1, find out what is the cause of infringement.
If the intellectual property complaint letter of Amazon platform does not mention the specific reasons of infringement, it will prescribe the right medicine for different situations.
2. Remove infringing products in time.
3. Contact the complainant for mediation.
If the Amazon infringement complainant is not the obligee or legal representative, then their infringement claim is invalid. It is easy to find out whether the other party is the right holder or the legal representative.
According to the claim rules of the Digital Millennium Copyright Act (DMCA) and the requirements of Amazon policy, you can contact the NoticeDispute group and ask them to provide this information, but show that your intention is sincere.
When legal representatives file a complaint, it is not good for them to give up the lawsuit, but copyright owners are often more willing to cooperate. Therefore, before you write to a lawyer, check who is the copyright owner.
When the complainant agrees to withdraw the complaint, you need to make sure that the address of the letter they sent to Amazon is the same as the complaint address. If Amazon doesn't send you a notification by default, you should try to get confirmation from the NoticeDispute team.
4. Many companies wrongly accuse Amazon sellers of infringing accounts.
If this happens, the seller needs to remind the complainant that it is their responsibility to prove the existence of infringement. For example, in patent infringement, there is an "all elements rule", which requires that every claim restriction must be proved by the plaintiff who alleges infringement.
If the company claiming infringement cannot prove that the seller has met all the requirements for proving infringement, then the seller has not infringed. Once the infringement claim is determined to be unfounded, the complainant usually agrees to withdraw the complaint.
From the current point of view, in the case of clear evidence of non-infringement complaints, Amazon's performance team will still support the establishment of the seller's complaint and cancel the complaint.
However, if the complainant entrusts a local law firm to take a pre-litigation injunction, then Amazon officially requires that only the complainant's withdrawal letter document can be provided for appeal.
If everyone really infringes, then you must apologize to the other party at the first time, get the other party's understanding, and then remove the infringing products as soon as possible. If the Amazon platform makes a mistake, then the seller's friend must appeal.
Tao Bo supply chain focuses on cross-border electronic commerce service. Tao Bo American overseas warehouse can provide timely and efficient one-piece delivery service for overseas warehouses, and has many years of experience in the operation of third-party platforms such as FBA overseas warehouse transfer and Wayfair, and medium-sized and large-sized overseas warehouses. One-to-one delivery service for overseas warehouses is also a key service item developed by Tao Bo overseas warehouses. Without the limitation of platforms, a warehouse can match multiple platforms for one delivery, which is beneficial to the development of e-commerce business for the majority of e-commerce sellers.