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IP complaint in US
I have had these before, but this one is way different.
Selling action figures from our distributor in Canada. Authorized to sell them in US from distributor and manufacturer.
The complaint for 1 figure came from TV Tokyo (yes a TV station in Japan) through their lawyers in Chicago. The lawyers had a federal court issue a TRO against us.
So AZ blocked the listing AND FUTURE DISBERSMENTS (WTF). Pretty harsh on AZ's side for a 11 year old acct.
As usual, submitted invoice to AZ, but they rejected. Did a call through acct health. They said the only way to clear it is through the right's owners lawyers.
Anybody else have this happen, and what were the results.
Currently working with distributor (who is working with manufacturer) to try and get this resolved and will be contacting the Law Firm.
Account is active, but if they won't pay us, no sense in selling. |
| murdered_by_ebay | 04-18-2024 12:12 PM |
Re: IP complaint in US
in this case you can only stop selling , how much did they freeze? |
| agent006140 | 04-18-2024 12:39 PM |
Re: IP complaint in US
Did you search Ebay and see if others are selling the same figurine?
also go to both AMZN and Ebay seller forum and ask ,You cant be the only seller |
| murdered_by_ebay | 04-18-2024 01:13 PM |
Re: IP complaint in US
Quote:
Originally Posted by agent006140
(Post 1239846)
Did you search Ebay and see if others are selling the same figurine?
also go to both AMZN and Ebay seller forum and ask ,You cant be the only seller
| it does not matter , this is obviously done to take down the competition. amazon see a TRO and will not investigate further , the seller wil need to wait until the TRO runs out and see what happens
TRO means it is temporary and there must be a continuation like a court hearing etc.
I don't know what the TRO states and which court issued it but the worst case scenario is that a state was chosen where such orders can be extended long term so that amazon would not allow the sellers to come back anytime soon
and of course this is a perfect intimidation strategy , any seller who was taken down this way just for a few months would never dare sell anything from that brand on amazon again |
Re: IP complaint in US
Quote:
Originally Posted by murdered_by_ebay
(Post 1239844)
in this case you can only stop selling , how much did they freeze?
| According to AZ, all our money, and future sales. |
| agent006140 | 04-18-2024 02:18 PM |
Re: IP complaint in US
How can you freeze future sales?Have they paid ?
Then AMZN should refund the buyer |
Re: IP complaint in US
Quote:
Originally Posted by agent006140
(Post 1239859)
How can you freeze future sales?Have they paid ?
Then AMZN should refund the buyer
| AZ would be working on the assumption of counterfeit products. Then they can claim all the money. |
Re: IP complaint in US
Had a 15 minute phone call with the law firm who issued the TRO.
They are waiting for sales data from AZ in regards to the 1 figure.
Told them I can supply them with the LOA from both distributor and manufacturer, as well as invoices of purchase, and the sales data that I can pull from AZ.
He was pretty reasonable, and did say that this should only take 2-3 weeks, and did say that if all checks out, they will report back to AZ to remove complaint (will believe that when it happens).
The sad part is, I could be taken down by a Japanese TV Station. Never in my wildest dreams did I think that could happen. |
Re: IP complaint in US
Quote:
Originally Posted by murdered_by_ebay
(Post 1239850)
it does not matter , this is obviously done to take down the competition. amazon see a TRO and will not investigate further , the seller wil need to wait until the TRO runs out and see what happens
TRO means it is temporary and there must be a continuation like a court hearing etc.
I don't know what the TRO states and which court issued it but the worst case scenario is that a state was chosen where such orders can be extended long term so that amazon would not allow the sellers to come back anytime soon
and of course this is a perfect intimidation strategy , any seller who was taken down this way just for a few months would never dare sell anything from that brand on amazon again
| State is probably Il, as lawyers are in Chicago.
The listing in minuscule, only 69 sales in 2 years. Had another similar one to this and already removed and liquidated stock.
As soon as done, the listing comes down because I've had multiple attacks on the same listing before.
Loose 1 listing to save the acct.
PhD |
| murdered_by_ebay | 04-18-2024 02:49 PM |
Re: IP complaint in US
Quote:
Originally Posted by Phd
(Post 1239862)
Had a 15 minute phone call with the law firm who issued the TRO.
They are waiting for sales data from AZ in regards to the 1 figure.
Told them I can supply them with the LOA from both distributor and manufacturer, as well as invoices of purchase, and the sales data that I can pull from AZ.
He was pretty reasonable, and did say that this should only take 2-3 weeks, and did say that if all checks out, they will report back to AZ to remove complaint (will believe that when it happens).
The sad part is, I could be taken down by a Japanese TV Station. Never in my wildest dreams did I think that could happen.
| you will see their intention , does it state what kind of TRO it is? they have an urgent one and other types too |
| MarkLorence | 04-18-2024 05:23 PM |
Re: IP complaint in US
Quote:
Originally Posted by Phd
(Post 1239843)
I have had these before, but this one is way different.
Selling action figures from our distributor in Canada. Authorized to sell them in US from distributor and manufacturer.
