TAS 272 : How to Prevent Being Bullied by Sellers and Know Your RIGHTS!

It’s becoming more and more common that unscrupulous Amazon sellers are sending letters to their competitors that sound very official and legal but are fakes. These letters are sent to intimidate competitors into taking down their listings and eventually removing their products from Amazon altogether. The practice is a kind of bullying that Ted Luymes, an attorney who deals with Amazon related issues in his practice sees all the time. On this episode, Ted shares some of the things to look for if you receive a letter like that and gives advice on what you can do to make the bullying stop.

What if somebody says you’ve infringed on their product’s patent?

Even if you were very thorough when you went through the product research phase it’s possible that you have infringed on someone’s patent, but you won’t know unless you did an actual patent search, which can be expensive. On this episode, Ted Luymes talks about the steps you can take to assure yourself first of all that your product is not stepping over legal lines, but also what you can do if someone accuses you of doing so. He’s got great advice for you so be sure you take the time to listen.

What does Amazon do if a complaint is made that you’re infringing on a copyright?

Any Amazon seller has the right to file a complaint with Amazon that claims another seller has infringed on their product patent, copyright, or trademark. When this happens Amazon typically doesn’t ask questions first, they just take the listing down. Then they begin an investigative process. On this episode of The Amazing Seller attorney Ted Luymes shares what you can do to expedite the process if this happens to you. You’ll want to hear this because the longer you are on the Amazon platform the more likely it is that you’ll experience things of this nature.

Do you know how to use a DMCA counter-notice?

If Amazon happens to suppress your product listing or take your listing off of their platform because of a copyright or patent complaint, you have the right to file a DMCA counter-notice. By law, the person or entity who filed the claim that you’ve violated their copyright or patent has a limited amount of time after that to prove their claim. If they don’t, Amazon must put your listing back on the platform. That’s how the law works. But there are a number of steps you should take before you resort to the DMCA notice. Do you know what they are? Attorney Ted Luymes is on the show today to give us the answers.

When you deal with people regarding your Amazon business, learn to be professional.

Imagine this scenario: You’ve just opened your mail and find a cease and desist letter from another Amazon seller. They say you are selling an unauthorized version of their product that infringes on their copyright. If this happens to you the last thing you should do is write a snarky or angry email reply. There are much better ways to deal with the situation. On this episode, Attorney Ted Luymes gives some solid advice about how you should respond to those kinds of letter or notices and tells why it’s so important to do so if you want a favorable outcome to the issue.

OUTLINE OF THIS EPISODE OF THE AMAZING SELLER

• [0:03] Scott’s introduction to this podcast episode with Attorney Ted Luymes.
• [2:38] The reality of the bumps in the road that come in business.
• [4:20] The kinds of bullying Ted has been seeing.
• [9:10] What can be done if a product is infringing on a patent?
• [11:28] How does Amazon respond to accusations of copyright or trademark infringement?
• [14:28] What should you look for if you receive a cease and desist letter?
• [21:00] What is a DMCA counter notice and how should it be used?
• [24:56] Advice about how to learn to write messages and emails that are professional.
• [28:55] Why is it good right to buy out a competitor’s inventory if they hijack your listing.
• [36:24] Get in on the next TAS LIVE event.

RESOURCES MENTIONED IN THIS EPISODE

• www.TheAmazingSeller.com/186
• www.TheAmazingSeller.com/152
• www.TedLawFirm.com - Ted’s website
• ted(at)tedlawfirm.com or 626-993-7000
• www.TheAmazingSeller.com/LIVE - Get in on the TAS LIVE event