Dear Amazon,
Thank you for taking time from your busy schedule to read my email. We are writing this email to sincerely request Amazon to do a thorough investigation about the malicious complaint issue to our ASIN: B07XXXXX. We have solid evidence to prove we did not infringe any intellectual property. After meeting with our layers, we are currently preparing a potential defamation lawsuit against this illegal filing and complaint. The filing they made is specifically damaging our listing and our company. This malicious complaint incident caused significant losses to customers, Amazon, and us. If not controlled, the malicious complaint issue would inevitably result in severe, if not disastrous, consequences, that is, customers as well as sellers will lose confidence. This product had $5,000 in sales per day on average, and it has been more than 15 days since the product was removed. We have lost about $75,000 in sales. Customers and Amazon have also suffered related loss.
And we will show you our evidence in the following explanation. We hope that Amazon can strictly prevent intellectual property infringement and protect the rights of legitimate sellers! We truly believe Amazon will make an impartial arbitrament. It is universally acknowledged that Amazon is the most impartial platform among all e-commerce platforms. We 100% trust Amazon and hope to play an more important role and provide the best products and services to more customers. We will work together with you to help your investigation and provide you necessary information.
We have a product that received a complaint about intellectual property on August 24, 2020. The complaint ID is 6384049XXX. The ASIN is B07D5XXXX. We are very sure this is a malicious complaint and we have powerful evidence to prove.
First of all, our supplier has right for the design of this product (Attachment 1-3) and our supplier authorized us to sell this product on Amazon (Attachment 4). We are here providing the design drawing and blueprint of our product, accesories, and packaging to prove that our supplier and we are the original designer and seller of this product (Attachment 5-14). Moreover, we are a very respectful seller of intellectual property. We have the US trademark certificate of “AiTXXXXXX” (Attachment 15-16) and the owner authorized us to use the “AiTXXXX” trademark (Attachment 17 ). On February 12, 2020, we registered the US trademark “AiTXXX” and filed it on Amazon. We are able to ensure that this product is sold on Amazon without infringing any intellectual property rights and this is a malicious complaint.
At the same time, when we received the complaint, we immediately contacted the complaining company through the email address provided in the case. We contacted the complaining company via email and got information about their company. Through communication, they mentioned that they are the first seller of this product, but we have enough evidence to prove that we, AiXXXX, is actually the very first seller of this product and we have all necessary authorization to sell this product. We reviewed all relevant intellectual property documents and determined that we did not infringe any of their intellectual property rights. We are more firmly convinced that this is a malicious complaint.
On the one hand, we immediately checked our product link on amazon.com and compared the complainant's product link. We believe there has been an error and we were warned in error. We have enough evidence to prove that our products are legally sold on Amazon. Please allow us to show our evidence.
1. Our product (ASIN: B07D5XXXX) was first published and sold on the Amazon on May 18, 2018. This is detailed product page (Attachment 18). Since the launch of this product, there have been 6995 orders (Attachment 19). This indicates that this product is worthy of buyer trust in the market and has won a high reputation.
2. Regarding the source of this product, we purchase through reliable channels. We have been purchasing this product from Shenzhen SoXXXX Digital Technology Co., Ltd. (Attachment 20). The supplier designed this product and applied for a design patent for this product in 2017 (Attachment 1-3). SonXXXa Digital Technology Co., Ltd has their own official website, and upload the product to official website (Attachment 21-22). We are a legitimate seller designated by this supplier, and we are providing the corresponding invoice to confirm our supply chain (Attachment 23-27).
Supplier’s information:
XXXXXX
3. We have always been committed to the protection of intellectual property. First of all, we promise not to infringe on the intellectual property rights of others, and then we will protect our own rights through legal channels. This product has been sold under the brand name "AiTeXXX". Our company has completed the brand trademark registration on February 12, 2019 (Attachment 15-16), and registered the brand in the backstage of Amazon (Attachment 28). The trademark registration number is 877XXX578. We are a legitimate seller on Amazon, and the products we sell are all reviewed by Amazon. There is no infringement of intellectual property rights.
The above is the proof that our products have no infringement.
On the other hand, we have some doubts about the legality of the identity of the the complaining company who complained about our infringement. We mainly think that their complaint does not make sense in the following aspects.
1. We contacted this company through the email address of the complaining company provided in the case. This is a shopping website (Attachment 29). We found some unusual information when we queried their company website through the domain website. The company's shopping site was founded on July 2, 2019 (Attachment 30), and there is a video camera on the shopping site that sell the same video camera as us. But we published and sold the product on the Amazon on May 18, 2018. We have been selling this product from Amazon on May 18, 2018. Our product’s first launch is significantly earlier than their first launch. This is exactly the product they complained about our infringement. The pictures and text descriptions are exactly the same. Therefore, it is impossible for us to copy them. Instead, they posted later than we did, and we suspect they have stolen our copy content and design. Now we can safely draw the conclusion that we, AiTXXXX-US, is actually the first seller of this product.
