How to Draft a Persuasive Rebuttal to Avoid Coupang IP Infringement Findings and Permanent Account Suspension

An IP-infringement notice from Coupang is not a mere warning. Few sellers realize that Coupang enforces a stringent three-strikes policy. In practice, if IP infringement warnings accumulate, you may face irreversible, permanent account suspension—often without any further opportunity to be heard—rather than just a product-page takedown.

From the perspective of legal practitioners, this article sets out the most practical and forceful drafting and response strategies to help at-risk sellers not only resume sales but protect the survival of their accounts.

Step 1: Pre-Draft Analysis

Appeals that simply insist “this is unfair” will be rejected 100% of the time. Coupang’s Trust & Safety reviewers examine objective facts, clear logic, and supporting evidence—nothing else. A cool-headed, preliminary analysis must therefore precede any submission.

• Understand the asserted right precisely. Identify whether the complainant is asserting trademark, copyright (images, copy), or design/patent rights. Your strategy starts here.
• Pinpoint the alleged infringement. Specify exactly which part of your listing is at issue—brand name, detail-page images, product configuration/shape, etc.—so you can frame your rebuttal.
• Verify objective factual chains. Were materials supplied by your vendor? Did an outside designer create assets? Is the distribution channel for genuine goods clear? Internally evaluate any infringement risk first to avoid exposing gaps.

Step 2: The Core—Substantive Rebuttal Content

Coupang’s rebuttal form lives or dies on the substantive explanation section. The outcome turns on how structured and logical your arguments and evidence are.

2.1 Trademark Infringement—Rebuttal Strategies

Case 1: Genuine Goods (including parallel imports)
Key position: “We sell genuine goods obtained through a legitimate distribution channel and therefore do not infringe the complainant’s trademark rights.”
Essential evidence:

1. Executed supplier/distribution agreement; 2) Tax invoices; 3) Transaction statements; 4) For parallel imports, the customs import declaration. These documents must coherently prove the product’s chain of title originates from the complainant or the authorized right holder.

Case 2: Non-infringement (dissimilarity of marks)
Key position: “The complainant’s registered mark A and our sign B differ in appearance, pronunciation, and concept; they do not cause consumer confusion; therefore, no trademark infringement is established.”
Essential evidence: Place the complainant’s official registration record/publication side-by-side with your sign. Visually and analytically highlight the differences.
Note: Determining similarity of marks demands specialist legal analysis. An imprecise lay explanation can backfire as adverse evidence.

2.2 Copyright Infringement—Rebuttal Strategies (Images / Detail Pages)

Case 1: Original content created in-house
Key position: “The images were independently photographed and designed by our company.”
Essential evidence (critical):

• Original editable files with live layers (PSD/AI),
• Original raw photographs (including EXIF metadata),
• Screen-recordings or timeline captures of the creation process.
  A lone final JPG has very limited evidentiary value.

Case 2: Licensed content
Key position: “The images were lawfully licensed for commercial use from the paid stock platform [Name].”
Essential evidence:

• Proof of license purchase (checkout/receipt screenshots),
• License certificate.
  For free images, capture the platform’s Terms of Use expressly permitting commercial use and attach it.

2.3 Design & Patent Infringement—Rebuttal Strategies

Because defining the scope of design and patent rights requires advanced expertise, engage a specialist. Core options include:

• Building a non-infringement theory by clearly contrasting your product with the registered design/patent (with drawings, comparative charts), or
• Invoking prior-use rights by proving domestic sales prior to the right’s filing/registration date.
  Expect intensive evidence work: drawing analyses, sales records, production logs, and a systematic evidentiary package.

Step 3: Preparing the Essential Attachments

Assertions without proof are empty. Every claim must be backed by documents.

• Basic document: Business registration certificate.
• Key proof sets:
  • Trademark: Genuine-distribution proof (transaction statements, tax invoices, import declarations, etc.).
  • Copyright: Original editable files (e.g., PSD), license certificates, and (if available) copyright registrations.
  • Design/Patent: Written non-infringement analysis, prior-use proof, and (if applicable) invalidity materials.

Submission tip: Name files clearly, e.g.,
[Exhibit 1] Genuine Supply Agreement.pdf,
[Exhibit 2] Copyright License Certificate.png.
Small courtesies that streamline the reviewer’s work can positively influence outcomes.

Step 4: After a First Rejection—Your Second (and Last) Chance

If your first submission is rejected and the complainant has filed a counter-statement, the situation is grave. The second submission is effectively your final opportunity. You must present stronger, supplemented evidence or new legal theories beyond what you advanced initially. If the matter still does not resolve at this stage, it may escalate into litigation—consult an expert immediately.

Step 5: Why Your Rebuttal Truly Matters

Under Coupang’s three-strikes policy, three confirmed IP infringements can permanently suspend a seller account. The operative word is “confirmed.”

• What counts as a confirmation? When a seller fails to rebut or declines to rebut. By contrast, if sales are restored after a successful rebuttal, no strike accumulates.
• One strike can endanger the business. Abandoning “just this one product” can leave an indelible strike. Once you reach three, years of accumulated sales data, reviews, and business foundations can vanish overnight.
• Your rebuttal is both defense and offense. It doesn’t just save a single listing—it is the only effective way to erase strikes and block the three-strikes endgame.

The Best Defense: Preparation and Professional Support

Coupang IP complaints now implicate the very existence of your business, not merely a temporary listing pause. Recognize the three-strikes regime and respond to every complaint with maximum rigor. Maintain thorough genuine-goods documentation and license records at all times, and when issues arise, seek expert assistance without delay.

The fastest and surest path—guided by Pine IP Firm.

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