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Patent issue on Amazon - what shall I do?

by andrejka007
3 replies
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Hi all, I have just received the following message in my seller account:

***** YOU ARE IN VIOLATION OF US PATENT ....... **** **

My client, ...... Ltd, the manufacturers of ........ products has reported that your company is selling counterfeit product due to patent infringement. Further, Amazon patent department has been notified of your activity.

....... Ltd, the manufacturers of ......... products, have patent protection
so no-one else can make or sell ......... based on US Patent no is .......

The patent is owner, whom has given ........ the EXCLUSIVE rights to act on their behalf.

Our legal department are extremely focused on taking strong legal action
in any such cases. We ask you for your help to resolve this matter by
helping us to get to the source of the problem.

We need you to supply us with the name and contact details of the supplier
you purchased the items in question from, in addition to a copy of the
purchase invoice from this supplier for when you purchased the goods.

We ask you to simply immediately discontinue sales and likely direct any further
action against your supplier rather than yourselves.



The item that this refers to is a home & kitchen product, and have seen countless other sellers selling the same item under their own private label brand. And they seemed to sell lots of them as they all have hundreds of reviews.
I was never aware there was a patent on it, I only checked whether the brand name is in use. Also, I checked the supplier prior to ordering my first order and they seemed legitimate. They're selling products to many big brands like Target etc..
Just as info, the patent is only on 1 part of the product, not the whole product. So my product is different in colour and the material was used is also different.

I've already chatted to Amazon and apparently I won't land in hot waters because of this, as long as I resolve this issue with the company that contacted me.

My question is - what shall I do? This was my first product and started to sell quite well with the help of PPC, but still have plenty more in stock. Do I have to delete this from my inventory? If yes, where do I send them? Back to the manufacturer? Would I receive a refund? Should I receive a refund? If not, is this my loss (yet again)?

This Amazon FBA business is proving tougher than I thought.

Thank you for any advice.
#amazon #issue #patent
  • Profile picture of the author ZanyZebra
    Originally Posted by andrejka007 View Post

    Hi all, I have just received the following message in my seller account:

    ***** YOU ARE IN VIOLATION OF US PATENT ....... **** **

    My client, ...... Ltd, the manufacturers of ........ products has reported that your company is selling counterfeit product due to patent infringement. Further, Amazon patent department has been notified of your activity.

    ....... Ltd, the manufacturers of ......... products, have patent protection
    so no-one else can make or sell ......... based on US Patent no is .......

    The patent is owner, whom has given ........ the EXCLUSIVE rights to act on their behalf.

    Our legal department are extremely focused on taking strong legal action
    in any such cases. We ask you for your help to resolve this matter by
    helping us to get to the source of the problem.

    We need you to supply us with the name and contact details of the supplier
    you purchased the items in question from, in addition to a copy of the
    purchase invoice from this supplier for when you purchased the goods.

    We ask you to simply immediately discontinue sales and likely direct any further
    action against your supplier rather than yourselves.



    The item that this refers to is a home & kitchen product, and have seen countless other sellers selling the same item under their own private label brand. And they seemed to sell lots of them as they all have hundreds of reviews.
    I was never aware there was a patent on it, I only checked whether the brand name is in use. Also, I checked the supplier prior to ordering my first order and they seemed legitimate. They're selling products to many big brands like Target etc..
    Just as info, the patent is only on 1 part of the product, not the whole product. So my product is different in colour and the material was used is also different.

    I've already chatted to Amazon and apparently I won't land in hot waters because of this, as long as I resolve this issue with the company that contacted me.

    My question is - what shall I do? This was my first product and started to sell quite well with the help of PPC, but still have plenty more in stock. Do I have to delete this from my inventory? If yes, where do I send them? Back to the manufacturer? Would I receive a refund? Should I receive a refund? If not, is this my loss (yet again)?

    This Amazon FBA business is proving tougher than I thought.

    Thank you for any advice.
    Rule #1 - before launching any product ALWAYS check for patents.

    Okay, so, here's what you may want to do:

    1. Pause the selling of the product.
    2. Check that there IS actually a patent on the product.
    3. Write to your supplier and tell them of the situation.
    4. Ask them if they knew about the patent and whether or not any of their other retailers have had the same issue.
    5. After collecting all the above information, write back to the communicator and tell them of your findings.
    6. Ask for any further clarifications.
    7. If they are indeed the patent owners then i'm afraid you are stuffed.
    8. Move on. Learn. Check the patents on any other products you have.

    Don't ignore the communication. It may be fake. It may not be. You'll have to investigate.

    Good luck.
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  • Profile picture of the author Jack Gordon
    Instead of trying to act like one, you should seek out an intellectual property attorney and get solid legal advice.

    Cheap? No. But who said business was always cheap?
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  • Profile picture of the author DWaters
    Yes the idea of contacting a patent attorney makes sense. Although I would not rule out that the message is fake. I have heard of unscrupulous competitors sending out such fake cease and desist orders.

    You wrote "as long as I resolve this issue with the company that contacted me." Look into the company that contacted you to see if you can learn anything. If there is a patent get the number and look it up. I recently did this (for something that was not Amazon or IM related) and getting patent was very simple. I had it printed and in my hand in two minutes.
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