I searched the USPTO and found the relevant product. To liquidate my products, the infringement notice on the listing needs to be removed. Although I have filed multiple cases with Amazon, none have been accepted. I emailed the brand owner, who responded to my first message but not the others. What action should I take in this situation? Can anyone with experience in a similar issue share their advice?
Note: Amazon’s message states that either a court document or a retraction from the brand owner is required. Is there any other information you can suggest?
If the brand owner is unresponsive and Amazon requires either a court document or a retraction from the rights holder, your options are limited. You could try escalating the case with Amazon by providing evidence that your product does not infringe on the patent or by requesting mediation through the Amazon Neutral Patent Evaluation (if applicable). Another option is to send a formal cease-and-desist letter to the brand owner, urging them to respond. If liquidation is your goal, you might also consider selling the products through other channels like eBay, Facebook Marketplace, or liquidation companies. Has anyone else faced a similar issue and found a successful resolution?
Your approach should focus on gathering and organizing all your documentation—including USPTO search results and a record of your communications with the brand owner—to build a clear case for Amazon. Continue to try to secure a retraction from the brand owner through persistent and possibly more formal channels, such as a legal notice if necessary, since that retraction is one of Amazon’s requirements to remove the infringement notice. If these efforts do not yield a response, consider consulting legal counsel to help formalize your request or to obtain a court document, then re-submit your appeal to Amazon with all your supporting evidence and a detailed timeline. This consolidated, documented strategy is your best path forward in meeting Amazon’s requirements and resolving the issue.
Infringement matters are best handled by legal means. The complaining party rarely responds to communication unless there is a legitimate lawyer acting for you.