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Looking for Example Letter or Template to help Rebut False Infringement Claim
Amazon has recently delisted one of our products after receiving a patent infringement claim by the top seller of the products we’ve been selling for almost year. We know this to be a false claim as our manufacturer has got a patent to cover the product.
We are looking for an example letter or template that could help us write a letter to the claimant to request a withdrawal of the complaint. Would any member with knowledge or information to any form of template or generic letter, etc. be kind enough to give us access to help us deal with the issue? Your assistance and or advice will be highly appreciated.
Thanks very much for your kindness and assistance
0 replies
Seller_olet7eVOHxQZd
Is it infringement for patent of for Brand? Is it some generic item that other sellers put their “brand” on?
Seller_olet7eVOHxQZd
Is your factory provided patent registered in the USA? Amazon does not want to be in the middle of patent disputes. I believe if you talk with a patent lawyer you can counter claim.
Seller_cu1Lr54OxusWw
I can’t imagine why they would withdraw it … but …
Legal Agent
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108-1226
As the {representative/owner/rights holder} of the [{brand/trademark/copyright/patent}, email: _______________, I am contacting you to advise you that we have reached an agreement with this seller concerning the IP Rights Violation(s) that was(were) filed against them.
ASIN(s):
Complaint Id: (LIST HERE) … or … “This retraction is to cover all complaints made by us against the below seller”
Complaint Type(s): Infringement, Trademark
Seller Name:
Seller email:
Merchant Token / Seller Id:
Please remove the complaint(s) noted above because of an error in filing on our part, and notate the seller account of this seller.
Also, per our agreement reached with this seller {please reinstate the removed content / do not reinstate the removed content}.
I appreciate your prompt attention to this matter. If you have any questions about this notice, please do not hesitate to contact me.
Sincerely,
/s/ NAME
{Brand : or whatever fits here}
Pax_Amazon_old
Hello @kaytka,
Pax here to assist.
I understand you would like assistance with creating a request to withdraw a complaint
@Oneida has provided valuable information in that regard. As the withdrawal request is not a guarantee to resolve the issue, we would encourage you to appeal this with us and I shall provide you with an idea of how you can do so.
The best way to resolve this issue would be to submit a plan of action addressing it, and explain your situation . The appeals process is encouraged in case the withdrawal request does not provide a resolution.
You can follow the traditional plan of action format as follows:
- The root cause of the infringement issues. Did you receive authorization from the intellectual property rights owner to list these items in your store? Did you have a system or practice of checking for intellectual ownership prior to listing?
- The immediate corrective action that was taken to resolve the issue. Did you make an attempt to resolve the issue with the rights owner? Have you reviewed your current listings for any potential issues and resolved those as well?
- The long term preventative measures that will be taken in order to prevent similar complaints in the future . How can you make sure you receive permission from any right’s owners before listing any new items in your inventory? What process will you take to make sure that your inventory is not infringing on any intellectual properties?
Once your detailed plan of action is complete, you can post here for feedback to strengthen your appeal. When it is ready to submit, you can appeal through your account health dashboard.
I hope you find this information helpful, let us know if we can be of further assistance. Additionally, could you provide us with an update as to the status of your appeal and account?
Best,
Pax