The complaint for 1 figure came from TV Tokyo (yes a TV station in Japan) through their lawyers in Chicago. The lawyers had a federal court issue a TRO against us.
So AZ blocked the listing AND FUTURE DISBERSMENTS (WTF). Pretty harsh on AZ's side for a 11 year old acct.
As usual, submitted invoice to AZ, but they rejected. Did a call through acct health. They said the only way to clear it is through the right's owners lawyers.
Anybody else have this happen, and what were the results.
Currently working with distributor (who is working with manufacturer) to try and get this resolved and will be contacting the Law Firm.
Account is active, but if they won't pay us, no sense in selling.
| I have a similar situation on a t ro -on ama zon , initially some funds i had were gone to them now my account is still active but i stopped sell just in the market affected ,usually they should ask for an amount until is not paid or can contact to find an agreement |
| yobar | 04-18-2024 11:19 PM |
Re: IP complaint in US
This type of activity that is carried out to kill the competition closes the real possibilities for some of us to continue selling on Amazon, it is similar to what eBay does with the Vero. What we should do is remove the products and look for new ones quickly. |
| SaiJin | 04-18-2024 11:49 PM |
Re: IP complaint in US
Quote:
Originally Posted by Phd
(Post 1239862)
Had a 15 minute phone call with the law firm who issued the TRO.
They are waiting for sales data from AZ in regards to the 1 figure.
Told them I can supply them with the LOA from both distributor and manufacturer, as well as invoices of purchase, and the sales data that I can pull from AZ.
He was pretty reasonable, and did say that this should only take 2-3 weeks, and did say that if all checks out, they will report back to AZ to remove complaint (will believe that when it happens).
The sad part is, I could be taken down by a Japanese TV Station. Never in my wildest dreams did I think that could happen.
|
sorry you're going through this.
I think you're on the right path and this sucks,m but it could be a chance to make your account even stronger if everything checks out and restored |
| yobar | 04-18-2024 11:58 PM |
Re: IP complaint in US
Quote:
Originally Posted by Phd
(Post 1239843)
I have had these before, but this one is way different.
Selling action figures from our distributor in Canada. Authorized to sell them in US from distributor and manufacturer.
The complaint for 1 figure came from TV Tokyo (yes a TV station in Japan) through their lawyers in Chicago. The lawyers had a federal court issue a TRO against us.
So AZ blocked the listing AND FUTURE DISBERSMENTS (WTF). Pretty harsh on AZ's side for a 11 year old acct.
As usual, submitted invoice to AZ, but they rejected. Did a call through acct health. They said the only way to clear it is through the right's owners lawyers.
Anybody else have this happen, and what were the results.
Currently working with distributor (who is working with manufacturer) to try and get this resolved and will be contacting the Law Firm.
Account is active, but if they won't pay us, no sense in selling.
| Does the manufacturer of the product you sell own the copyright to that product???
Generally, if they do not have ownership of the copyright, it will be difficult to solve that. |
Re: IP complaint in US
Quote:
Originally Posted by murdered_by_ebay
(Post 1239868)
you will see their intention , does it state what kind of TRO it is? they have an urgent one and other types too
| No it does not, but your posts are helping me to think this through cleaner.
Appreciate the input.
PhD |
| murdered_by_ebay | 04-19-2024 02:19 PM |
Re: IP complaint in US
Quote:
Originally Posted by Phd
(Post 1239899)
No it does not, but your posts are helping me to think this through cleaner.
Appreciate the input.
PhD
| but it must say what the expiration date is? |
Re: IP complaint in US
Quote:
Originally Posted by murdered_by_ebay
(Post 1239936)
but it must say what the expiration date is?
| Have only been told by AZ on the original email from AZ that a TRO is issued.
You have given me the idea to ask for a copy from the lawyers.
Thanks! |
| Automasters | 04-19-2024 06:39 PM |
Re: IP complaint in US
This is what happens sadly when you sell on a platform owned by lawyers. You get screwed either way |
| murdered_by_ebay | 04-19-2024 07:41 PM |
Re: IP complaint in US
Quote:
Originally Posted by Phd
(Post 1239966)
Have only been told by AZ on the original email from AZ that a TRO is issued.
You have given me the idea to ask for a copy from the lawyers.
Thanks!
| if this is a US case it would be better for you to get the case number and get direct access through court website , in general it is a very bad idea to be in contact with lawyers who represent your opponent
even if your distributor is authorized to sell in North America you do not know what it is all about , for example there may be a dispute regarding whether they are indeed authorized and if they turn out to be in violation all their resellers may be too |
Re: IP complaint in US
Quote:
Originally Posted by murdered_by_ebay
(Post 1239973)
if this is a US case it would be better for you to get the case number and get direct access through court website , in general it is a very bad idea to be in contact with lawyers who represent your opponent
even if your distributor is authorized to sell in North America you do not know what it is all about , for example there may be a dispute regarding whether they are indeed authorized and if they turn out to be in violation all their resellers may be too
| Thanks.
One of their resellers is actually AZ on AZ Canada. We actually get these from the same supplier as AZ Canada, Yet the Lawyers are not taking them done.
Keeping this in the hip pocket for now.
