IP Claims

Intellectual Property Complaint and Resolution Procedures

(a) IP RIGHTS HOLDER COMPLAINT PROCESS

(i) WHO MAY COMPLAIN

  • Registered trademark owners
  • Copyright holders
  • Patent holders
  • Authorized agents with power of attorney
  • Exclusive licensees with documentation

(ii) COMPLAINT SUBMISSION

Complaints must be submitted through Platform's IP Portal and include:

  • Complainant's full legal name and address
  • Complainant's relationship to IP (owner/agent/licensee)
  • If agent, written authorization from IP owner
  • Identification of IP right (trademark reg #, copyright reg #, patent #)
  • Description of allegedly infringing listing (URL, ASIN, etc.)
  • Good faith statement that use is unauthorized
  • Statement of accuracy under penalty of perjury
  • Physical or electronic signature
  • Supporting evidence (trademark certificate, copyright certificate, product authentication report, etc.)

(iii) INSUFFICIENT COMPLAINTS

Platform may reject complaints lacking required information or evidence. Complainant given 7 days to cure deficiencies.

(b) PLATFORM INITIAL REVIEW

Within 2 business days, Platform shall conduct preliminary review to determine if:

  1. Complaint meets formal requirements
  2. IP right appears valid and enforceable
  3. Complainant has standing to complain
  4. Listing clearly infringes (if obvious), OR
  5. Matter requires investigation and seller response

(c) SELLER NOTIFICATION

Within 3 business days of complaint, Platform shall notify Seller of complaint via:

  • Email to address on file
  • Seller dashboard alert
  • If serious, also via phone call

Notification shall include:

  • Copy of complaint with complainant contact information
  • Specific listing(s) at issue
  • Deadline for response (minimum 7 business days, 14 for complex)
  • Consequences of no response
  • Instructions for submitting counter-notification
  • Educational materials on IP rights

(d) LISTING STATUS DURING INVESTIGATION

(i) OBVIOUS INFRINGEMENT

For counterfeit with clear evidence:

  • Listing immediately removed
  • Inventory blocked from shipment
  • Seller notified with evidence
  • Seller may still submit counter-notification

(ii) NON-OBVIOUS CASES

For authorized resale questions, design similarity:

  • Listing remains active during investigation
  • No immediate action against seller
  • Platform investigates both sides fairly

(iii) SELLER'S CHOICE

Seller may voluntarily remove listing to avoid any strike or negative impact while investigating.

(iv) NO FUNDS HOLD

Platform shall NOT withhold seller's funds during investigation unless:

  • Seller has 3+ infringement complaints in past 30 days, OR
  • Clear evidence of large-scale counterfeiting operation

Even then, hold limited to value of suspect inventory, not all seller funds.

(e) SELLER RESPONSE OPTIONS

Within 7-14 business days, Seller may:

(i) ACKNOWLEDGE AND REMOVE

  • Accept that listing infringes
  • Remove listing
  • Destroy inventory if appropriate
  • Request leniency if unintentional first offense

(ii) PROVIDE AUTHORIZATION PROOF

  • Supply invoice from authorized distributor
  • Provide letter of authorization from brand owner
  • Show license agreement
  • Demonstrate first sale doctrine applicability

(iii) FILE COUNTER-NOTIFICATION (for copyright)

  • Claim good faith belief that removal was mistake or misidentification
  • Provide counter-notification per DMCA 17 U.S.C. § 512(g)
  • Include all required elements (identification, statement, consent to jurisdiction, signature)

(iv) DISPUTE INFRINGEMENT

  • Provide evidence listing does not infringe
  • Explain why IP right doesn't apply
  • Show products are materially different
  • Demonstrate nominative fair use or other defense

(v) REQUEST ADDITIONAL TIME

  • Explain why more time needed (gathering evidence, consulting attorney, etc.)
  • Platform may grant reasonable extensions

(f) PLATFORM DECISION

Within 7 business days of seller response, Platform shall review all evidence and:

(i) CLEAR INFRINGEMENT FOUND

  • Remove listing
  • Issue strike against seller account
  • May suspend account if repeat offender
  • Notify both parties of decision and rationale

(ii) NO INFRINGEMENT FOUND

  • Listing remains active
  • No penalty to seller
  • Notify both parties
  • Complainant may not re-file same complaint without new evidence

