IP complaint in US

[Phd]

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]

in this case you can only stop selling , how much did they freeze?

[agent006140]

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]

Originally Posted by agent006140

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

[Phd]

Originally Posted by murdered_by_ebay

in this case you can only stop selling , how much did they freeze?

According to AZ, all our money, and future sales.

[agent006140]

How can you freeze future sales?Have they paid ?
Then AMZN should refund the buyer

[Phd]

Originally Posted by agent006140

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.

[Phd]

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.

[Phd]

Originally Posted by murdered_by_ebay

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]

Originally Posted by Phd

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]

Originally Posted by Phd

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]

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]

Originally Posted by Phd

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]

Originally Posted by Phd

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.

[Phd]

Originally Posted by murdered_by_ebay

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]

Originally Posted by Phd

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?

[Phd]

Originally Posted by murdered_by_ebay

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]

This is what happens sadly when you sell on a platform owned by lawyers. You get screwed either way

[murdered_by_ebay]

Originally Posted by Phd

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

[Phd]

Originally Posted by murdered_by_ebay

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

[rsot]

Originally Posted by Phd

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]

Originally Posted by Phd

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