False infringement claim on my own brand by a competitor


#1

I was hit with an rights infringement on our own brand. A competitor posed as my attorney using a false hotmail email address and had 10 of my branded items removed by Amazon. The brand is registered with Amazon. It is current with USPTO. How can these happen? My lawyer has responded to notice-dispute@amazon.com from his law firm email address. He also sent the email to legal@amazon.com and jeff@amazon.com. Stating it is a false infringement claim and and it should be retracted. We have not had a response from Amazon. I called legal which I left a message. No call back. Any other suggestion on resolving this issue as well as preventing it?


#2

It is a registered brand since March 2014


#3

Two of items are top sellers in their category. There are 2 competitors who greatly benefit by my listing being down. Unable to prove it. The competitor are both China sellers. Good luck if you can trace the hotmail address.


#4

Can you prove it was a competitor and do you know who they are?

I would have my attorney take action against them. Not a letter.

You need to recoup the losses for items not being for sale.


#5

If you registered the brand on Amazon then there is no way anyone else could file an ip claim…


#6

This is why people check for other sellers on their listings regularly, specially if its brand registered and they take action immediately.

Most of those sellers will tag along any listings and won’t do anything unless its worth it.

If you or them were selling a good amount, then its worth it for them to do these kind of shady stuff.

As soon as you see someone in your listing you immediately test buy.

Well, I don’t really know what an attorney would say for them being in China.

I have only destroyed shady businesses in the US.

Maybe you should pack and pay them a visit. :slight_smile:


#7

Just an fyi i was registered and then i wasnt…still had my branding page but amazon let my registration drop off for some reason…had to go thru the process again as they had no record of my original registration…


#8

It is all speculations and guesses unless you share with the forum audience your brand and the Chinese competitor you suspect.


#9

File a counter claim… see
https://sellercentral.amazon.com/forums/message.jspa?messageID=4063374#4063374


#10

Prokit Adhesive is the brand. I don’t like directly naming a competitor, Amazon removed our listings However they allowed a new listing to be made so we are still best seller. The black version was pushed to the bottom of the 1st page. This is a common search below. I suspect the competitor just below me in the search.


#11

Thank You. We are back up. I deleted the listing and relisting using the same SKU with FBA inventory. We are back in position 1 and 2 on a search. Our attorney did send a letter to Amazon legal putting them on notice regarding the fraud.


#12

Re-listing an item taken down by IPV before the counter claim is granted can have a serious negative impact on your account if that abusive person files another IPV on the same product. Seller Performance will see you actions as willful abuse.


#13

Not clear to me what the situation is. You mention a “rights infringement on our own brand”. Brand implies trademark. Was the infringement a trademark claim or a patent claim?


#14

Yes trademark. We own the trademark. It has been registered since 2014. Also a registered brand that I filed.


#15

My attorney put Amazon legal on notice this is an impostor filing fraudulent claims. Any further claims would have to be reviewed after our counterclaim. Representing yourself as an attorney violates several sate and federal laws, I thin k they have a bigger issue.


#16

No, you have a bigger issue.
Regardless of whether you’re right (innocent) or not, you can’t re-list an ASIN blocked for “IPV” until you receive a notice saying the listing has been reinstated.


#17

Faking attorney emails or even hacking small lawyers’ email servers seems to be getting more common. I was PM back and forth with another fake IPV victim where the attacker took over the PC of a small single lawyer office to send out fake IPVs.

You would think lawyers who get REALLY irate about that, but the other seller had it done to them using three different lawyers emails, and only ONE lawyer was willing to contact Amazon to about the emails being forgeries, the other two didn’t care.

Oh and I-Mall… SERIOUSLY listen to me and Art… you are playing with fire relisting that product. Yes Amazon is in the wrong, and you will get that ASIN re-instated - but if your account get suspended your financial loses will be greater and you will have to spend a lot more on your lawyer to fix it. Seller Performance is unreasonable and illogical, and they have ego issues. And keep in mind that SP is NOT Amazon, they are a separate company that runs by its own rules.


#18

I had this happen on eBay, where they called eBay saying that they’re with the authorities and keep reporting my product. Competitors will not stop with the bullying and harassment. They use my product name for theirs and here on Amazon, they have left so many non verified purchase reviews on my product page. I only just started on Amazon in 2016, then turned it off because all the bad stuff they kept writing on my page, just recently I decided to get the page up and running again, since it’s not fair that I can’t sell my product to and just like your situation, the competitors are from China or Japan and I’m out of the US. It’s sad to hear that you’re going through a similar situation. I totally understand, how you feel. I’m sorry

Edited by: Comfort Lining Thermal Denture Adhesive on Aug 31, 2017 3:30 PM


closed #19

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