Your Full Name
Your Address
Your State and ZIP Code
Your Phone Number
Your Email
Date
Amazon.com, Inc
410 Terry Ave N,
Seattle, WA 98109
To Whom It May Concern,
RE: APPEAL OF REMOVAL OF LISTING
My name is Insert Your Full Name, a seller with your company since Year. I have several listings of shoes that I sell through your website. On Insert Date, I received an email from Amazon that my listings were removed because they allegedly infringe upon the patent rights owned by Heike Bhonsle whose email address is ipenforcement@crocs.com. The patent number that my listings are alleged to have infringed is US-7698836-B2.
I would like to make it clear that none of my listings infringes upon the patent no. US-7698836-B2 as alleged by Heike Bhonsle. The foregoing patent relates to a model of shoes known as CROCS. None of my deactivated listings resemble CROCS shoes. Apart from asserting that my listings have infringed upon the patent, Heike Bhonsle has not provided any proof or demonstrated how my listings have infringed the patent.
The burden of proof is on Heike Bhonsle to prove by a preponderance of evidence that my listings have infringed his patent. Heike Bhonsle has not adduced such evidence. In deciding to deactivate my listings, Amazon did not consider whether Heike Bhonsle has evidence to prove that my listings infringed upon his patent. In the unlikely event that Heike Bhonsle produced evidence to show that my listings have infringed his patent, please send me the evidence produced.
I find that the determination to deactivate my listings was unfair because they do not amount to patent infringement. My listings have a jersey button which is not an invention made by the owner(s) of patent no. US-7698836-B2. The inventions covered under patent no. US-7698836-B2 are listed in full here https://portal.unifiedpatents.com/patents/patent/US-7698836-B2. None of them includes the jersey button that is part of my listings. Therefore, it is untenable for Heike Bhonsle to claim that my listings have infringed upon patent no. US-7698836-B2. Heike Bhonsle’s claim of patent infringement is false.
I urge the Amazon.com, Inc team to review its decision in light of the fact that Heike Bhonsle made a false claim of patent infringement as demonstrated above. I hereby request you to reactivate my listings so that I can continue doing business on your website, for my benefit as well as that of Amazon. I am ready to appear before you, physically or virtually, to clarify anything or provide any additional information you may require. Thank you for taking time to read this letter. I hope to receive a positive response from you soon.
Yours Sincerely,
___________________________________
Insert Your Full Name
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