As an attorney I have represented clients in this exact situation - false counterfeit and infringement claims - and while most are resolved without litigation, I have won a judgment against the party making the malicious complaint.
The amount of damage they did with literally no recourse from Amazon is disgusting, really. This feature can easily be weaponized based on its current accountability.
1000% @Stonebridge1980 - that a seller can make a false claim, and amazon does nothing to penalise them while your business is shut down for 3 months, and costs you $11K in legal fees to reinstate it is an abombination. I have given Amazon my legal bills for compensation in order to push for some change, but after 12 weeks still in a holding pattern.
At least in the UK, you have legal recourse for bad actors falsely weaponising IP. The issue of course is in dealing with foreign actors particularly in territories such as China where it becomes much more problematic..
@@BrandonMYoung preparing to launch about 25 new designs for Q4 and undertaking a massive catalog restructuring project. Would LOVE to get your opinion on our strategy.
One of my favorite techniques is to talk to the attorney or patent agent BEFORE you move forward with product development so that you know how to differentiate in a way that's protectable. Then of course verify that with the market... Thank you both so much as always for sharing your experience for all of us to learn. Jennifer, I LOVED hearing from you too! You should come on more often!
Congrats on getting your account back! Tthis is further proof of why we need multiple streams of income. With Amazon, especially as of the last few years, it’s very insecure so we have to put our eggs in multiple baskets. We’ never know when it may become permanent. Amazon is this unpredictable. That’s scary! Congratulations again!
Yeah, multiple streams of income through different platforms, maybe even creating our own marketplace. After all, third party sellers account for more than 60% of Amazon sales.
There are many lawsuits against Amazon from the DOJ ie buybox manipulation etc. I have yet to see one regarding seller support/suspensions. There are 1000's of sellers going through this everyday!
That's a fantastic idea. We're confident we have THE best solutions for Amazon sellers, and this will be a big one! I'm just glad to be part of such a great community in Seller Systems to help get back online!
Your ass is only as good as your product, if you can't patent and brand the shit out of it, and you are open to be abused. It's a hard world. Amazon t times can be a minefield of troubles. Lessons. 1. Patent your shit and trademark in China, stop people even attempting to sell your brand. Cost is small it's quick to do. Ask apple about iPad trademark! 2. Register your listing text with USA copyright office. (three times I've used this and had other listings suspended, and they cried like babies) 3. Speak to sellers doing any abuse before telling Amazon first, some really are thick as shit and no idea about copyright or laws. 4. Don't stress out. Amazon can give you bad sleep over worry.
Amazon sucks and seeing you guys go through this hurts and makes me worried about continuing my Amazon path. It's coming to an end close to game over as Amazon sellers... Don't think it's worth the hassle and heartache
It's still the best distribution channel by a long shot. Very glad to have built on the platform. We're just getting warmed up. You just need the right plan and tools to succeed.
Sorry you both had to experience these difficulties and frustrations! Hopefully this is ultimately a stepping stone to not just grow, but build stronger 💪 Also - more “Jennifer Gems & Insight”
In my experience, even with a utility patent, you will have say 10 claims under it, but APEX only allows you to select 1 x claim to submit - even apex and a utility patent is not a sure protection either.
Congratulations! But the infuriating part is that Amazon will never take responsibility for their wrong doing and/or compensate you for the unjust damages they allowed to happen to you.
But we still don't know which MAIN action to help to RESTORED? Is it more affective contact with seller support again and again or out of Amazon actions? Thanks for Sharing this type of positive video.
Thanks for your patience! This comment got buried! Do me a favor and submit your specific question here: sales.sellersystems.com/seller-systems-youtube-1
One of my Listings got taken down for Copyright/Trademark Infringement. Would you happen to know an Expert or recommend a Service Provider who can help reinstate my listing?
This is a great question for Brandon! The best way to get answered is through office hours, and/ or this question submission form: share.hsforms.com/15G9QIgTgQjyMovgbql9XdAoap57
That's despicable. As a friendly counter punch, you should def pursue a trademark in China as the first-to-file country for whatever they do/their brand name etc. (assuming they've missed it themselves) and banish them from producing any goods under their own brand in China in the first place. ;)
Does anyone happen to have an Amazon account they no longer utilize? I'm interested in purchasing one, and I'd appreciate it if someone would kindly reach out to me. Thanks in advance!
