Selling on Walmart Marketplace offers big opportunities, but it also comes with the responsibility of following strict intellectual property (IP) policies. Receiving an IP complaint, whether for trademark infringement or counterfeit allegations, can be daunting. However, with the right knowledge and approach, you can effectively address and resolve these issues.
Understanding Walmart’s IP Complaint Process
Walmart is committed to protecting intellectual property rights and has established clear procedures for addressing IP complaints. When a rights owner believes their IP has been infringed upon, they can submit a complaint through Walmart’s Brand Portal or the Report Seller Activity Form. Upon receiving a complaint, Walmart’s Trust & Safety team reviews the submission and may take actions such as:
- Removing the infringing listing
- Notifying the seller of the complaint
- Requesting additional information or documentation
- Suspending or terminating the seller’s account for repeated violations
Steps to Take When You Receive an IP Complaint
If your listings were taken down due to IP infringement, Walmart will usually contact you via email with a complaint; therefore, it is vitally important to monitor your inbox regularly.
- Review the Complaint Carefully
- Examine the details of the complaint, including the specific IP rights allegedly infringed, the affected listings, and any evidence provided.
- Assess the Validity of the Complaint
- Determine whether the complaint is legitimate. Consider factors such as:
- Do you have authorization to sell the product?
- Is the product genuine and not counterfeit?
- Does your listing use any protected trademarks or copyrighted material without permission?
- Determine whether the complaint is legitimate. Consider factors such as:
- Gather Supporting Documentation
- Collect evidence to support your case, such as:
- Invoices or purchase orders
- Proof of ownership
- Authorization letters from rights owners
- Correspondence with the complainant
- Product images and descriptions
- Any other documentation that validates your right to use the disputed IP
- Collect evidence to support your case, such as:
- Respond Promptly and Professionally
- You can answer directly to the complaint email you received or use Walmart’s Seller Center to respond to the complaint. Provide a clear and concise explanation, along with any supporting documentation. Maintain a professional tone and avoid confrontational language.
- Take Corrective Actions if Necessary
- If the complaint is valid, take immediate steps to rectify the issue:
- Remove or update the infringing listings
- Cease selling the affected products
- Implement measures to prevent future violations
- If the complaint is valid, take immediate steps to rectify the issue:
- Monitor Your Account Health
- Regularly check your account for any additional complaints or issues. Maintain open communication with Walmart’s Trust & Safety team and respond promptly to any inquiries.
In more complex cases, where the complaint involves legal nuances or potential brand disputes, it is highly recommended to seek the assistance of an attorney who specializes in intellectual property law.
Preventing Future IP Complaints
- Ensure Product Authenticity
- Source products from reputable suppliers and maintain records of authenticity.
- Obtain Proper Authorization
- Secure necessary permissions or licenses to sell branded products.
- Avoid Using Protected Content Without Permission
- Do not use trademarks, logos, or copyrighted material in your listings unless you have explicit authorization.
- Stay Informed About IP Laws and Walmart Policies
- Regularly review Walmart’s Prohibited Products Policy and guidelines on intellectual property.
For even more detailed information, refer to Walmart’s official resources.
