Unfortunately, in efforts to keep the prices of their products at or above MAP pricing, it has become quite common to hear stories of false complaints coming in from manufacturers. This is not “Inside Information” but rather a byproduct of greed and selfishness from the brands to advance their own interests instead of consumers.
We have represented many Amazon sellers who were wrongfully sued and were stuck trying to defend themselves against corporate conglomerates. While these companies generally bring these actions to intimidate sellers to stop selling their items, there are options and ways to defend these case
As a litigation firm focused on defending online sellers, we have been through this process and know how to properly assert and defend our clients.
If you are an online seller, we recommend being thoroughly familiar with the items that you sell, including the warranty and the terms and conditions denoted in the user manual and accompanying documentation that comes with the product. The latest trend that these brands are jumping onboard is to indicate that their manufacturer warranties are limited only to certain circumstances, and that therefore the products that you are offering for sals on Amazon are materially different and therefore in violation of Amazon policy which could lead to account suspension and/or termination.
At LA Law Group – we believe that a strong start can lead to a strong finish – and we attack these frivolous complaints head on and help our clients WIN. Amazon cannot determine whether you were shut down for the
We hear from Amazon sellers regularly who receive baseless intellectual property complaints for their items that were listed on Amazon. When we refer to intellectual property, we are referring to any one of 4 (four) categories including trademark, copyright, patent, and trade dress.
A rights owner can submit a complaint to Amazon against an Amazon seller under penalty of perjury whereby they rights owner alleges that the Amazon seller has violated their intellectual property rights. In these instances, the rights owner allege that the item(s) sold by the seller are “materially different” and that therefore, they violate the rights owners rights.
Under the first sale doctrine, a seller has the right to market an item including the rights owners logo, trademark, copyright, or images of the item without being in violation of the rights owners intellectual property rights as long as the item is not “materially different” from the items sold directly by the manufacturer.
Oftentimes, our clients, Amazon sellers have not violated any intellectual property rights, but rather purchased and resold products lawfully acquired through their distributors.
In these instances, a seller is not left without defenses. We are an avid believer that a the best defense is a strong offense, and with that sellers can bring claims against the rights owners who bring wrongful claims against them. These sellers who are selling from tens of thousands of dollars a month, through millions of dollars in sales per month, can have their account jeopardized, and can bring claims against the rights owner under intentional interference with contract, and fraud against the individuals who filed the complaint.
How we handle these matters?
We generally start of by having one of our attorneys who is fully familiar with Amazon and with intellectual property law review the listing, and the complaint against our clients to determine whether the complaint was baseless or whether there was any merits asserted by the rightsowner against our client. We are never reluctant to reach out to the rightsowner to address the issue to try and rapidly reach a resolution which results in the “withdrawal” of the complaint to Amazon. Often, we write a letter to the rightsowner to address the matter and allow them an opportunity to review and address the matter so we can reach a resolution and a subsequent “withdrawal”. We have found in many instances where sellers try reaching out to the rights owners directly, and are unable to receive a response. In our experience, most rightsowners respond to our letters as they clearly understand that the seller takes the matter seriously and we most frequently receive a response and a willingness to cooperate and reach a resolution which is advantageous and favorable to all parties involv
We advocate fiercely for our clients and push to obtain a retraction from the rightsowner of their baseless complaint
If you or someone you know has an issue with their Amazon’s seller account, i.e. :IP violation), please feel free to contact us for a free consultation.
After being involved in eCommerce, as a seller, a consultant, and an attorney, we have come across many individuals and organizations claiming superior skill, or knowledge pertaining to their services for Amazon sellers. We respect everyone’s rights to market their products, and services, and to make allegations pertaining to their services, nonetheless its noteworthy to indicate that these are merely marketing strategies and are not proven facts.
The Difference? Your account is suspended. You want to get back online and resolve your issue with Amazon. Do you want to speak to a clerk or a paralegal who has no prior selling experience, doesn’t understand the challenges a online seller experiences, and most importantly doesn’t have any legal skill, or superior knowledge pertaining to Amazon? We wouldn’t. That’s the difference.
Recently on Instagram there was an advertisement by a law office indicating that their paralegals draft the “best” plans of action in the world and that they do the most plans of action in the world. While we are cognizant of the fact that some organizations such as the world famous McDonalds may serve the most clients, this is far from fact to presume that their product is the “best”. In fact, the work is being done by individuals who are often operating off of a prewritten script without the necessary attention to your specific matters.
