Amazon intellectual property complaint: why your listing came down and what to do
The short answer. An intellectual property complaint, an IP complaint, is a rights owner telling Amazon that your listing infringes a trademark, a copyright or a patent, or that the item is counterfeit. Amazon often removes the listing first and asks questions after. There is no single fix, because Amazon's IP policy gives a different route for each type of complaint. So the first job is to identify exactly which type you received. Disputes about who owns the IP itself belong with an IP attorney, and Market Wize is not a law firm.
An IP complaint can feel personal, because someone has pointed at your business and said you took something. Often the story is smaller and more fixable than it sounds. Sometimes it is not. Let me show you how to tell.
What is an Amazon IP complaint?
It is a notice that a rights owner, or someone acting for one, has reported your listing. The report can be about three broad things:
- Trademark. The name, logo, packaging, or the way the brand is used on your detail page.
- Copyright. Images, text, or other creative content on your page.
- Patent. How the product works, or in the case of a design patent, how it looks.
A fourth case, counterfeit, is often handled as an inauthentic complaint and is reported alongside trademark claims.
Why did Amazon remove my listing for an IP complaint?
Because Amazon acts on valid-looking complaints quickly, and its IP policy says it acts even where a seller infringed without knowing it. The policy also says Amazon terminates the accounts of repeat infringers in appropriate circumstances. That is why one complaint is a listing problem and a pile of them becomes an account problem. See suspended account.
If you are asking whether this was fair, hold that thought. Your best move is not to argue the point with Amazon. It is to learn which type of complaint you have and what the situation actually is.
Can I get the listing back? Can the complaint be retracted?
Sometimes. Amazon's IP policy gives a different route per type of complaint (trademark, copyright, patent, counterfeit). Which route fits is case work.
One public fact: Amazon's Patent Evaluation Express (APEX) is a neutral evaluation for US utility patents only. Design patents and non-US patents are not eligible.
Amazon's own policy says it is not legal advice and recommends a lawyer for specific IP questions, and I agree.
What should I do first?
One quiet step: read the notice for the type of complaint, the complainant and the ASINs, and save a copy. Do not contact the rights owner in anger, and do not relist the same product under a new listing.
Do I need an attorney, or an appeals service?
Both exist for good reasons, and they answer different questions. If the question is whether you infringed, or who owns a patent, trademark or copyright, that is an IP attorney's question. If the question is how to deal with Amazon's process, what Amazon needs from you and how to avoid the complaint becoming an account suspension, that is the Hard Case Desk's work. Where both are needed we will tell you.
What if several complaints have stacked up?
Then the real subject is the account, not the ASIN. Stacked complaints can lead to a suspension or deactivation, and the case has to be built across all of them, including what changed in the business so that it does not repeat. See Section 3 and Amazon account reinstatement and appeal service.
What about counterfeit complaints on my account?
A counterfeit complaint is the most serious of the family. Amazon's funds policy names counterfeit sales among the conduct where it may deactivate an account and withhold funds. Get a review before you answer. See funds held.
How do I avoid the next IP complaint?
Know whose brand, images and designs you are using. After a case is solved, Account Shield is our ongoing protection so the same problem does not come back.
Frequently asked questions
A brand owner filed an IP complaint against my Amazon listing. Can I get it removed or retracted?
Sometimes. Amazon's IP policy gives a different route per type of complaint, and which one fits is case work.
Can I appeal an Amazon intellectual property complaint?
Amazon's policy gives routes for each type, and many are not a plain appeal. Which route fits depends on whether it is trademark, copyright, patent or authenticity.
What should my plan of action for an IP complaint say?
That depends on the facts and the type of complaint, and I do not publish wording. See plan of action for how Amazon reads one.
Does Amazon suspend accounts for counterfeit?
Its policies say it may deactivate an account and withhold funds where it finds counterfeit sales. See inauthentic complaints.
I got a design patent claim. Can I use APEX?
No. APEX is for US utility patents only, so design patents and non-US patents are not eligible. That is a legal question for a patent attorney.
Is Market Wize a law firm?
No. We do not give legal advice.
Can I relist after an IP removal?
Not as a fix. The violation remains until it is addressed.
Can IP complaints cost me my account?
Repeated ones can. Amazon says it terminates repeat infringers in appropriate circumstances.
Talk to Market Wize
If you have an IP complaint, send us the notice. We will tell you straight whether we can help, or whether you need an attorney first. Reach out to us through the contact page at market-wize.com, or start with the free case check at market-wize.com/appeals. General information, not legal advice. Market Wize is not affiliated with Amazon.
Sources
- Amazon Seller Central, Intellectual Property Policy
- Amazon Seller Central, Intellectual Property Policy for Sellers, FAQ about Patents
- Sell on Amazon, Amazon Brand Registry (patent disputes, APEX)
- Amazon Seller Forums, Amazon staff post: Amazon Patent Evaluation Express (APEX) program
- Amazon Funds Disbursement Eligibility Policy