Seeking Advice: Trademark Infringement Complaint
Hey everyone,
I'm facing a tricky situation on Amazon and could really use some guidance from fellow sellers who might have insights or experience in similar cases.
I've been selling authentic Dolphin products on Amazon for a while now.
However, a particular listing for a Dolphin product—advertised as authentic—was created by a seller who identified themselves as Teles, not the actual brand, Dolphin. Despite the product being genuine and backed by valid invoices matching the part number and product, I've received a trademark infringement complaint this morning related to the brand Teles.
I've attempted to contact the complainant to resolve this directly, but the email bounced back.
Has anyone else encountered a situation where a listing for a product, accurately sold under one brand (in this case, Dolphin), was created by a third-party seller under a different brand name (Teles), causing trademark infringement issues? How did you handle such a scenario or navigate through a similar challenge? This is my first IP complaint in 4 years of selling on Amazon. So I'm unsure of how to proceed.
Any advice or insights on resolving this would be incredibly valuable right now. Thank you so much for any help you can provide!
Seeking Advice: Trademark Infringement Complaint
Hey everyone,
I'm facing a tricky situation on Amazon and could really use some guidance from fellow sellers who might have insights or experience in similar cases.
I've been selling authentic Dolphin products on Amazon for a while now.
However, a particular listing for a Dolphin product—advertised as authentic—was created by a seller who identified themselves as Teles, not the actual brand, Dolphin. Despite the product being genuine and backed by valid invoices matching the part number and product, I've received a trademark infringement complaint this morning related to the brand Teles.
I've attempted to contact the complainant to resolve this directly, but the email bounced back.
Has anyone else encountered a situation where a listing for a product, accurately sold under one brand (in this case, Dolphin), was created by a third-party seller under a different brand name (Teles), causing trademark infringement issues? How did you handle such a scenario or navigate through a similar challenge? This is my first IP complaint in 4 years of selling on Amazon. So I'm unsure of how to proceed.
Any advice or insights on resolving this would be incredibly valuable right now. Thank you so much for any help you can provide!
0 replies
Seller_7LrAV0m5llaI7
Last time this happened to me, I had to get a forum moderator involved to escalate my case and contact a developer in Seattle who then called me and was able to get the brand name glitch fixed.
Seller_4zBzdtgCyS9EI
You are responsible for listings you use, AS THEY ARE. It is against policy to list on a detail page that does not 100% match your product. If you list on a detail page that is inaccurate, or shows a different brand, you will be responsible. What you need to do in these cases is report the listing and attempt to get it fixed. Most often these products also have correct product pages but sellers don't use them because the prices there are overall lower, so they tag on product pages that were created violating policy to get a higher price....
Seller_LImVvUWeyiCfQ
To help with this hijacking, look up the product on Wayback. Hopefully there will be an archived page showing the correct brand that will help your case.
Troy_Amazon
Hi @Seller_Bn1TQ0UhZ1cRN,
Thank you for your post. Based off information you have provided, I see that you are dealing with a Trademark issue. Based off the content of the post, it seems your issue is falling in the "Received Intellectual Property" violation category. If the violation is showing in a different category, please let us know so we may provide the proper guidance (appeal paths will vary depending on the violation category). Additionally, trademark complaints come in either the "Trademark" or Trademark on Product Detail Page" variants. Please share which of these you seeing as the appeal path differs here as well.
Having said this, please consider the following questions:
- Have you taken any other action other than attempting to contact the right's owner, have you taken any further action?
- You mentioned invoices, have you submitted these? If so please share the outcome of the review here in the thread.
- Do you have any other supporting documentation such as a Letter of Authorization or Licensing Agreement?
- Do you have a way to prove that your product is differing from the trademark that is supposedly being infringed against, and the product in question is not the same item in the rights owner complaint?
Please feel free to reach out with any further questions or account updates, and we will assist you as best we can.
Regards,
Troy
Seller_lf9uUHioT0QnI
I am dealing with the exact same thing (different product) and have not been able to get this resolved.
Seller_waD5es6ha7259
I have had this issue come up in the past.
I had to take pictures of:
1) item out of package
2) item in package from each side
3) Close up of the UPC Code with the manufacture information next to it
Then reference the ASIN and the UPC code matching it, then say "in picture number 3 UPC code 1-11111-11111-1 next to manufacturer information "Acme Labs" matches the brand listed on the ASIN, Also, pictures of item in and out of box match images on the ASIN, Note attached invoice showing UPC and manufacturer information matches my address on record. There is no IP violation.
This like everything else takes 4 or 5 submissions to get resolved.
Just be short, direct and guide the associate as they have 3-5 minutes to review and after that will just pass it on as "More information needed".
Seller_Ti3qhnJZeagAA
call the account health team, it says contact us on your account health page
Seller_8MqolvJx9jOmx
I deal with this all the time since I sell collegiate items. You need to appeal. No matter how many times Amazon denies your appeal keep sending message s on your case until they finally forward it to a management specialist. It usually take 6-9 attempts to be able to get the correct person to fix it. Provide a Letter of Authorization from the rights owner or licensee of the product. Be persistent.