PhD |
Re: IP complaint in US
Quote:
Originally Posted by Phd
(Post 1239987)
Thanks.
One of their resellers is actually AZ on AZ Canada. We actually get these from the same supplier as AZ Canada, Yet the Lawyers are not taking them done.
Keeping this in the hip pocket for now.
PhD
| good info to keep in the bag for future haggling - if needed |
| yobar | 04-20-2024 03:56 PM |
Re: IP complaint in US
Quote:
Originally Posted by Phd
(Post 1239843)
I have had these before, but this one is way different.
Selling action figures from our distributor in Canada. Authorized to sell them in US from distributor and manufacturer.
The complaint for 1 figure came from TV Tokyo (yes a TV station in Japan) through their lawyers in Chicago. The lawyers had a federal court issue a TRO against us.
So AZ blocked the listing AND FUTURE DISBERSMENTS (WTF). Pretty harsh on AZ's side for a 11 year old acct.
As usual, submitted invoice to AZ, but they rejected. Did a call through acct health. They said the only way to clear it is through the right's owners lawyers.
Anybody else have this happen, and what were the results.
Currently working with distributor (who is working with manufacturer) to try and get this resolved and will be contacting the Law Firm.
Account is active, but if they won't pay us, no sense in selling.
| How are your account doing? Can you give a preview of how the case you mentioned is? I would like to know a little more |
Re: IP complaint in US
Quote:
Originally Posted by yobar
(Post 1240038)
How are your account doing? Can you give a preview of how the case you mentioned is? I would like to know a little more
| Acct is 10+ yrs old. Cnd company, export product to AZ USA for FBA. All metrics clean, no acct health issues other than this one. About as good as any seller would like. Health rating of 440.
That's what surprised me about the lock on reimbursements.
PhD |
| Apexpursuit | 04-20-2024 11:01 PM |
Re: IP complaint in US
You can also lawyer up if it comes down to it. I'm not an attorney but I'm pretty sure they will speed up their process if you explain to them how they are hurting your business and they could be liable for damages. |
Re: IP complaint in US
Quote:
Originally Posted by agent006140
(Post 1240047)
Does the Japanese TV station has rights over that particular figurine?
| They must if their lawyers issued a TRO against us from a federal court for an IP complaint.
Will be emailing them for a copy of said TRO.
PhD |
Re: IP complaint in US
Quote:
Originally Posted by Apexpursuit
(Post 1240050)
You can also lawyer up if it comes down to it. I'm not an attorney but I'm pretty sure they will speed up their process if you explain to them how they are hurting your business and they could be liable for damages.
| Have talked to a friend in the US who is an attorney. Just some advise. She just can't take the case because she is not licensed in Chicago.
Have explained to their lawyers that we cannot get any money out of acct, so no reason to sell. They are waiting for reports from AZ USA.
PhD |
| SaiJin | 04-23-2024 11:22 AM |
Re: IP complaint in US
Quote:
Originally Posted by Phd
(Post 1240061)
Have talked to a friend in the US who is an attorney. Just some advise. She just can't take the case because she is not licensed in Chicago.
Have explained to their lawyers that we cannot get any money out of acct, so no reason to sell. They are waiting for reports from AZ USA.
PhD
|
What's your next steps at this point? |
Re: IP complaint in US
Quote:
Originally Posted by SaiJin
(Post 1240219)
What's your next steps at this point?
| Have emailed the Lawyers, let them know the sales I have (62 pieces) should match the report from AZ that they requested.
Then hit them up for a copy of TRO so we know how to approach the situation, and asked for the test buy item # from AZ. Also asked if there wasn't a test buy.
Then told them that all communication was to be through email address for speed and efficiency.
Today is day 2 without response, will email again tomorrow, give them 1.5 days, then get on the phone to them.
Thanks for the inquiry SaiJin.
PhD |
| quantum | 04-25-2024 06:15 PM |
Re: IP complaint in US
That's nuts.. 11 year old accounts. I think I've gone through at least 30-40 accounts in 11 years. Best of luck |
Re: IP complaint in US
UPDATE: Got the paperwork on Tuesday, including TRO. 250 defendants, and I checked each link for each seller. Almost 95% were the Chinese popup rip off artists.
Lawyers said we had 21 days to file an objection. Then 2 days later, they shorten that to 7 days (4 business days). Now I am starting to panic. On May 3rd I sent into lawyers invoice of purchase, sales reports from both AZ and summary from distributor (62 sales in 2 years), plus the LOA from Distributor and photos of product.
Since I had yet to hear back from Lawyers, got on the phone with them this morning. Had a lot more info to prove our product didn't infringe on TV Tokyo's rights, and it was an authentic product.
Lawyer goes through the notes on us and says, I just read this. TV Tokyo reviewed all your documents and asked us to dismiss you from this lawsuit.
Holy F0ck! I actually beat 4 top corporate IP lawyers and cleared our name.
Already have documents from lawyers saying we are dismissed and they have already advised AZ to remove the complaint and lock on our account.
It's a good day for truth and intelligence.
Lots of thanks to all that chimed in to help.
PhD |
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