(iii) UNCLEAR/DISPUTED

  • Inform both parties Platform cannot make determination
  • Encourage parties to resolve directly
  • May remove listing but not issue strike
  • Parties may pursue legal remedies

(iv) SELLER PROVIDED AUTHORIZATION

  • Verify authorization is legitimate
  • Listing remains/reinstated
  • Complainant notified
  • If false authorization claim by seller, immediate termination

(g) COUNTER-NOTIFICATION PROCEDURE (DMCA Compliance)

For copyright complaints, Platform follows DMCA safe harbor procedures:

  • If Seller files counter-notification, Platform forwards to Complainant within 2 business days
  • Complainant has 10 business days to notify Platform of filed lawsuit
  • If no lawsuit notice received, Platform must reinstate listing within 10-14 business days
  • If lawsuit notice received, Platform keeps listing down and parties resolve in court

(h) PROTECTION AGAINST ABUSIVE COMPLAINTS

(i) REPEAT FALSE COMPLAINANTS

  • If complainant files 3+ complaints found baseless, complainant may be blocked from filing future complaints
  • Platform may report abusive complainants to sellers

(ii) BAD FAITH COMPLAINTS

If complaint made to harass competitor or restrict trade rather than protect genuine IP rights:

  • Complainant may be banned from Platform
  • Seller may be entitled to damages
  • Platform may report to FTC or state Attorney General

(iii) SELLER REMEDY FOR FALSE COMPLAINTS

If seller can prove complainant knowingly made false infringement claim:

  • Seller may pursue claim for damages against complainant
  • Platform will provide complainant's identity and contact info
  • Seller may seek attorneys' fees per 17 U.S.C. § 512(f)

(i) SELLER EDUCATION AND PREVENTION

Platform shall provide:

(i) Educational Materials

  • How to verify product authenticity before listing
  • How to obtain proper authorization from brands
  • First sale doctrine and when it applies
  • Common IP pitfalls for resellers

(ii) Pre-listing IP Verification Tools

  • Brand registry lookup
  • Restricted brand lists
  • Warnings before listing known protected brands

(iii) Proactive Seller Outreach

When listing appears risky

(j) REPEAT INFRINGER POLICY (DMCA Required)

Platform maintains repeat infringer policy as follows:

(i) STRIKE SYSTEM

Strike 1 (First Infringement):
  • Warning notice
  • Required completion of IP education module
  • Listing removed
  • No account suspension
Strike 2 (Second Infringement within 12 months):
  • Second warning notice
  • 7-day account suspension
  • Required meeting with Platform IP team
  • Enhanced monitoring of future listings
Strike 3 (Third Infringement within 12 months):
  • 30-day account suspension
  • Review of all active listings
  • Seller must submit plan to prevent future infringement
  • Final warning that next infringement may cause termination
Strike 4+ (Four or more within 12 months):
  • Account termination
  • May be permanent or with reinstatement conditions

(ii) STRIKE EXPIRATION

  • Strikes expire 12 months after issuance if no new strikes
  • Seller may petition to remove strikes after demonstrated compliance period

(iii) EXCEPTIONS

  • Strikes from complaints later found baseless are removed
  • Unintentional first-time infringement by small seller may receive warning without strike (Platform discretion)
  • Good faith authorization disputes don't count as strikes

(k) EXPEDITED PROCEDURE FOR DANGEROUS GOODS

For products posing safety risks, Platform may remove immediately without full investigation, but:

  • Must notify seller within 24 hours with explanation
  • Seller may appeal with evidence of safety compliance
  • Decision on appeal within 5 business days
  • If overturned, no strike issued

(l) SELLER APPEALS

Seller may appeal any IP-related decision:

  • Submit written appeal within 14 days of decision
  • Provide new evidence or legal arguments
  • Appeal reviewed by different Platform team member
  • Decision on appeal within 10 business days
  • If multiple appeals denied, seller may request binding arbitration on IP determination

(m) TRANSPARENCY REPORTING

Platform shall publish quarterly report (anonymized) showing:

  • Number of IP complaints received
  • Number of complaints resulting in removal
  • Number of counter-notifications
  • Number of complaints found baseless
  • Number of repeat infringer terminations

(n) COOPERATION WITH LAW ENFORCEMENT

For suspected criminal counterfeiting, Platform shall:

  • Report to appropriate authorities
  • Preserve evidence
  • Cooperate with investigations
  • Testify if subpoenaed