Intellectual property (IP) complaints are among the most challenging issues Amazon sellers face. Whether you're dealing with a trademark claim, copyright takedown, or patent infringement allegation, understanding your options is crucial for protecting your business.
Types of IP Complaints on Amazon
Trademark Complaints
Claims that you're using a brand name, logo, or other trademark without authorization. Common in cases of unauthorized reselling or keyword stuffing.
Copyright Complaints
DMCA takedown notices for using images, descriptions, or other content that belongs to someone else. Often involves product photos or A+ content.
Patent Complaints
Claims that your product infringes on a design patent or utility patent. These are often the most complex to resolve.
Step 1: Analyze the Complaint
Before responding, you need to understand exactly what you're dealing with:
- • Who filed the complaint? Is it the actual rights holder or a third party?
- • What specific right is being claimed? Trademark, copyright, or patent?
- • Is the claim valid? Do they actually own the IP they're claiming?
- • Are you actually infringing? First sale doctrine may protect resellers.
Step 2: Evaluate Your Defense Options
You May Have a Defense If:
- • You're selling genuine products (First Sale Doctrine)
- • You created the content yourself
- • The trademark/patent is invalid or expired
- • You have authorization from the rights holder
- • The complaint is from a competitor, not the actual rights holder
You Should Comply If:
- • You're selling counterfeit products
- • You copied someone else's images or content
- • Your product clearly copies a patented design
- • You're using a trademark in a misleading way
Step 3: Contact the Rights Holder
In many cases, direct communication with the complainant can resolve the issue faster than going through Amazon:
What to Include in Your Message:
- • Your contact information and seller details
- • Evidence of authentic sourcing (invoices, authorization letters)
- • A professional request for retraction of the complaint
- • An offer to make any necessary changes to your listing
Step 4: Appeal to Amazon
If direct communication fails, you can appeal through Amazon:
- • For Copyright: File a DMCA counter-notification through Brand Registry
- • For Trademark: Provide invoices and proof of authentic goods
- • For Patent: Obtain a legal opinion that your product doesn't infringe
When to Hire an Attorney
Consider professional legal help if:
- • The complaint involves a patent claim
- • You've received a cease and desist letter
- • Multiple listings or your entire account is affected
- • The rights holder is threatening litigation
- • You want to file a counter-notification
Facing an IP Complaint?
Our IP attorneys have successfully defended thousands of sellers against trademark, copyright, and patent claims. We respond within 1 hour.
Get Expert Help