NSFE: "Trademark Infringement but yet item is not in that class that the trademark is registered"

[papy]

How would you advise this Seller to proceed, both immediately and long term?

Trademark Infringement but yet item is not in that class that the trademark is registered

by Seller_UQvR6g5N81tbt
updated 19 minutes ago

One of my listings was flagged last night with a Trademark misuse

Upon search of the USTPO (United State Trademark and Patent Office) trademark engine of the phrase given, it is currently only trademarked for Primary Class of 018 which is Tote Bags When I sent a message to Amazon from the link they state if you think the flagging is an error I included the serial number of the trademark as well as a link.

My product is a Keychain which falls under Class 014 (Jewelry).

There is another trademark application pending for the same phrase but that is pending and not approved as of yet for the Class 025 (clothing).

So I get back this reply below which is NOT even what I messaged about in the first place and I can not reply to it the case yet the trademark violation is still showing in my account health page. What the heck am I supposed to do about this? The person does NOT have a trademark registration for the phrase in jewelry (I check these thing because I sell on other marketplaces as well and try to avoid any trademark issues)

"The ASIN is currently active on the catalog.

You may need to update the price and quantity on the ASIN to get your offers live again.

To help us continually improve, we ask that you take a moment to complete our survey below to tell us about your experience with this specific interaction."

Here is the exact message I sent to Amazon last night

My listing for Crazy Chicken Lady [XXredactedXX] Keychain Gift by Kennebug Gift for [XXredactedXX] was flagged for a trademark misuse violation.

The stated reason given in my account health is Trademark misuse (Crazy Chicken Lady)

Upon search of the USTPO (United State Trademark and Patent Office) trademark engine “Crazy Chicken Lady” is currently only trademarked for Primary Class of 018 which is Tote Bags under US Serial Number 90432847.

HAD THE LINK TO THE TRADEMARK FILE ON USPTO SITE HERE

My product is a Keychain which falls under Class 014 (Jewelry).

There is another trademark application pending for “Crazy Chicken Lady” but that is pending and not approved and for the Class 025 (clothing).

In conclusion, per Trademark rules and regulations my item is not in violation of the Crazy Chicken Lady trademark as my item does not fall into the class of the trademark registered.

Respectfully,
[XXredactedXX]
Kennebug LLC

[GGX]

Unless they’re going to litigate it, there’s probably nothing much they can do. It seems nowadays if Amazon accepts an RO complaint (not all are accepted though) they’ve more or less made a final decision.

[papy]

So is your recommendation that the OP try to pursue off-Amazon litigation? Or do you think its a bot issue, like for @meredithbead here or @Dreamscape-Studio here?

It would be nice if OP could clarify whether there is an actual complaint filed against them, or just a bot flag.

[papy]

The NSFE OP has updated:

Seller_UQvR6g5N81tbt
In reply to: Seller_UQvR6g5N81tbt’s post
2 hours ago

I sent another case message the same as before. This time they replied

"From your email, we understand that your product ID: B0D4WCMQXV is flagged under trademark misuse violation. .

We see that you have updated the listing with ASIN B0D4WCMQXV recently.

Upon further investigation; we found that you still have to remove infringing brand name crazy chicken lady from Item name and generic keyword.

Please allow up to 24 hours for the updated ASIN to become ACTIVE.’

How do I appeal this or file a DCIM for this as it is not violating anything as my item is not in the same trademark class as the registered trademarks. Does Amazon not understand how trademarks work???

[GGX]

If it’s a filed complaint then litigation would be the way to go, if it’s a bot flag, well, I guess arbitration with Amazon is an option but that’s a massive uphill battle. If the Amabots say you’re wrong.. well, you’re wrong (in Amazon’s eyes)