Congrats both of you. It is reflection time and I think one of the organizational change you can make it is to have a professional Risk Manager. It is their job to highlight and bring into discussion what can go wrong in future with different grey areas so management can make a calculated decision based on projected impact (severity vs probability).
@@eshu89 I am talking about technical part. They can easily increase the volume and re upload. I was amazon kdp author for 10 years and my whole family was run by it and suddenly they terminated my account. So don't dare to teach me. OK?
Work with us! hubs.li/Q02H5qkM0
As an attorney I have represented clients in this exact situation - false counterfeit and infringement claims - and while most are resolved without litigation, I have won a judgment against the party making the malicious complaint.
On linkedin
Adam Engel
Great to know Adam!
There should be a penalty placed on the person found to be making the false claim by Amazon. Not right that people can get away with that.
The amount of damage they did with literally no recourse from Amazon is disgusting, really. This feature can easily be weaponized based on its current accountability.
1000% @Stonebridge1980 - that a seller can make a false claim, and amazon does nothing to penalise them while your business is shut down for 3 months, and costs you $11K in legal fees to reinstate it is an abombination. I have given Amazon my legal bills for compensation in order to push for some change, but after 12 weeks still in a holding pattern.
At least in the UK, you have legal recourse for bad actors falsely weaponising IP. The issue of course is in dealing with foreign actors particularly in territories such as China where it becomes much more problematic..
Strong opinion that it's also not right that Amazon gets away with this - their reporting system etc has been flagrantly broken for decades.
Totally agree!
Glad you're back in business! Good ideas on hedging accounts and entities.
You know it! Have you been through this before? how'd you get through it?
The anxiety around the concentration risk is super super relatable to us as established sellers. Please keep us updated on how you plan to address it
I'll be sharing here, and certainly in the mastermind community! Iron sharpens iron! Did you overcome any challenges this week?
@@BrandonMYoung preparing to launch about 25 new designs for Q4 and undertaking a massive catalog restructuring project. Would LOVE to get your opinion on our strategy.
What an amazing viewpoint Jennifer! You definitely could start from scratch if you had to. I'm so glad you didn't but that is an awesome mindset.
Thanks for the encouragement!
Fantastic news. Glad you're back online! Thanks for sharing the experience for others to learn from.
We're just honored to share our experience so others can learn valuable lessons!
One of my favorite techniques is to talk to the attorney or patent agent BEFORE you move forward with product development so that you know how to differentiate in a way that's protectable. Then of course verify that with the market...
Thank you both so much as always for sharing your experience for all of us to learn.
Jennifer, I LOVED hearing from you too! You should come on more often!
Great tip! honored to share knowledge. Let's go crush it!!
We are all here to support you on your journey as you support us! ❤
Much love! Stronger together!
Love to hear from you both. Thanks for sharing.
Glad to share our experience! Have you ever gone through anything like this?
More Jenifer! Relieved this was resolved for you both.
I'm a lucky man!
Congrats on getting your account back! Tthis is further proof of why we need multiple streams of income. With Amazon, especially as of the last few years, it’s very insecure so we have to put our eggs in multiple baskets. We’ never know when it may become permanent. Amazon is this unpredictable. That’s scary! Congratulations again!
Totally agree
Yeah, multiple streams of income through different platforms, maybe even creating our own marketplace. After all, third party sellers account for more than 60% of Amazon sales.
Agreed, although I still believe Amazon provides great, unprecedented opportunity.
There are many lawsuits against Amazon from the DOJ ie buybox manipulation etc. I have yet to see one regarding seller support/suspensions. There are 1000's of sellers going through this everyday!
The silver lining is now we know how to get through it, and can better serve our community members!
Glad you’re back online Brandon!
Thanks man. Appreciate that
Back in action!
That's cool, thanks for sharing. Congrats
Thanks for watching!
More power to you guys. This is part of the game! Love the gratitude & resilience.
You know it! Having a great support system is key!
Love Jenifer and she has so much to both gain from and give to our community. Bravo
I feel the same way!
Hi Jennifer 🎉
Hi!
Tim Jordans philosophy of fly a fleet of cessnas rather than a an A380 is a great opportunity.
Pros and cons, but at this stage with the knowledge, tools, and wisdom from the Seller Systems community, it's time to expand!
Having that AZ department delineation module within Seller Systems would be awesome
That's a fantastic idea. We're confident we have THE best solutions for Amazon sellers, and this will be a big one! I'm just glad to be part of such a great community in Seller Systems to help get back online!
Huge result well done, such a relief an what a fighting team you are. well done.
