72-hour notices for intellectual property rights complaints and how we resolve these for Amazon Sellers. A client received a 72-hour IP complaint performance notification. Complaints were trademark & counterfeit. The performance notification says to reach out to the rights owner and provide a plan of action within 72 hours. All for a drop shipper.
Reach out to the rights owners and try and get a retraction. It always helps. Draft a strong notice dispute appeal. Invoices help because notice dispute always requests proof of authenticity.
Even if it goes past the 24 hours, it's usually OK. Consider drafting a POA to notice dispute simultaneously with getting retractions, address it with inauthentic invoice type plans of action.
Rights owners don't always respond within 72-hours Provide a plan for the notice dispute team that shows Amazon, "Look, we reached out. They either responded or haven't responded yet. We're still working on getting it resolved, but here's a plan of action. Here's proof of authenticity. We have invoices, we're selling genuine products."
Treat it almost like an inauthentic counter-notice, right? Reach out to the rights owner simultaneously.
Treat it like an inauthentic, but sending it to notice dispute. I think showing that you reached out helps strengthen the notice dispute appeal. It just shows Amazon you're taking action.
I suggest you reach out to the rights owner asap. If you don't get a response, check the USPTO and see if they actually are the rights owner
If it is a spoof email, that only helps our client because then we can provide that to Amazon and say, "Hey, is this really a real rights owner? And now it seems like our account's going to suffer because we got this complaint 72 hours and we have an email to reach out to the rights owner, but now it's a fake email."
If the email gets kicked back, take a screenshot You can even put that in the plan. This screenshot.
In the plan of action last week, I took the pictures, the screenshots, and stuck them right into the plan of action, and as attachments.
You think attachments are better or sticking them right in the plan of action? I think sticking them in and attaching them. We've seen many times where a client has sent in invoices attached or a retraction attached and Amazon requests the information over and over again. It's as if they read your plan but they don't actually look at the attachments, so it's always great to put it right in the plan, so that way they can't miss it.
From the arbitrations, we've learned about quotas at Amazon. We don't know what the quotas are, but these people in India have quotas at how many plans of action they have to get through. So I think to stick it right in there, whether it's a 72-hour one or another one.
Some of our clients have a lot of invoices. Sometimes it's just too much. We often summarize and just put the retraction right in the plan of action.
All right. Let me just take us full circle and then we'll wrap up this video. 72-hour notices for IP complaints and I didn't realize when we spoke earlier that it was multiple complaints to deal with all 72 hours. We are very adept and fast at doing this. In fact, with many, many brands, we already have a connection with their brand managers and their legal departments. So we can absolutely handle it, but it doesn't have to be handled by us. But our recommendation is one, try and get retractions. Here I go with my hands again. Try and get retraction. I'm just going to go with it. Try and get retractions, simultaneously prepare as if it's inauthentic, but send it to notice dispute to show these are genuine products.
If the email gets rejected, take a screenshot to show the complainant, it's a spoof email address, and check uspto.gov to find out who is the actual rights owner.
This is one of the benefits you have if you do use us or you're watching our videos is that the collaborative effort, the brains, the education, the experience of Dana and Ashley and the whole rest of our team are here to help sellers all over the world. And also, check our website, amazonsellerslawyer.com. We are now the single largest depository of free information for Amazon sellers anywhere on earth.
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