If you can argue, or pay for someone to argue on your behalf, you/they can make a decent case that the phrase is commonly used, descriptive, etc.
Without knowing what that specific verbiage is, it’s difficult to make an educated guess on the potential options/outcomes.
My 2 cents without any experience:
- Get in contact with USPTO, figure out if the use is valid despite history of use. Lawyer might be needed
- Figure out if you can or cannot use the phrase
- Once figured out, take action by removing or keeping verbiage. If able to use, contact Amazon Legal and get their okay in writing
- Change or Keep title in listing, and submit POA with all details concerning the process above etc.
Seller_Tbny0fDxQrHxH
Like Lake says, the bots don’t care. I had a sign with a boy’s name on it, MASON, removed for a supposed violation of the Mason Jar Co.'s IP. No amount of explanation would bring it back.
Seller_OslKZBlgauQpl
Yes because Amazon lets them. I get almost everyday a complaint about infringement rights and fake product. It won’t be long before they shut down my store.
Seller_gdoqhjnMvxy60
The bots can do that just a few years ago had abobe colored boots and Got hit over adobe software ttok forever to straighten out. Finally simplest solution was change my wording. The bots will keep doing it to you and the Amazon people can’t seem to stop it which is understandable they are programmed for a huge system and were just small cogs.
Seller_IBurhvnKm1Fam
Ohio state tried to trademark the word " The" as in THE OHIO State who knows. I don’t remember how that turned out.
