Amazon Intellectual Property Attorneys

An intellectual property notice on Amazon is a legal claim delivered through a customer service interface. Someone has asserted that your listing infringes their trademark, copyright, or patent, Amazon has removed the ASIN and recorded a strike against your account, and you now have days rather than weeks to respond before the next notice compounds the problem.

The critical question is not how to word an appeal. It is whether the claim is correct. A reseller of genuine goods may have a complete defense under the first sale doctrine. A private label seller using a supplier's photography may have no defense at all. A seller facing a design patent claim may be better served by Amazon's patent evaluation program than by any appeal. These are legal determinations, and getting them wrong is expensive in both directions.

Our firm has registered 293 trademarks and handles enforcement and defense on both sides of these disputes, which means we know what a rights owner's counsel will accept in a retraction negotiation.

How these matters relate

Intellectual property notices sit upstream of most Amazon enforcement. The complaint suppresses the ASIN, the accumulated complaints deactivate the account, and the deactivation freezes the funds.

That is why we treat an IP notice as urgent even when the account is still healthy. Removing one notice early is far cheaper than appealing a deactivation caused by three of them.

Where the rights owner has already filed suit rather than a marketplace complaint, the matter belongs in the litigation pillar, and the two often move in parallel.

Frequently asked questions

Can I sell a branded product I bought legitimately?

Often yes. The first sale doctrine generally permits resale of genuine goods lawfully acquired. The defense weakens where the goods are materially different from what the brand authorized for the market, where warranty or quality controls do not carry over, or where packaging has been altered. Those distinctions decide most reseller disputes.

How long does it take to get an IP complaint removed?

When the complainant agrees to retract, Amazon typically restores the listing within days of receiving the withdrawal. Negotiating that retraction is the variable, and it depends on the rights owner's posture and the strength of your position. Claims that proceed through Amazon's own evaluation programs run longer, generally measured in weeks.

Should I file a DMCA counter-notice?

Only after weighing the consequences. A counter-notice typically includes consent to federal jurisdiction and effectively invites the complainant to file suit within a short window. Where your ownership of the images or copy is clear and documented, it can be effective. Where ownership is uncertain, it converts a listing dispute into a lawsuit.

What is APEX and when does it make sense?

Amazon Patent Evaluation Express is a streamlined program in which a neutral evaluator decides whether an accused product likely infringes a single asserted patent claim. Both sides post a deposit, and the prevailing party is refunded. It is dramatically faster and cheaper than litigation, and it suits straightforward design patent disputes best.

Does registering a trademark protect me from complaints?

It protects you differently than sellers expect. A registration secures your own brand, enables Brand Registry, and makes it much harder for a competitor to claim your name. It does not immunize you against a claim involving someone else's mark on the products you sell, which is a sourcing and authorization question.

Can I recover the money I lost from a false complaint?

Sometimes. Where a complainant knowingly filed a baseless notice that removed a profitable listing, claims for tortious interference and for false statements under the Lanham Act may be available. Recovery depends on provable damages and on evidence of the complainant's knowledge, so preserving sales data from before the takedown is important.