I received an Amazon Trademark Infringement Notice because an Amazon seller who has a trademark on selling t-shirts with the phrase "Don't Tread on Me" on them can, in Amazon's eyes, block everyone from using the phrase "Don't Tread on Me" in any listing even if that listing has nothing to do with t-shirts or not.

Here is the USPTO trademark information:

Mark Literal Elements: DON'T TREAD ON ME

Mark Drawing Type: 4 - STANDARD CHARACTER MARK

US Serial Number: 78399375

US Registration Number: 2959755

International Registration Number: 0910513

The product I want to sell is the Gadsden flag. It is a flag that was designed 248 years ago during the USA Revolutionary War. You can see a full description of the flag on Wikipedia. Unfortunately, I'm not able to provide a link to that page on this system because Amazon blocks all outside URL links.

This is a public domain flag design. No one has a trademark on the design or the "Don't Tread on Me" phrase when used together with that design. Nevertheless, Amazon has flagged my ASIN and prohibited me from using the "Don't Tread on Me" phrase to describe the flag that I want to sell.

As you can see from the chat which I had with an Amazon associate yesterday, and have included below, the business with the "Don't Tread on Me" trademark, sells t-shirts in CLASS 24. I sell flags in CLASS 25. There is no overlap between the two, and the business selling t-shirts has no right to block the use of "Don't Tread on Me" in other classes, but Amazon does exactly that.

Adding insult to injury, there are over 500 other Gadsden flag ASINs currently on Amazon that use the "Don't Tread on Me" phrase without any repercussions from Amazon. Why was my ASIN targeted and hundreds of others can do business as usual?

I have included the chat I had with an Amazon associate yesterday below that details the contact I have already had with Amazon on this subject and -to provide a bit more insight to my frustration.

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You are now connected to TIMOTHY from Amazon Seller Support

TIMOTHY: Thank you for contacting Amazon Selling Partner Support. My name is Tim. I am a Live Channel Specialist and I will be taking care of your case today.

Me: If you visit ASIN: B0D33S69N2, then you will see an Amazon error page:

TIMOTHY: I completely understand your concern in this regard. Please allow me a few moments to review your case.

I understand the issue you are facing with reinstating ASIN: B0D33S69N2. I'm currently investigating your issue thoroughly to provide you the best outcome possible. Please bear with me a few more moments.

Me: The listing should be back online since more than 24 hours have passed since the reinstatment was approved.

I have time. I just want to finally have this resolved and put the listing back online.

TIMOTHY: After investigating thoroughly, I have found that the previous associate that said it was reinstated was mistaken and provided incorrect information. They were looking at a case with our internal team where they reinstated ASIN: B0D342ZNT1. For ASIN: B0D33S69N2, the reinstatement was denied, and you would need to either provide a Letter of Authorization or update the brand.

I understand you have stated that a flag made 248 years ago can't be trademarked. However, since the brand "Don't Tread On Me" is a protected brand on Amazon, our internal team will only reinstate this ASIN if the brand is updated or a letter of authorization is provided.

Just to let you know, I am still here. Do you need any more time?

Me: And who can I receive a letter of Authorization from for a flag that is 248 years old?

Who is the holder of the "Don't Tread On Me" is a protected brand on Amazon?

TIMOTHY: From the protected brand on Amazon "Don't Tread On Me". Please allow me a few moments to see if I can provide that information.

Me: My protected brand is Key West Flags. This means that I can now block anyone who uses the words "Key West Flags" on Amazon. Correct?

TIMOTHY: This is their website: [The Don't Tread on Me Website URL that I cannot provide a link to a non-Amazon website here]

If you believe another Seller is infringing on your intellectual property, you can submit a claim via your Brand Registry page.

Me:I see that there are 508 results for "don't tread on me flag" on Amazon. What is being done to remove all of those listings from Amazon?

Why am I apparently the only one who is delisted?

There is no one on the USPTO.gov website who has the term "Don't Tread on Me" trademarked for that term in conjunction with usage for selling flags because there is no trademark for that usage.

TIMOTHY: Unfortunately, since each situation is handled on a case by case basis, I am unable to determine why your listing received a violation and others have not. Since this type of issue is handled by our internal team, I can only reach back out to them requesting reinstatement again however since they have already denied the reinstatement three times they will likely deny it again but I would be glad to try for you.

Me: Please try again. This is absurd.

TIMOTHY: I am the associate you spoke on the phone with yesterday. I did explain it to them very clearly. I will reach back out to them again. One moment please.

Me: No one can have a trademark on a flag that is 248 years old. No one can trademark a common phrase.

Last time, you asked me to wait on hold for 30. I have more time today and could wait for a response.

TIMOTHY: If you believe there is a violation, you can click the Report Abuse link via your Account Health Dashboard in Seller Central.

Please allow me a few moments to reach back out to our internal team.