As a boutique firm, we devote the time, skill, and resources necessary to each and every individual client. We want you to succeed, as your success is our success. We investigate your suspension with you. We collect al the necessary information and our attorneys work directly with you to draft a specific plan of action to address your suspension. This is not “reheated” law. This is gourmet legal service with highly skilled, highly experienced Amazon sellers counsel.
We want the best for our clients, under any circumstances. If you have been suspended on Amazon and want a free consultation or second opinion, please contact us so we can help address your concerns.
We were recently contacted by a client who received a “trademark infringement on Amazon. Our client was stunned, indicating that they had purchased the items from a authorized reseller, and did not understand what and why there was such a violation initiated.
There are a lot of companies taking on brand protection responsibilities, and handling these matters irresponsibly. In the particular case at hand, the brand protection agency had made revisions to the Amazon listing to “bundle” the item with an item of their own branding, thereby making it their listing which they can claim a trademark to on their product/brand. They then utilize this to file infringement complaints on Amazon against third party sellers and to get the sellers off of their desired listing. When practiced effectively and targeting high velocity ASIN’s, this can make it lucrative for the seller, and as a byproduct lucrative for the brand protection agency.
This is not only unethical, it is inherently wrong. This is actionable under several theories of law where both the brand enforcement agencies as well as the trademark owner can face serious consequences. When addressing these enforcement agencies, resolution is often quickly achievable so long as they obtain their target which is an agreement to refrain from listing against the existing ASIN again.
If you or someone you know has had an issue with a brand protection agency wrongfully claiming an infringement on Amazon, contact us as we will be happy to help. Our consultations are always free, as we want all our clients, and in turn our Amazon sellers to successfully stay on Amazon.
Aryan Amid, attorney at LA Law Group, talks to you about the dangers of a counterfeit complaint on Amazon and its effects on your selling account, as well as the pitfalls to watch out for when sourcing products for sale on your account.
1) Sourcing
When sourcing – you want to be sure you are sourcing your product from a reputable company who is an authorized reseller/distributor of those products or who has the IP rights for the products in question. We saw in one instance where a seller was sold headphones which were very similar to Apple EarPod design. The sellers failure to do their due diligence and identify that the product they are purchasing and subsequently offering for sale infringes on another parties IP rights led to the suspension of their seller account.
2) Listing
When selecting an existing listing on Amazon to sell your products – read the entire listing detail page and make sure your item is a 100% match to that item page. If there are any inaccuracies or errors, DO NOT LIST. We too often see sellers purchasing a generic product from Alibaba or the likes, and then listing it on the IP owners listings on Amazon. In these instances again, the sellers fail to do their due diligence which and often does lead to the suspension of their seller account.
We at LA Law Group are dedicated to your long term success on Amazon. For more information on these or any other Amazon related legal question contact us for a free consultation at 866-62-LALAW.
As a personal injury law firm in California, we frequently deal with representing injurred parties after an accident and helping them obtain world class medical treatment for their injuries as well as fighting with the injurance companies to recover the maximum amounts for our clients.
Each and every case is analayzed and treated individually as we recognize that there is no cookie cutter approach to personal injury law which yields results. Nonetheless, we can draw from years of experience on both the Plaintiff and Defense side to obtain optimal results for our clients.
During the COVID 19 era, the wrold around us has changed, and despite seeing fewer cars on the road, there have still been many accidents.
California State University of Northridge (CSUN) is generally mostly a commuter university with students driving throughout California for their daily class schedules. The area immediately surrounding CSUN, including Nordhoff Blvd have seen a rise in the numberof accidents and related injuries. The area immediately around CSUN including the intersection of Reseda and Nordhoff is a common location wherein accidents take place.
As a prior CSUN student, we recognize that this is not news as this has been taking place for many years, nonetheless it is noteworthy that there are so many CSUN students who are injured in an auto accident and instead of seeing proper legal representation, they make the error of trying and handling the situation directly. While we understand the underlying reasons, it is always advisable for an injured party to obtain the necessary representaiton promptly after and accident to preserve their rights and remedies against the responsible parties.
If you or your loved ones are inured in an accident, contact one of the attorneys at LA Law Group for prompt assistance.
