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False Fraudulant Notice of Intellectual Property Rights Infringement Claims

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Hello,

We are the intellectual property rights owner of the ASINs mentioned here and are the sole manufacturer of, and distributor of these item. We have been selling these items on Amazon for more than a decade under our amazon brand registry with no issue. There is quiet literally no legal claim to be made here.

Despite this on December 9th at approximately 7pm PST we were served with this notification:

Hello,

We are contacting you because we received a report of infringement from the rights owner listed below. Sellers on Amazon.com are not allowed to create listings or detail pages that infringe intellectual property rights. We removed the following content:

ASIN: B00PJ2VN6Y, Body Back Company’s Body Back Buddy Trigger Point Therapy Self Massage Tool – Lower Back Massager – Neck Massager – Shoulder Massager – Myofascial Release Tool – Deep Muscle Massage (Black)

We may let you list this content again if we receive a retraction from the rights owner. Their contact information can be found below.

Aaron Moss
kts-law@gmx.com

If the rights owner agrees to retract their complaint, they must send the retraction to us at notice-dispute@amazon.com.
If you believe that the reported content does not infringe the rights owner’s intellectual property rights, you may email notice-dispute@amazon.com with supporting information.

We consider allegations of intellectual property infringement a serious matter and your account is under review. If we receive more complaints about your listings, we may not allow you to sell on Amazon.com.

To learn more about this policy, search for “Intellectual Property Violations” in Seller Central Help.

Complaint ID: 774544791

Sincerely,

Upon just a tiny pit of investigation we proved the email addresses were fake, we reached out the lawyer mentioned who confirmed he had no involvement. We submitted all this to Amazon legal and created many Seller Central cases to hopefully get acknowledgment or have the case escalated.

To date we have not received a single response from Amazon Legal, and the listing is still inactive. Need less to say we entirely missed xmas sales for this ASIN.

We responded as prompted to “notice-dispute@amazon.com”; we had our lawyer right up a legal response and have sent that to Amazon Legal. We went steps further and have sent emails to “seller-performance-policy@amazon.com” and have left multiple messages siting case numbers etc to the given Amazon Legal phone contact 2062664064. (All you can do here is leave a message, and as mentioned, we to date have received no response)

As if this wasn’t bad enough; at approximately 3am Christmas morning we received this:

Hello,

We are contacting you because we received a report of patent infringement. Sellers on Amazon.com are not allowed to create listings or detail pages that infringe third-party patents.

We removed the content listed at the end of this email. We may let you list this content again if we receive a retraction from the rights owner. Their contact information can be found below.

patent_law_nyc@gmx.com
markdaniel@gmx.ca

If the rights owner agrees to retract their complaint, they must send the retraction to us at notice-dispute@amazon.com.

If you believe that the reported content does not infringe the rights owner’s patent, you may email notice-dispute@amazon.com with supporting information.

We consider intellectual property infringements a serious matter, and your account is under review. If we receive more complaints about your listings, we may not allow you to sell on Amazon.com.

To learn more about this policy, search for “Intellectual Property Violations” in Seller Central Help.

ASIN: B0006VJ6TO
Title: Body Back Company’s Body Back Buddy Trigger Point Therapy Self Massage Tool – Lower Back Massager – Neck Massager – Shoulder Massager – Myofascial Release Tool – Deep Muscle Massage (Blue)

Infringement type: Design Patent

Complaint ID: 785789241-3

Sincerely,

We of course are following up in the exact same manner as described for the first false claim, Additionally we have proved beyond a reasonable doubt that this is fraudulent. It also has a fake email and a fake Canadian lawyer claim etc.

I am reaching out to you all here first and foremost in the hopes of advise or support, but additionally to share with you this unfortunate experience. Have any of you experienced anything quite like this?

My company can’t help but feel as though Amazons own systems/algorithms have been taken advantage of by some unscrupulous seller. We are struggling to understand how these claims get through the system without being verified for authenticity. This could have been accomplished by simply vetting their supposed emails addresses.

Anyway, I digress for the moment and await your feedback.

Thank you in advance for taking the time to read and submit to my very troublesome issue.

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Sole Manufacturer can mean two things

We build them down the hall OR we have a guy in China make them for us

Depending on which it is you have different issues.

If YOU build it and have been for a while, then you need to see who holds any TM that can claim infringement. i.e. “Back Buddy” “Trigger Point Therapy” “Body Back Company”

Notice I used Body Back Company – we had a Chinese competitor file 13+ infringement claims by sending SS a TM registration for another company with the same TM. The fact that they were specifically TM for items in a totally different category and field was not even investigated by SS…

A company that has TM a name for car tires, can not file infringement on another with the same name selling paper balls. Unless SS lets them

Patents are another world. If YOU make your items you may be OK. If they are made for you in China you may be screwed. Yes, it may be your design, that doesn’t mean your manufacturer doesn’t use a sub-component someone else patented inside it.

Best bet is dealing direct with Amazon Legal and by pass SS. SS will do what the General Counsel tells them.

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There is no downside for Amazon for accepting bogus claims. Amazon can’t be sued by sellers who get taken out by bogus claims.

The only solution I see is to repeal the laws allowing binding arbitration, and that will never happen as long as Wall Street runs our country.
gmx is a freemail / throwaway email acct service.
Its Amazon policy to accept as valid any infringement complaint no matter how obviously fake it is.
This thread started Monday has some good info
https://sellercentral.amazon.com/forums/thread.jspa?threadID=331253&tstart=75&start=15

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