Amazon's Failure to Protect Sellers with flase patent infringement claims
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Seller_9y6qoyKqgalCk

Amazon's Failure to Protect Sellers with flase patent infringement claims

A Seller's Plea: Addressing Amazon's Unfair Practices

As an Amazon seller, I've faced a frustrating and unfair situation that highlights the platform's shortcomings in protecting sellers' rights. A competitor, Tanya Bates, has repeatedly targeted my products with unfounded claims of patent infringement.

The Issue

Despite providing irrefutable evidence, including non-infringement letters from my attorney and copies of my three design patents, five of my listings have been repeatedly deactivated.

The core issue lies in the fact that Tanya Bates' utility patent pertains to a product with a backrest, while my products do not have backrests. How can a single utility patent be used to target three distinct product designs, each protected by its own unique design patent? This is a clear abuse of the system.

Amazon's Inaction

Amazon has consistently failed to address the issue adequately. Despite providing a non-infringement letter from my attorney, Amazon has demanded additional documentation, including a court order. However, there is no ongoing legal case, as Tanya Bates has not filed a lawsuit.

Furthermore, Amazon has imposed an auto-reply system that prevents me from effectively responding to these false claims. Whenever I attempt to provide additional information or address the issue, I receive a generic response requesting more information without specifying what is needed. This lack of transparency and communication hinders my ability to defend my business.

Amazon's insistence on involving itself in legal disputes between private parties is not only unnecessary but also sets a dangerous precedent. It allows malicious actors to abuse the platform and harm legitimate businesses. If Tanya Bates believes my patents are invalid, she should pursue the proper legal channels through the USPTO, not through Amazon. Amazon should not be a venue for such unethical behavior.

Tanya Bates' Extortion Tactics:

To further exacerbate the situation, Tanya Bates has resorted to threatening behavior. In an email, she demanded that I enter into a licensing agreement with her, stating:

" Before we remove anymore of your products, we would like to give you the opportunity to enter a licensing deal with us. We have the power and authority to remove your products"

This blatant attempt at extortion highlights her malicious intent and underscores the urgent need for Amazon to take action.

A Call to Action

I urge Amazon to reevaluate its policies and procedures to prevent such abuses of power. Sellers should not be subjected to arbitrary deactivations based on unfounded claims.

I implore Amazon to:

Conduct a thorough investigation into Tanya Bates' claims.

Reinstate my wrongfully deactivated ASINs.

Take steps to protect sellers from malicious attacks.

Improve transparency and fairness in its decision-making processes.

Avoid becoming involved in legal disputes between private parties.

Revise the auto-reply system to allow for more effective communication and dispute resolution.

By working together, we can hold Amazon accountable and create a more fair and equitable marketplace for all sellers.

Let's make our voices heard!

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Tags:Intellectual property infringements
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Seller_9y6qoyKqgalCk

that's to good to hear since today my false accuser was able to take down 3 more listings. now i am at 9 listings total and she wont stop until amazon stops her unethical behavior.

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Sandy_Amazon

Hello @Seller_9y6qoyKqgalCk

My name is Sandy from the Community Manager team. Thank you for the feedback and details on this post.

While we assist many sellers here on forums, utility and design patent claims are examined by Amazon's legal team. I have contacted them regarding your case to look into the escalations you have submitted and to review your claims.

If I hear back from them I will notify you here on what I am able to share. Thank you for your patience.

Best,

Sandy

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Sandy_Amazon

Hello @Seller_9y6qoyKqgalCk

The Amazon legal team has responded. Please see below for the recommendations.

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Seller needs to address the infringement claims through an appeal within their Account Health Dashboard. I have looked into the appeals to date, however they have been insufficient to overcome the infringement claims.

The available appeals paths, which were provided to the seller, are:

1) Provide a court order showing non-infringement or invalidity of the patent

2) Obtain a retraction from the rights owner

3) Provide an opinion of non-infringement.

Legal has claimed that none of the documents provided fulfilled any of the above listed path. Providing a copy of the design patents does not meet these requirements.

Separately, the seller could file a declaratory judgment action against the patent owner in federal court and provide a copy of the filed complaint to ip-info-request@amazon.com and the ASINs would be reinstated pending the outcome of the litigation.

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Based on the investigation, I would highly advise to seek the advice of legal counsel to better understand the issues.

Regards,

Sandy

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