Amazon and Temu links were taken down for 48 hours. Attorney Shen Jinlong gives Shenzhen sellers emergency handling steps. Appeal materials must be prepared according to platform rules.

The 48 hours after a link is taken down is the golden window. Do not rush to write an appeal letter first. The first thing is to go to the seller backend and download the Performance Notification and the original infringement notice to confirm whether the complainant is a law firm, the brand owner, or platform automated detection. The second step is to prepare a counter-notice or authorization proof according to the type of complaint (trademark, patent, copyright). The third step is that if a TRO (temporary restraining order) is involved, immediately contact a US lawyer to handle it, and do not reply yourself. The most common mistake made by Shenzhen sellers is writing appeals with Chinese-style thinking, piling up phrases like "unintentional infringement" and "first offense," while platform reviewers only look at the chain of evidence and legal basis. Remember: an appeal is not a plea for mercy; it is a legal defense.

First figure out what type of takedown it is: trademark, patent, or copyright.

Amazon and Temu takedown notices may look similar, but the legal consequences are very different. Trademark complaints usually cite 15 U.S.C. §1052 or §1114, and the platform will give you a complaint number; you need to submit a Plan of Action (POA) within 48 hours. Patent complaints depend on whether they involve a design patent (35 U.S.C. §171) or a utility patent (§101). For the former, you can submit prior art evidence; for the latter, you almost certainly have to go through the USPTO's IPR (inter partes review) procedure. Copyright complaints are the most troublesome. Amazon will directly cite Section 512 of the DMCA (Digital Millennium Copyright Act), and you have only one opportunity to submit a counter-notice. After the counter-notice is submitted, the complainant has 10 business days to decide whether to sue. In practice, we generally advise clients to first conduct an infringement comparison analysis, and then decide whether to settle or fight hard. Many clients encountering this for the first time think "takedown = infringement established," but in fact the platform is only a neutral referee. If the evidence you submit is solid enough, the link restoration rate is not low.

Appeal materials are not an essay contest; they must correspond item by item to the platform rules.

Amazon's POA requires three parts: root cause, measures already taken, and preventive measures. Do not write "we deeply recognize our mistake"; directly write "upon investigation, the trademark use on the ASIN at issue does not cover Class 25, the complainant's trademark registration number is XXXXXXX, and our product images do not prominently use the mark." Temu's appeal entrance is more hidden, usually under "Violation Management," and requires uploading an authorization letter or purchase invoice; the invoice date must be earlier than the listing date. For EU sites, also note that the EUIPO trademark opposition period is 3 months. If the complainant is an EU trademark owner, you can file a cancellation application with EUIPO (based on non-use), but this needs to be handled in a separate case. Do not admit infringement in platform messages, even if you did use a similar design; the wording should be "we believe there is no likelihood of confusion."

Four things that must be completed within 48 hours

First, take screenshots to preserve all takedown notices and ASIN data, including inventory and sales, as these will be needed for future claims or settlement. Second, check the complainant's trademark status at the USPTO or EUIPO to see whether it is actually in use (Section 8 and Section 15 filing records). Many complainants' trademarks are based on "intent to use" and have never been put on the market at all. Third, prepare a counter-notice template. Amazon's counter-notice must include the statement "I swear, under penalty of perjury"; false statements carry perjury liability. Fourth, if you receive a TRO (temporary restraining order), you must respond within 48 hours, otherwise the court will issue a Preliminary Injunction and your account funds will be frozen directly. The most common mistake made by Shenzhen sellers after receiving a TRO is hiring a "service provider" to handle it, resulting in missing the response deadline and having the money in the account transferred away. Such cases must be argued in court by a U.S.-licensed attorney; Chinese lawyers can only assist in preparing evidence.

