So this is how it is


#17

The only silver lining I could see here is that a couple years ago amazon changed their wording to the seller agreement specifying that if your business is found to have financially damaged another account you may be held financially liable. I understand the impulse to go through Amazon to remedy this issue. However, I would advise to lawyer up and if possible sue the bad actor into oblivion.

It stinks that Amazon suspends first and as a general rule asks no questions ever, but ultimately this is why you got the patent, trademark ect.


#18

I’m sorry. Have you considered hiring a lawyer and initiating a lawsuit against the other company involved?


#19

You can only get away with that if you are China which Amazon fully supports. Buy American.


#20

The worst part is that there is no one to talk to. Amazon would rather suspend you with their half than listen to an explanation (e.g. appearing before a judge). That and Amazon would foolishly let newbie sellers come on board while suspending older accounts


#21

Books_by _Lawrence:
Though there are plenty of issues connected w/ the printed page on this platform, we may have saved ourselves aggravation by selling books

At least until the Chinese attempt to infiltrate the English-language category beyond International-edition text-books.


#22

Seller Performance. I’m waiting a few more days or until reactivation to send a certified letter over to Amazon’s Legal Department about them. In my opinion, they are not only being totally unfair but pure evil. How can anyone feel any satisfaction in ruining someone’s account to gain a few more bucks in the meantime. They have to be completely miserable to waste so much time in getting listings taken down and sellers suspended. How about spending that time in listing more products? Providing better customer service? Enhancing Listings? If I don’t take care of them, or any of the other sellers, I do believe karma will. It’s so much you can get away with until someone realizes their abuse and harassment.


#23

This sickens me.

I will gladly contribute funds to your cause if you go and attack them hard.


#25

That’s the problem. After getting Legal Advice on suing the other party, which they live in Germany, it might not even be worth it $$$.


#26

I appreciate it. It is a really mentally and financially draining situation. The most Notice-Dispute Team could have done is at least to let me give them evidence of the Section 274 Prior Use or that my product does not contain any of their utility or even better, my Patent on the item.


#27

Best wishes. Hate to read stories like this


#28

Well, the first thing you can do is provide documentation of Amazon violating federal trade laws. Price gouging during a national crisis happens to come to mind


#29

I have sat back and read thousands of posts on a number of these issues. I get it that Amazon feels they are in the middle and defaults to the easiest way out. Would it not make more sense to evaluate the one item instead of killing someone’s account? Whether its a good or bad decision on my part, I have nothing to do with China. That seems to be a common thread in alot of these account closures. It’s sad to see good people having to spend thousands to a small percentage of “bad” individuals. Lastly, how in the world can a chinese company cause havoc on a company in the US selling on a platform. Last time I looked China was the premier copier of infringements globally…


#30

You need to hire a Patent and Trademark attorney and sue the complaining company for interfering with your Trademark rights. You attorney will request a preliminary injunction against the company commanding them to cease and desist filing false claims with Amazon and to withdraw all previously filed claims.

Once you have that you will submit a copy to Amazon and they should restore your account.

Under Trademark and Patent Law you are entitled to recover triple damages (and attorney fees) from the offending company. But it is up to you to enforce your rights, not Amazon.

Amazon is only responding to what appears to be a valid infringement claim. Amazon is not a Federal Court and cannot make a determination whether a claim is valid or not. But once you file a lawsuit to enforce your rights Amazon will provide you with the papers the company filed which had to be sworn under the penalty of perjury.

I am not an attorney but had a similar situation with NYC and another online site. I took NYC to Court (spent $40,000.00 in legal fees) and won. NYC had to recall every false claim they made against me notifying the other site of their lies.

One other thing - you need to file your trademark registrations with Amazon and Brand your products.


#31

The problem here is Amazon’s guilty until proven innocent predicament. We are in the fashion business, it seems it’s getting increasingly difficult to fight against frivolous and false claims. You can be the right / patent owner and still have your appeal denied.


#32

Guilty until proven innocent. And even then, who is the judge and jury? Do they care?


#34

Yes. Because it’s not Amazon’s job to resolve such claims. That would be your lawyers job. If you don’t have one then get one. If all that you say is true then you should have no problem winning a lawsuit and recovering any lost income. Unless the other seller is from outside the country but there are remedies for that also but again you will need a lawyer.

All you going to get in here is opinions from a bunch of forum lawyers which is a quick way to really get yourself in trouble.


#35

These folks have a complete diffrent mindset. For them there is no ditinction between right and wrong. They beleive that might makes right.
This is why you have to take off the white gloves and show you own might.
RedWing’s post was perfect. I would go with that.


#36

Amazon won’t do anything to them. If it was me, I will go after the ones submitting the false claims. It cannot be legal what they are doing and they should be held accountable. Personally, I think Amazon should be held accountable as well. They are always doing something stupid like this to people like us who are just trying to make a living honestly.


#37

You have actual damages caused by the acts of the company/people making these false claims against you. They owe you your average daily revenues for each day that their actions have caused you to be suspended.

They have committed libel, tortuous interference in your contract with Amazon, and unfair business practices. I heard some people intimating that the complainant may be in China. If so, that makes it harder to collect damages, but if they don’t come to court, it makes it easier for you to get a default judgement. You could use that default judgement to put a lien against their Amazon proceeds. But more importantly, the judge could issue an order to Amazon to stop their illegal interference with your business.


#38

Yes, we have appealed before with no issue (Trademark). Now again. I’m being patient with the Notice-Dispute Department. That’s what my Patent Lawyer advised. Then, we will go to Amazon’s Legal route. They are from Germany and they don’t answer any of the emails nor request sent to them.