Helpdesk for Amazon Sellers

What Use Cases Are Most Prominent?

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• + Your Listing Has Been Deactivated Because of Patents, Trademarks or Desgins?

  Our experience shows that direct correspondence with Amazon is often not enough. Instead, it is more effective to either delete the alleged property right or to exert considerable pressure on the complainant to withdraw their complaint.

  
  The procedure: We start, for example, by explaining why there is no entitlement to blocking by showing that your offer is clearly different from the applicable IP right or that the IP right itself is not eligible for protection. We then draft a letter to the other party in which we present these arguments and threaten measures if the block is not lifted. These may include civil action for loss of sales or a negative declaratory action.

  
  We also send this letter to Amazon, which occasionally results in Amazon unblocking the listing based on the arguments raised.

  
  If necessary, we can also take direct action to have the IP right removed or apply for an injunction against the complainant, which in the past has successfully resulted in listings being quickly unblocked.
  In order to carry out these measures, we require from you, among other things, forwarded messages from Amazon, information about the complainant, arguments to distinguish your offer from the property right and the ASINs concerned.

• + Design Protection

  To protect your design, it is important that it is new and unique worldwide at the time of application. This means that your design must clearly differ in its overall impression from existing designs. In addition to details of the applicant and owner, we also require high-quality illustrations of the design for the application, ideally in the form of line drawings for the most comprehensive scope of protection.
  After filing, your design will normally be published shortly afterwards, unless you explicitly request delayed publication, for example to protect commercial interests.
  To protect your design in Germany, the application is filed with the German Patent and Trade Mark Office (DPMA). If you want broader protection in the European Union, a Community design can be registered with the European Union Intellectual Property Office (EUIPO). For global protection, national applications can be filed in the respective countries, or you can use the International Design under the Hague Agreement, which allows you to apply in several countries at the same time.
  Please let me know which geographical scope you are considering for the protection of your design so that we can work out the most suitable strategy.

• + A competitor is selling counterfeit products and you want to block the listing?

  We are happy to support you if you want to block a listing due to one of your property rights. This also includes a test purchase and correspondence with Amazon.

• + What to do if your Amazon listing is blocked due to an abusive design?

  Imagine waking up one morning and discovering that your successful Amazon listing is suddenly blocked. The reason? An alleged design right claimed by a competitor, even though similar products were being sold long before the design was registered. This scenario is not uncommon and is a huge injustice for honest sellers who are suddenly faced with a massive loss of sales. We know how some players abuse EU design law to eliminate competition and what steps you can take to defend yourself and unblock your listings. But what if the usual approaches fail and Amazon only responds to your complaints with pre-formulated answers? We can help you to defend yourself effectively and get your listings unblocked very quickly.

  Translated with DeepL.com (free version)

• + Grey Market Goods

  Have you been attacked by a trademark owner even though you sold original goods? Were these goods originally intended for the EU market? What distributor did you buy from? We help you sort this out.

• + How can you successfully enforce design rights even if you have not registered a design?

  Have you created the design yourself and brought the product onto the market within the last 3 years? Then you may be able to claim a so-called unregistered Community design! 

• + How can I get goods detained by customs back into circulation and prevent the goods from being destroyed?

  Your goods have been detained by customs? Are you allegedly infringing the property rights of the rights holder? Now you need to act very quickly. The deadlines are usually only a few days to prevent the destruction of the goods. We can help you find a solution with the rights holder.