My product is not the same as the suer's patented product, but I'm being sued for infringement by Amazon
Has anyone else had the same thing happen as me, I have a couple of links to my store that are said to be infringing and banned, but I've read that the patents of the companies that are suing us for infringement are completely different from our products. I'm very torn right now and I'm going to file a complaint with Amazon, but I don't know what to do. Does anyone have any advice on this? Thank you very much!
My product is not the same as the suer's patented product, but I'm being sued for infringement by Amazon
Has anyone else had the same thing happen as me, I have a couple of links to my store that are said to be infringing and banned, but I've read that the patents of the companies that are suing us for infringement are completely different from our products. I'm very torn right now and I'm going to file a complaint with Amazon, but I don't know what to do. Does anyone have any advice on this? Thank you very much!
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Emet_Amazon
Hello @Seller_c9YaVGjFvX4dP,
Thank you for posting your concern with what appears to be an intellectual property complaint.
Typically when it comes to complaints, we receive them from the brand, rights owners, or representatives using the report infringement process. Due to this and the nature of it being a patent infringement, you will need to work with your legal council to ensure the issue is resolved externally, or in some situations show supporting evidence that your product does not violate their patent. Please additionally keep in mind that there are different type of patents such as design and utility that need to be reviewed.
You can see our intellectual property policy for sellers which similar guidance:
Patent infringement:
- Reply to the notification you received, with specific reasons as to why you believe a mistake was made. You may also provide a court order demonstrating that your product is non-infringing or that the asserted patent is invalid or unenforceable.
Since you mentioned this resulting in a lawsuit, additional documentation may not be accepted by us as we will require a resolution from the courts. Depending on the decision made by the courts listings and funds may eligible for be released.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.