Google Merchant Centre Suspensions for Alleged Copyright Infringement: How UK Retailers Can Fight Back Using IP Exhaustion Laws
Google Merchant Centre is a vital platform for thousands of UK retailers, driving sales through Google Shopping and connecting businesses with customers across the country and beyond. Yet an increasing number of merchants are seeing their accounts suspended for alleged intellectual property (IP) infringement, even when they are selling genuine products obtained through legitimate supply chains.
Understanding your rights under the principle of IP exhaustion can make a significant difference. This article explains what IP exhaustion is, how it applies to online retail, and the practical steps you can take to protect your business and challenge unfair suspensions.
Why Google Merchant Centre Suspensions Happen
Google enforces strict policies around product listings to protect intellectual property owners, consumers, and its own platform. The most common suspension reasons include:
- Use of copyrighted content such as images or product descriptions
- Listings that Google associates with counterfeit or misrepresented goods
- Alleged authenticity, trademark, or brand violations
However, Google’s automated systems often flag legitimate resale activity as infringement. This particularly affects retailers sourcing genuine products from authorised UK or EEA distributors.
The Legal Defence: IP Exhaustion Explained
The doctrine of IP exhaustion, sometimes called the first sale principle, is a cornerstone of UK and European copyright and trademark law. Once a product has been placed on the UK or EEA market by the rights holder, or with their consent, their distribution rights are considered exhausted. In practical terms, the IP owner cannot lawfully prevent the product from being resold or redistributed unless it has been modified or the resale damages the reputation of the brand.
Key Points for UK Retailers
- Goods first sold in the UK or EEA fall under the UK plus exhaustion regime, which limits IP owners’ control after the initial sale
- IP exhaustion applies only to genuine goods, not counterfeit or unlawfully reproduced products
- Evidence of provenance is essential, including invoices, supply chain documentation, and correspondence with distributors
Practical Steps to Respond to a Google Suspension
- Review the Suspension Notice
Carefully read Google’s notification to identify whether the suspension relates to copyright, trademarks, counterfeiting, or another policy issue.
- Gather Your Evidence
Collect clear documentation proving that the goods were first placed on the UK or EEA market with the rights holder’s consent. Include:
- Supplier invoices
- Shipping or customs records
- Distributor confirmations
- Product descriptions and images sourced from the manufacturer or authorised distributors
- Submit a Clear, Well Structured Appeal
Your appeal should explain that the goods are genuine, that IP rights have been exhausted, and that no infringement has taken place. Attach all supporting documents and, where possible, request a manual review.
- Reduce Future Risk
- Maintain thorough supplier and product records
- Use only authorised or licence compliant images
- Keep product data accurate and up to date
- Monitor your Merchant Centre account for emerging enforcement patterns
How IP Exhaustion Strengthens Your Appeal
UK law gives retailers the right to resell goods where IP rights have been exhausted. The Intellectual Property Office has confirmed that the UK plus exhaustion system continues to operate as a permanent framework for businesses selling legitimate goods sourced within the UK or EEA.
However, this protection does not extend to products first placed on the market outside the EEA, products that have been materially altered, or listings that use copyrighted creative content such as custom images or branding without permission. In these situations, IP exhaustion may not apply.
When suspensions recur, a supply chain audit and specialist legal advice can help verify product provenance and ensure continued compliance.
When Resale Is Not the Problem
It is important to realise that, not every Merchant Centre suspension concerns the legality of reselling genuine goods. In many cases, the issue arises from how brands and trademarks are presented on your website or within your product data. Google may suspend accounts where:
- Brand names are used in a way that implies official endorsement
- Protected logos or trade dress appear without permission
- Page layouts closely resemble those of the IP owner
- Consumers could be misled into thinking the seller is affiliated with the brand
It is important to distinguish between:
- Lawful resale of branded products
- Potential trademark infringement or passing off caused by how those products are marketed or displayed online
As part of any response strategy, review your branding, meta titles, headings, domain names, product images, and any comparative claims. Ensuring that trademarks are used descriptively and not suggestively can help prevent repeat suspensions.
Avoiding Merchant Centre Issues: Best Practices
- Source products only from trusted suppliers with verified authorisations within the UK or EEA
- Update product data regularly to match authorised materials
- Train staff on key IP principles including exhaustion and parallel imports
- Review supplier and distributor contracts to confirm resale rights
- Use monitoring tools to track listing status and policy changes
When to Seek Legal Support
If Google continues to reject your appeals or if you are unsure whether your products qualify under IP exhaustion, specialist legal support can make a decisive difference. Experienced solicitors can:
- Assess whether your suspension conflicts with your rights under exhaustion law
- Draft detailed legal submissions and structured appeals
- Audit supplier contracts and sales documentation
- Help resolve disputes with suppliers or Google’s enforcement teams
We Can Help
If you are facing Google Merchant Centre suspensions, repeated infringement allegations, or uncertainty about whether IP exhaustion protects your listings, the Jonathan Lea Network can assist.
Our specialist solicitors can:
- Review your products and supply chain
- Advise on your legal position
- Prepare clear, persuasive appeals
- Help you minimise disruption to your business
To discuss your situation in confidence, contact the Jonathan Lea Network to arrange an initial consultation.
Please email wewillhelp@jonathanlea.net providing us with any relevant information ensuring that any call we have is as productive as possible or call us on 01444 708640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.
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