Need help/suggestion on how to clear competitor Trademark Infringement complaint
We got 3 separate Policy warning for the same trademark 5901160.
ASIN: B07P151ZSP, B08136NKLS, B07NY3ZC92
We are authorized seller of Funko product itself and have invoices. But the trademark on the box protector (2nd image of the listings) is actually a competitor’s and they just got their trademark last month.
We already ended the listings for those 3 ASINs in questions and also went thru all of our listings that has box protector and ended those as well.
We contacted the trademark owner in good faith and letting them know that we have taken down all the listings for those ASINs and others, but of course we do not get response from them since they are competitor.
We sent reply to notice-dispute with POA and Funko invoices, but they came back with this response:
Thank you for submitting your plan of action. We reviewed your appeal and determined that the corrective action items you have listed have not been implemented. Please make sure all corrective actions have been completed to be in compliance with your plan of action:
– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights.
Has your listing been deactivated in error?
If you believe there has been an error, please tell us why. Your explanation should include the following information:
– How your listing(s) have not violated the brand’s intellectual property.
It seems that notice-dispute is expecting us to provide proof for the now trademarked box protector as well, which we won’t be able to obtain.
Any suggestion on how to clear this complaint? We do not need to get the ASINs reinstated but would like our account cleaned.
Seller_OtMUVcegIB3Hd
That is some shady tactic…
Hopefully a Mod can help you.
make sure to save a copy of the web page so you have proof of this nonsense… you might need it down the road.
was this already a bundle when you listed on it? or did they just add the bundle?
Pax_Amazon_old
Hello @amazon_seller_1791,
Pax here to assist.
I understand you have sent multiple appeals with invoices, and have not had any success in getting them accepted.
Submitting the notice you received from us does provide some insight. However can you post your last plan of action, in regards to this notification you received, on this thread so that we could review it to see what may be missing?
We hope to hear from you!
Best,
Pax
Seller_OtMUVcegIB3Hd
You need to bump this thread…
You might have to revise your POA
Did you already submit it?
Did the listing change?
I do not remember but I think it did (This is why you should save a copy of the page)
I believe I checked the UPC of one of these listings in GS1 and it is a “Funko” UPC
so your invoices should be good.
Attach an image of the clear plastic that they labeled with their brand (to kick you off a Funko listing)
You do not need to contact the complainant for a retraction as this complaint is a fraud. IMO
Seller_Bbq8c8PRMToKQ
I too have just ran into this problem by the same IP owner for ASIN B081DMJXD4. I have contacted the IP owner for a retraction this morning, but have yet to hear back as of the time this comment was made.
What is very interesting about this issue is when I enter the ASIN into Google and a different listing title shows from what the listing title currently is right now. This leads me to believe there could have been a recent change to the listing in a possible attempt to manipulate it so the IP owner could then file claims against others also on this listing.
Here’s a screenshot when I Google the ASIN:
And here’s a screenshot of the current listing on the Marketplace right now:
There does seem to be plausibility of a recent change to this listing since the word Funko was spelled as ‘Fun ko’ in the Googled search with an unnecessary space within the manufacturer name. I have already reached out to Seller Support to see if they can verify if any recent changes were made to this listing.
Edit: And to add to it, none of the listing titles of any of these IP owner listings are consistent. You’d think if they created the listing themselves they would all be similar.
[Other edits made for clarity.]
Seller_Bbq8c8PRMToKQ
@Pax_Amazon_old,
Please also see my comments in this thread as the same thing is happening to me, but for only 1 ASIN. I reached out to Seller Support yesterday to see if they could report any recent listing changes to ASIN B081DMJXD4 and Seller Support did in fact confirm there was a recent change to the listing, thus further making me believe this IP owner has manipulated listings in order to issue IP complaints. The main product is a Funko POP figure that I can provide invoices direct from Funko for my wholesale purchases of this ASIN. Please investigate this matter because I too would like this complaint cleansed from my Account Health page. Thank you.
Seller_oIJkWGiPX7x0U
I just got an infringement claim by this IP holder on a listing that does not contain their images or trademark. The one I got is for a Funko Pop with a generic protector. How can they do this?
Seller_3N7yVnTXPzLkL
You listed on what looks like a perfectly within the rules catalog page for a bundle with a Funko figure and a private labelled box protector.
Seems to me like you were in the wrong.
Now if the other seller hijacked the UPC for the Funko to use for the bundle, you might have a shred of an argument.
If the change was recent, even better.
I would attempt to get the catalog team to fix the pages while pursuing my appeal.
