Patent Infringement Claim: How to Reinstate Product
Dear Amazon Sellers and Support,
I developed and manufactured my own unique anti-snore product, the SilentZPro 2.0, ASIN B0BQQKLPDQ. My storefront is: Itus Mouthguardz. I have the trademarks for my brand registered in brand registry (Itus Mouthguardz), in addition I have a utility and design patent (Our utility patent: 11357662 / Our design patent: D888,249). My company also got the 510(k) through the FDA (510k number: K220688) and are the sole manufacturers who can produce this product.
Despite this, with no notification or opportunity to defend my patent and product, Amazon took down my lisiting on February 5th (complaint ID: 14725390701).
I have gotten no information from Amazon on any specifics on why my listing was taken down and have supplied two letters from legal counsel proving non-infringement. The first letter of non-infringement by legal counsel is prepared by USPTO registered patent Attorney Vladimir Postnikov (reg. number: 801110). It includes my utility patent information and a detailed analysis of non-infringement. The second letter of non-infringement by legal counsel is prepared by USPTO registered Patent Attorney Devin Miller (reg. number: 70441).
The legal costs alone are now at 15,000 USD and I have no idea how to proceed to get my product re-enlisted. I can provide any legal documents necessary in terms of patents, FDA information, and information about my authentic product (Amazon has allowed piggybackers selling fake products on my listing which may be the cause of all this).
If anyone at Amazon can please provide some support and let me know how I can have myself or lawyers contact Amazon and present our arguments it would be greatly appreciated. If any sellers have any advice or methods to contact Amazon or recommended lawyers, please let me now.
Thank you,
Ryan Bruss
CEO Shinrin-Yoku Traders LLC
Patent Infringement Claim: How to Reinstate Product
Dear Amazon Sellers and Support,
I developed and manufactured my own unique anti-snore product, the SilentZPro 2.0, ASIN B0BQQKLPDQ. My storefront is: Itus Mouthguardz. I have the trademarks for my brand registered in brand registry (Itus Mouthguardz), in addition I have a utility and design patent (Our utility patent: 11357662 / Our design patent: D888,249). My company also got the 510(k) through the FDA (510k number: K220688) and are the sole manufacturers who can produce this product.
Despite this, with no notification or opportunity to defend my patent and product, Amazon took down my lisiting on February 5th (complaint ID: 14725390701).
I have gotten no information from Amazon on any specifics on why my listing was taken down and have supplied two letters from legal counsel proving non-infringement. The first letter of non-infringement by legal counsel is prepared by USPTO registered patent Attorney Vladimir Postnikov (reg. number: 801110). It includes my utility patent information and a detailed analysis of non-infringement. The second letter of non-infringement by legal counsel is prepared by USPTO registered Patent Attorney Devin Miller (reg. number: 70441).
The legal costs alone are now at 15,000 USD and I have no idea how to proceed to get my product re-enlisted. I can provide any legal documents necessary in terms of patents, FDA information, and information about my authentic product (Amazon has allowed piggybackers selling fake products on my listing which may be the cause of all this).
If anyone at Amazon can please provide some support and let me know how I can have myself or lawyers contact Amazon and present our arguments it would be greatly appreciated. If any sellers have any advice or methods to contact Amazon or recommended lawyers, please let me now.
Thank you,
Ryan Bruss
CEO Shinrin-Yoku Traders LLC
3 replies
LeviDylan_Amazon
Hello @Seller_l7UK2E4D8WQzP,
Thank you for reaching out on the Seller Forums.
I developed and manufactured my own unique anti-snore product, the SilentZPro 2.0, ASIN B0BQQKLPDQ. My storefront is: Itus Mouthguardz. I have the trademarks for my brand registered in brand registry (Itus Mouthguardz), in addition I have a utility and design patent (Our utility patent: 11357662 / Our design patent: D888,249). My company also got the 510(k) through the FDA (510k number: K220688) and are the sole manufacturers who can produce this product.
Despite this, with no notification or opportunity to defend my patent and product, Amazon took down my lisiting on February 5th (complaint ID: 14725390701).
From what you have shared, I see that you are facing issues with an intellectual property-patent infringement violation for an ASIN which you have a patent for. You mentioned that you have provided 2 letters of non-infringement supplied by legal counsel. After the submission you should have received a performance notification with why the documents were not accepted, and what is requested to resolve this moving forward. Can you share that notification here after you have removed your personal information, for us to review?
When submitting a dispute, it is important to include all relevant information that will prove that you are not infringing on another's patent. This would include letters of non-infringement issued by legal counsel (which you have), a court order stating that you are allowed to sell the product(s) in question, and proof that you hold the utility patent and the design patent for the ASIN (which you have). Do you have a court order that states that you are allowed to sell this item?
You can refer to the Conditions of Use help page, where you will find resources for contacting us regarding legal topics.
I look forward to learning more about your situation, so that we can guide you the best. Please feel free to post notifications, more information and further questions in this thread, for us to review. The Forums community and I are here to support you.
Wishing you the best,
LeviDylan
