Ip complain Infringe the rights owner’s intellectual property rights : Infringement type: Parallel Import

hello,

I called Amazon to solve this problem (ip complain) because for the 2nd time they did not accept my invoices even though I also offered them the invoices from the manufacturer to the supplier to prove the supply chain.

The girl on the phone, very nice, opened a new case and specified that it was something internal and that I should wait for the phone call from them.
It has been more than 1 week and I have not received this call.
Is it possible for an investigation like this to last more than 1 week?

Thank you

Yes, it can take some time for them to get back to you. As I advised in my other post, please try to consult the manufacturer to see, if they can regain their control over the Brand Registry.

Thank you for fast response.

We also contacted the beneficiary of the brand but they told us that they have nothing to do with this complaint and that they do not know very well how the amazon market works and are not interested in this aspect also they can’t do anything for us to help or retract complain.
Something is very dubious, I think that this brand prioritizes only one abusive seller and has given him a free hand to do what he wants with the other competitors, even if we are legit seller and our product are original from them.

We contacted our lawyer specialized in such situations and he advises us to make a preliminary letter and forward to owner of the brand and if this restriction is not lifted will go to the competition council and try to resolve this situation.

Our invoices are legitimate with proof of the supply chain and do not cause a parallel import

Do you think this approach is good?

I’m sorry for this situation and I really don’t want to end up hurting someone brand, even if they don’t think that way.
I also tried to explain to them that the losses are quite big and that they should at least let me liquidate my stock from Amazon and then we’ll talk. They stop answer us at all.

Thank you

1 Like

What you posted above sounds really odd, and I would definitely stay away from this brand.

It seems like your brand already has their authorized and contractual reseller, whom they also gave full control over the brand’s Amazon Brand Registry account and regardless, they continue offering their products to unwitting resellers, without informing them about the brand’s resellers other than their main client being maliciously pursued on Amazon.

They are hoping that whoever buys from them will sell on eBay or elsewhere and not on Amazon.

If I were you, I would sell my last stock and then find a different brand as otherwise you will continue getting targeted and you are also risking your account.

Yes, this is the most correct approach. All intellectual property disputes should be handled by legal means.

Hello,

I spoke with the brand representative who agreed to withdraw the complaint until we sell the Amazon stock.
Now I have to give him an example of a document that can help us to retract IP Complain, a document that Amazon can approve.

Can you please help us with example of this files:

  • A written authorization letter from the rights owner, issued to you;

  • 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.
    I spoke with the brand representative who agreed to withdraw the complaint until we sell the blocked Amazon stock.

    • A letter of authorization or a licensing agreement from the rights owner demonstrating that you possess the right to use the content claimed. The documentation submitted must meet the following criteria:
      – The document includes the name and address of rights owner.
      – The document includes your name and address, matching the information in your selling account.
      – The document explicitly authorizes you to use the rights owner’s intellectual property with your own brand name.

Thank you

1 Like

From what I know, written brand retraction letters or e-mails are no longer accepted, since so many people used to forge them in the past.

If the Intellectual Property Rights Infringement Complaint was submitted through the Amazon Brand Registry, this is where it can be retracted.

Below is my template which I used to recommend to sellers before Amazon stopped asking for written retractions:

Hello,

we are contacting you to let you know that we are withdrawing the trademark infringement claim filled against:

Seller name:

Merchant token:

ASIN:

Complaint ID:

Please reinstate the mentioned content and remove any strikes placed on this merchant’s seller account as the claim was filled in error.

Sincerely,

Brand name