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Notice of Intellectual Property Rights Infringement

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Good Morning Everyone

Just got the message below, how is this even possible, this product is sold by 100's of companies across the UK and can be bought from pretty much any supplier i the particular trade.

My feeling is because this is a product with high amount of reviews the Seller which has place the complaint wants to take control of this product.

I find this unjustified and alarmingly worrying how easy it is for other sellers to just place a compliant such as this to the point where it even bring a whole store down. I have heard this happen in the past with other stores which have been shut down by amazon.

Message From amazon

+Greetings from Amazon.

We are writing to inform you that these offers have been removed from our Amazon.co.uk site:


We took this action because we were notified by the rights owner that the items infringe their intellectual property rights.Per our policies, items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right are prohibited. For more information on this policy, search on “Prohibited Content” in seller Help.

To resolve this dispute, we suggest that you contact the rights owner directly:

[email protected]

If you resolve this matter with the rights owner, please advise them to contact us at [email protected] to withdraw their complaint. We ask that you refrain from posting items manufactured by this rights owner until you have resolved this matter.

Amazon cannot comment on the validity, availability, or appropriateness of any legal rights you may have, nor provide legal advice. However, if you believe the complaint is unjustified, you may consider pursuing a legal remedy to prevent the submitter from issuing future unjustified intellectual property complaints against your offers.

Failure to comply with our policies may result in the removal of your Amazon.co.uk selling privileges.

We appreciate your cooperation and thank you for selling on Amazon.co.uk.+

Edited by: XP OOS on May 3, 2013 9:04 AM

There are sellers who seem to belive that if they create an amazon listing page they have the sole rights to sell there. Have had a few emails from other sellers warning me against abusing their IP rights but I just ignore them.
This one has gone further. Can you contact your supplier for clarification?

I had a quick look at the listing and there are two sellers of this item
One claims they manufacture and market all their own stock and the other is a wholesaler.
I assume the wholesaler has purchased their stock from the manufacturer
If you bought from that wholesaler or the professed manufacturer you should be able to sell on that listing no problems.
If you bought from someone else what you have is a product which looks the same, (and as you have said this is a common style of bed frame right now) but is a different product.
My suggestion would be that you create your own listing in this instance and sell from that, with your own pictures and so on.
It would be best to contact Amazon and see what their take on it is first though, as no one will have looked at the details so far, as what you have been sent appears to be a standard communication for this type of complaint.
Good Luck and do keep us updated on progress.

We buy this particular bed from 3 different suppliers across the UK, exactly the same product, design & packaging.

I have contacted amazon this morning so i am awaiting reply to find out what they're stance is on the matter and i have also stated my concerns.

But i do agree with listing our own product listing, this might be the only way forward as from what have read in the forums and from previous seller's experience's....

Maybe you should just do that then :)

Then you could file a counter-claim against the other seller...

(If you were unscrupulous...)

From what I can see there a 3 possible brands/trademarks that may be associated with the listing which are PAVIA, PRADO & Humza Amani Do you know which if any of these are from the manufacturer and which are from the seller? I notice Humza Amani is a registered trademark of Bristol Bed Maker Limited see http://www.ipo.gov.uk/tmcase/Results/1/UK00002429206 If they are the seller then they may have these labelled for them by the manufacturer (In which case there claim is correct as although you may have the same product it is not the same if it has there label on it) or they may have just put that name in the listing and are selling exactly the same as you in which case they have no genuine claim to it but it may be hard to convince Amazon of this. If the guys you get it from call it a "PAVIA PRADO" bed and you have an invoice for it with that on you could send Amazon a copy to prove you have bought this exact product (as if Pavia and/or prado are the brand then another brand should not be attached) but at the end of the day its up to Amazon and they tend to enforce these notices almost regardless of the claim.