Feels good to be through it!!! Thanks for the support!
Your ass is only as good as your product, if you can't patent and brand the shit out of it, and you are open to be abused. It's a hard world.
Amazon t times can be a minefield of troubles.
Lessons.
1. Patent your shit and trademark in China, stop people even attempting to sell your brand. Cost is small it's quick to do. Ask apple about iPad trademark!
2. Register your listing text with USA copyright office. (three times I've used this and had other listings suspended, and they cried like babies)
3. Speak to sellers doing any abuse before telling Amazon first, some really are thick as shit and no idea about copyright or laws.
4. Don't stress out. Amazon can give you bad sleep over worry.
Great action steps Michael!
Going forward am certain going wider into multichannel once yu reach a certain size is critical for risk mitigation.
Brandon, can you share -how you reached the higher ups at Amazon and -who were your lawyers?
Both Yael Cabilly and Paul Rafelson are lawyers and had legal department contacts. Their services aren’t cheap but can be very effective.
For non legal, Chris McCabe helped us too. He used to work at amazon and he has a lot of contacts.
More Jennifer!
Amazon sucks and seeing you guys go through this hurts and makes me worried about continuing my Amazon path. It's coming to an end close to game over as Amazon sellers... Don't think it's worth the hassle and heartache
It's still the best distribution channel by a long shot. Very glad to have built on the platform. We're just getting warmed up. You just need the right plan and tools to succeed.
Hope Jenifer will be at SSF in Singapore
Sorry you both had to experience these difficulties and frustrations!
Hopefully this is ultimately a stepping stone to not just grow, but build stronger 💪
Also - more “Jennifer Gems & Insight”
Noted! Challenges are part of growth though right?!
Brandon
My Ip attorney informed me that Apex can only challenge a utility patent not a design patent and probably wont be available for TM disputes.
Yeah they need a fast judgment system for TMs
In my experience, even with a utility patent, you will have say 10 claims under it, but APEX only allows you to select 1 x claim to submit - even apex and a utility patent is not a sure protection either.
Great point, thanks for the insight! Hopefully, we won't need to go through this again, but it's good to plan for the future right?
Congratulations! But the infuriating part is that Amazon will never take responsibility for their wrong doing and/or compensate you for the unjust damages they allowed to happen to you.
I'm just thrilled they restored my account and grant the best marketplace for sellers
@@BrandonMYoung Way too kind to them
But we still don't know which MAIN action to help to RESTORED? Is it more affective contact with seller support again and again or out of Amazon actions? Thanks for Sharing this type of positive video.
Thanks for your patience! This comment got buried! Do me a favor and submit your specific question here: sales.sellersystems.com/seller-systems-youtube-1
More Jenifer !!
Noted!
One of my Listings got taken down for Copyright/Trademark Infringement. Would you happen to know an Expert or recommend a Service Provider who can help reinstate my listing?
This is a great question for Brandon! The best way to get answered is through office hours, and/ or this question submission form: share.hsforms.com/15G9QIgTgQjyMovgbql9XdAoap57
Whats the product name? :) :)
That's despicable. As a friendly counter punch, you should def pursue a trademark in China as the first-to-file country for whatever they do/their brand name etc. (assuming they've missed it themselves) and banish them from producing any goods under their own brand in China in the first place. ;)
Not a bad idea!
Jennifer
She's amazing!
More Jennifer!
Noted! She's amazing!
Congrats, let me know if anything else you need help in China.
Really appreciate that!
wecolme back
Glad to be back! Did you overcome any challenges this week?
@@BrandonMYoung Everyday, improving bit by bit and it's paying off
Does anyone happen to have an Amazon account they no longer utilize?
I'm interested in purchasing one, and I'd appreciate it if someone would kindly reach out to me.
Thanks in advance!
Very Very low sound. I think you should increase sound and reupload again.
Lol you don't see the pain, this only a seller feels what they both gone through
Congratulations Brandon , I was so worried about this issue , very happy it’s all resolved 🎉
Congrats both of you. It is reflection time and I think one of the organizational change you can make it is to have a professional Risk Manager. It is their job to highlight and bring into discussion what can go wrong in future with different grey areas so management can make a calculated decision based on projected impact (severity vs probability).
@@eshu89 I am talking about technical part. They can easily increase the volume and re upload. I was amazon kdp author for 10 years and my whole family was run by it and suddenly they terminated my account. So don't dare to teach me. OK?
more jennifer!
I'm gonna try to get her back! 😀