Unblock Amazon suspension? IP Lawyer helps with Amazon problems

Amazon sellers (dealers on the Marketplace) frequently contact our specialized German Patent and Intellectual Property Law Firm due to an “Amazon warning” from third parties or the blocking of a product or offer / “ASIN suspension” on the German Amazon marketplace Amazon.de or in further countries. In matters like this, we have already supported many sellers with the reactivation of the offered product, stopping of the suspension or the unblocking of the ASIN (reactivation of an ASIN) and are also looking forward to assist you!

Frequently, the following cases and infringement allegations lead to a warning or blocking of Amazon offers:

Design law

Alleged design infringement of a protected design patent or a European community design right (sometimes also based on an apparently invalid design, which can then be challenged in a cancellation proceeding)

 

Trademark law

Alleged trademark infringement of third-party trade marks such as brand names, protected logos, rights to a name, etc. (sometimes also based on a merely descriptive trademark use)

➔ For your own products, it is recommended that you register your own German trademark and enroll it into the Amazon Brand Registry

 

Copyright law

Alleged copyright infringement, e.g. by copying product photos, product illustrations / drawings / sketches or product descriptions (often without further specification)

 

Patent law & utility model law

Alleged infringement of technical industrial property rights (patent infringement or utility model violation) (in some cases also without the infringement being traceable)

Unfair competition law

Alleged violation of German unfair competition law due to misleading advertising, due to missing or wrong product labeling (e.g. in the case of textiles according to the Textile Labelling Act (TextilKennzG) or according to the Product Safety Act (ProdSG)), due to an incorrect use of signs, marks and seals (such as the CE sign, TÜV certificate, Oeko-Tex Standard 100, organic, etc.), due to missing or incomplete information in the offer (e.g. in the imprint or the cancellation policy, etc.) or manipulated, false or purchased reviews, etc.

Procedure in case of an ASIN blocking or the suspension of a product on Amazon:

First of all, in cases of a product blocking on Amazon (AMZ suspension), it is recommended to analyze and examine the alleged infringement (examination of possible violations of industrial property rights, such as patents, designs, trademarks and copyrights or infringements of competition law / advertising law).

If the alleged violation turns out to be unfounded, for example the following options are available:

  • Contact the sender of the product suspension (ASIN suspension) on Amazon.de or his IP Lawyer or Patent Attorney
  • Contact with Amazon to activate the offer, reactivate an ASIN or recreate a product listing
  • Attack on (invalid) intellectual property rights (e.g. application for design cancellation at the GPTO / DPMA or at the EUIPO as design cancellation application against EU design / community design)
  • Assertion of counterclaims (e.g. claim for damages in case of unauthorized blocking)

Feel free to contact our Patent Attorney’s Office and IP Law Firm with Patent Attorney (German Patent Lawyer, European Patent, Trademark and Design Attorney) as well as German Lawyer (specialist attorney for intellectual property law) with years of experience of handling problems on the platform Amazon (including the fields of trademark law, design law / design patent law, patent law, utility model law, unfair competition law, etc.), if you need more information or assistance with legal issues on the Amazon marketplace.