Online selling platforms such as Amazon and Etsy have certain processes to police and protect against intellectual property right infringement. When those processes are used fairly, they work well to protect the IP rights-owner. Unfortunately, many of those processes are susceptible to abuse and some sellers use them unfairly to prevent fair competition.
We often see online sellers filing groundless intellectual property complaints against their competitors’ accounts or product listings to get them suspended. If you’re a seller on an online platform such as Amazon, Etsy, Shopify or eBay and a groundless complaint has been made against you, we can help.
How Can We Help When Your Account Or Listing Has Been Suspended?
There’s a perception among IP rights-owners and their service providers that filing groundless or exaggerated complaints carries no risk for them. That perception is wrong.
We have the legal expertise to be able to identify and explain those risks to businesses which file complaints without good reasons. We also have commercial experience of using those risks as leverage to persuade those businesses to withdraw groundless or exaggerated complaints, resulting in the lifting of suspensions.
As a seller, it may feel impossible to get someone to retract a groundless IP complaint. The processes which the platforms require sellers to follow can be confusing and appear to leave no fair options to contest the complaint.
- We can help you to navigate those processes to increase the prospect of getting your listing and/or account reinstated.
- Most importantly, we can help you to assess the commercial and legal implications of the options available to you, and make a properly informed decision about how to proceed.
Why Choose Irwin Mitchell?
Listing suspensions, or even suspensions of entire accounts, can have a massive impact on turnover and profitability. Losses can quickly mount up and will increase for as long as the suspension remains in place. We can help you to understand and deploy the most suitable options quickly, to minimise your losses as far as possible.
We may also be able to help you recover some of your lost margin from whoever made the complaint, depending on the content of that complaint and the allegations made in it.
We’re a team of dedicated and persuasive intellectual property specialists, who’ll work with you to achieve your desired goals. The first thing we do is listen to you and understand your business and the outcome you’re looking for. This means that our approach is always considerate and tailored to you.
When you work with us, you’ll benefit from our strategic expertise as well as our legal knowledge, and we’ll be flexible around your changing circumstances.
Please call our intellectual property team on 0808 271 2602 or contact us online to find out what we can do for you.
Or, if you’re an IP rights-owner and an online marketplace seller is infringing your IP rights, visit our stopping IP infringement by sellers on online marketplaces page.