How to negotiate the settlement amount: do not be intimidated by the first offer

Settlement amounts in TRO cases are usually negotiated as a proportion of the frozen amount. In practice, the plaintiff's law firm (such as GBC or Keith) will demand 100% of the frozen amount in the first email, sometimes even adding "punitive damages." We generally advise clients to reply within 14-21 days, first asking the plaintiff to provide an infringement evidence list, and then countering at 10%-30% of sales. Note: the settlement agreement must clearly state "release all claims" and "dismiss with prejudice," otherwise the other side may sue a second time. In addition, Amazon's APEX (Amazon Patent Evaluation Express) procedure is another option. For utility patents, each side pays USD 4,000, and a neutral expert issues a result within 14 days. It is faster than litigation, but only applies to specific patents. If your product indeed infringes, the settlement amount plus attorney fees may exceed the value of the inventory. At that point you need to do the math: save the link or abandon the account and start over. Many sellers are reluctant to give up Reviews, but account weight can be rebuilt; once funds are transferred away, they are truly gone.

How to prevent a second takedown after the link is restored

Link restoration does not mean you are safe. The complainant can file a new trademark application at the USPTO or file another complaint using a copyright registration. You need to do three things: First, add the trademark registration number in Amazon Brand Registry. A U.S. trademark takes 9-12 months from application to registration, but a TM mark can also be used. Second, for EU sites, it is advisable to register an EUIPO trademark, with fees starting at EUR 850, covering 27 countries. Third, conduct an FTO (freedom to operate) search for core products, especially U.S. design patents. Many Shenzhen sellers copied hit products and ended up being targeted in trap purchases for evidence. Our team has handled a large number ofUS and EU Intellectual Property Practicecases and found a pattern: sellers who plan their intellectual property in advance recover three times faster after a takedown. If you have not registered yet, go to the overseas intellectual property page now to review the process. Do not wait until your link is deleted to catch up.

In what situations must you hire a lawyer and cannot file an appeal yourself

Do not handle three situations yourself: receiving a TRO or court summons, the complainant being a major brand such as Nike/Apple, or the matter involving a utility patent. A TRO has a strict response deadline; miss it and you lose the case. Major brands usually have fixed settlement templates; the longer you delay, the higher the settlement amount. Infringement comparison for utility patents requires analyzing the claims one by one, which non-professionals cannot understand. In other situations, such as trademark misjudgment or erroneous copyright complaints, you can submit a counter-notice yourself, but it is advisable to first spend 1-2 hours consulting a lawyer to clarify the evidence chain. Guangdong Zhiming Law Firm'sLawyer Shen Jinlong of this firmOur team has handled a large number of cross-border e-commerce cases. We generally advise clients to conduct a "quick infringement risk assessment" as soon as they receive a notice. The cost is not high, but it can prevent you from writing an incorrect appeal letter and causing permanent account suspension. In addition, intellectual property legal services for other countries also cover sites such as Japan and Australia. The takedown logic for Temu's multi-country sites is similar, but the legal provisions differ, such as Article 25 of the Japanese Trademark Act, so do not apply U.S. templates.

Platform Rules vs. Legal Rules: Do Not Mix Them in an Appeal Letter

Platform reviewers are not lawyers. What they look at is whether an authorization letter/invoice/judgment has been provided. If you cite authorities in your appeal letter and write, "Under 15 U.S.C. §1114, our use does not constitute confusion," the reviewer may reject it outright. The correct approach: in the first paragraph, follow the platform template and state the "root cause"; in the second paragraph, attach evidence (trademark registration certificate, authorization letter, invoice); in the third paragraph, state "preventive measures," such as "the ASIN involved in the complaint has been removed and the images have been updated." Legal defenses should be left for a lawyer's letter or court. Many clients confuse these two battlefields the first time they encounter this, resulting in the appeal being rejected and also delaying legal deadlines. Remember: platform appeals are administrative procedures, and responding to a TRO is a judicial procedure. The two tracks run in parallel, but the materials cannot be mixed. If you are unsure, you can contact Attorney Shen Jinlong's team for a quick assessment.

Attorney Shen Jinlong is the head of the foreign-related intellectual property team at Guangdong Zhiming Law Firm, focusing on trademark, patent, and copyright matters in the United States and the European Union. If you need urgent handling of Amazon or Temu takedowns or TRO cases, please call the hotline 0755-25986969. We provide a response service within 48 hours.

Disclaimer: The content of this article is a general sharing of legal information and does not constitute formal legal advice. The facts and applicable law of each case differ. Please consult a practicing lawyer for specific handling plans. Guangdong Zhiming Law Firm assumes no legal liability for any actions taken based on the content of this article.