Me: My delisting was certainly the result of an Amazon algorithm and not of a human initiated violation

I'll be here

TIMOTHY: We are researching on the issue. To ensure a thorough and accurate response, it may take approximately 30 minutes. If you have the time to wait, we would be happy to provide you with the information as soon as it's ready and if you have any other queries I would be glad to assist you with that while we finish our research. Alternatively, if you prefer, we can get back to you via email once the research is complete. Your flexibility is appreciated.

Me: [Amazon doesn't allow me to place an outside link here]

I'll wait this time. I'll keep this window open and look back every couple minutes.

TIMOTHY: I have added that wiki link and an encyclopedia link yesterday and I have added them again today.

Okay great. I will keep you updated.

Also for your reference, here is the registered trademark for the brand: [Amazon doesn't allow me to place an outside link here]

Me: Great. That proves my point. They have the phrase trademarked for dozens of goods/services, but the one good that they do NOT have trademarked is for flags.

TIMOTHY: That is correct and I have also explained that detail to our internal team.

Our internal team is currently investigating the issue. Should be just a few more moments.

Me: INTERNATIONAL CLASS 025

GOODS OR SERVICES Apparel, namely, t-shirts

TIMOTHY: Thanks for staying connected. I am currently working with our internal team to come to a resolution. Please bear with me a few more moments.

Me: I'm still here

Flags belong to CLASS 024. Specifically, to Class 240042: flags of textile or plastic. The Amazon seller has a trademark in INTERNATIONAL CLASS 025. These are two entirely different categories

TIMOTHY: Thanks for the information, I have forwarded this to our internal team and they are currently investigating.

Me: In fact, the only good that remains in the seller's trademark is t-shirts. ALL of the other goods have been removed from the initial registration.

TIMOTHY: Got it, I have annotated this for our internal team as well.

Me: If one looks at the "Goods and Services" drop down section on the Trademark search page, they will see that goods that are separated by brackets are goods/services that have been deleted from the trademark. The seller apparently tried to trademark nearly every apparel item imaginable, but the only item that remains outside of the deletion brackets is t-shirts

TIMOTHY: This is noted, thank you. Our internal team is still investigating the issue. Shouldn't be too much longer.

Me: The bottom line to all of this is that the seller only has a trademark to sell t-shirts with the "Don't Tread on Me" quote. They have no claim to anything else.

TIMOTHY: I can assure you that this has been explained in detail to our internal team.

Me: ..."this has been explained in detail to our internal team" but they have turned me down 3 times already so I'm not 100% hopeful.

TIMOTHY: Unfortunately I cannot control the policies and criteria they follow

Our internal team that was currently investigating have denied the reinstatement. I have been going back and forth with them this whole time, debating your points. However, I try one more time to get another member of our internal team. One moment please.

Me: If they turn me down again, then I trust they will immediately also shut down the 500 ASINs that sell "Don't Tread on Me" flags and are still active on Amazon.

TIMOTHY: If you believe any of those ASINs are in violation, you can report that by clicking report abuse via your Account Health Dashboard.

Me: How can I report ASINs for being in violation of a trademark that I don't own? If that were the case, then every seller on Amazon would spend their days doing nothing but reporting violations on their competitors

TIMOTHY: I have reached back out to our internal team, and they are researching on the issue. To ensure a thorough and accurate response, it may take approximately 30 minutes. If you have the time to wait, we would be happy to provide you with the information as soon as it's ready and if you have any other queries I would be glad to assist you with that while we finish our research. Alternatively, if you prefer, we can get back to you via email once the research is complete. Your flexibility is appreciated.

You can still report it if you believe those listings are violating Amazon policies. However, we are unable to suppress 500 ASINs because yours was not reinstated. Each situation and ASIN is handled seperately on a case by case basis.

Me: ...and that shows the unfairness of this entire matter. I'm doing nothing wrong, but my listing is flagged. 500 other ASINs are able to sell without a problem

TIMOTHY: Our internal team has reached out and they are currently investigating your issue. I will keep you updated.

Trust me, I completely understand your frustration and concern. However, the only thing I can do is push back on our internal teams decision.

Me: I do appreciate your assistance.

TIMOTHY: Our internal team is still investigating. Thanks for your patience.

Me: I'm still here. We all have better things to do today, but I want to finally get this resolved.

TIMOTHY: Our internal team has completed their investigation and they have concluded the following:

Kindly notice that even though a "flag" is not under the goods and services of the trademark, we still protect the brand name.

Please ask the Seller to provide a letter of authorization from 'Don't Tread On Me' stating that they have the right to use licensed 'Don't Tread On Me' references and sell them under Seller's own Brand Name, establishing a relationship between them. Seller can either provide the supporting documentation, or remove the protected brand name from ASIN Detail page, these are the options to keep the item under the brand "Key West Flags". I understand this is not your expected outcome, and I apologize for the inconvenience.

Me: This is an outrage.