Amazon intellectual property complaints: how to handle trademark, copyright and patent notices

What do trademarks, copyrights, patents and designs protect?

According to the USPTO, a trademark identifies the source of goods or services, a copyright protects original works fixed in a tangible medium, and a patent protects inventions. On Amazon, complaints usually look like this:

Where do complaints come from?

Brand owners enrolled in Brand Registry submit infringement reports through the Report a Violation tool. Amazon also offers a public form for rights owners without Brand Registry to report alleged copyright, trademark and patent infringement. So the complaining party is not always a brand enrolled on Amazon.

The notice states the type of complaint and the ASIN involved. Read it in full before you respond: the right that is said to be infringed determines which route you can take.

What are your options when a complaint arrives?

According to Amazon staff on the Seller Forums, a seller has three routes: ask the rights owner to retract the complaint, accept the violation and submit a Plan of Action (POA), or show with documents that the complaint is invalid. Which one fits depends on whether the complaint is valid.

How does a retraction work?

A retraction is the rights owner telling Amazon that they withdraw their complaint. According to Amazon staff on the Seller Forums, if the rights owner retracts, the violation is removed and the listing may be reinstated.

A retraction is the rights owner's own action; a letter or screenshot prepared by the seller does not replace it. When you ask for one, state the complaint ID and the ASIN clearly. Do not give the rights owner false information, and do not use pressure or threats.

Settlements, payments and licenses are legal matters and should be handled with a lawyer. A retraction only covers that complaint; any other open notices on the account need to be resolved separately.

What is a counter-notice for a copyright complaint?

A counter-notice is the route US copyright law (17 U.S.C. §512(g)) gives to someone who believes material was removed by mistake or misidentification. It applies only to copyright complaints, not to trademark or patent complaints. Under the statute, a counter-notice includes:

• A physical or electronic signature.
• Identification of the removed material and where it appeared before removal.
• A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification.
• Your name, address and telephone number.
• A statement that you consent to the jurisdiction of the relevant US federal district court (the statute provides a separate rule if you are outside the United States) and will accept service of process from the complainant.

What are the consequences of sending a counter-notice?

Under the statute, unless the complainant notifies the service provider that it has filed a lawsuit, the provider may restore the material no less than 10 and no more than 14 business days after receiving the counter-notice. That is the legal framework; Amazon's own procedure and the address for counter-notices are set out in the notice and in Seller Central, so check there before sending anything.

A counter-notice is made under penalty of perjury and includes consent to a US court's jurisdiction. The complainant may choose to sue. Only send one if you are confident you are right, ideally after reviewing it with a lawyer.

What is APEX for patent complaints?

APEX (Amazon Patent Evaluation Express) is Amazon's evaluation route for US utility patent disputes. According to Amazon's Brand Registry page:

• A neutral third-party evaluator conducts the evaluation and considers only US utility patent infringement; design patents are outside its scope.
• Participation requires both parties to deposit $5,000 with the neutral evaluator.
• The winning participant receives their deposit back.
• If infringement is found, Amazon removes the products concerned; Amazon follows the evaluator's decision.

How do you decide whether to take part in APEX?

Taking part in APEX is a cost and time decision: weigh the deposit, the expert support you need for a patent analysis and how important the product is to you. Read the deadlines and the consequences of not taking part in the notice carefully; missing a deadline can narrow your options.

APEX is an internal Amazon process. Discuss its effect on your rights outside Amazon, and any question about the patent's validity, with a patent attorney.

How do IP complaints affect your account, and how many lead to deactivation?

According to Amazon staff on the Seller Forums, IP complaints left unanswered or answered with invalid documents can lead to listing removals, a lower Account Health Rating, reduced Buy Box eligibility and restrictions on new listings; multiple unresolved IP violations can, in severe cases, lead to account suspension.

Amazon does not publish a number of complaints that leads to deactivation. The outcome depends on the type and frequency of complaints, whether they repeat and how they are answered. That is why each complaint needs to be handled individually and on time.

What should you avoid?

• Submitting a fake authorization letter, license, invoice or registration certificate, or altering a genuine document. That turns an IP case into a fraud case.
• Sending a counter-notice when you know you are not in the right.
• Relisting a removed product on a new product page. It does not resolve the complaint; it repeats the same violation.
• Pressuring, threatening or misleading the rights owner.
• Filing unfounded infringement reports against competitors; Amazon expects reports to be accurate.
• Ignoring the notice or responding after the deadline.

How can you protect your own brand?

Many IP complaints are preventable: keep other brands' names out of titles and keywords, create your own images and copy, and have products that may be patented researched before you sell them.

If you have your own brand, Brand Registry gives you tools to protect your product pages and report infringement. According to Amazon, your trademark must be registered, or the application pending, with the official trademark office of a country where Amazon has a store. Amazon's IP Accelerator program connects brands with vetted law firms to file a trademark application and lets you enroll in Brand Registry while the application is pending; fees are paid to the firm.