Please I need serious help, I have implemented all corrective measures I know but keep getting same response : AMAZON RESPONSE: Thank you for submitting your appeal. We reviewed your appeal but are unable to accept it at this time as we determined that the corrective action items you have listed have not been implemented. Your account remains at risk of deactivation. Please make sure all corrective actions have been completed to be in compliance with your appeal.
Subject: Appeal for Account Reactivation
Detailed Root Cause Analysis of Trademark Infringements
Dear Amazon Seller Performance Team,
This letter is a formal appeal for the reactivation of our seller account regarding the notification warning received on the 11th of February. We acknowledge the trademark infringements that led to the account deactivation and provide a detailed root cause, corrective measures and preventive analysis to demonstrate our understanding and commitment to resolving these issues. We accept full responsibility for our errors and recognize the critical importance of adhering to Amazon's trademark policies.
Detailed Root Cause Analysis:
The deactivation resulted from multiple trademark infringements, detailed below. These were primarily caused by our failure to fully comprehend and implement Amazon's brand usage guidelines. Specifically:
• Failure to Obtain Required Authorization for Specific Brands:
For Westar (ASINs: B09M92FFRX, B09M92Z9MY, B09M947ZV7, B0D7W8636W, B09M92MMFF, B09M919SSZ) and Kenworth (ASIN: B0C47D18S5), we did not secure and submit the necessary authorization letters or invoices to Amazon prior to using these brand names. This signifies a significant lapse in our vendor verification and product listing procedures. We failed to consistently confirm and document brand-specific requirements before listing these products.
• Incorrect Usage of Brand Names and Qualifying Phrases for OEM Brands:
For OEM brands, including RAV4 (ASIN: B0CV5V21W6), NISSAN, F-150, Ford, Buick (ASINs: B0DF919R77, B0DF92TYVG, B0DF93DVTL, B0DF8SST7N, B0DF93SP85, B0DF8LD6XQ, B0DF8TTQL1), Toyota (ASIN: B09M7N651X), Chrysler, and Dodge (ASIN: B0DF94JQBL), we did not consistently use appropriate qualifying phrases like "compatible with" or "replacement for." This indicates a deficiency in our product description creation process and inadequate staff training on the correct use of brand names in aftermarket product listings.
• Inadequate Product Categorization and Description:
Our product listings did not consistently and clearly differentiate aftermarket parts from OEM products. This reflects a deficiency in our product data management and a lack of standardized descriptions, leading to potential consumer confusion and trademark infringements.
Specific Infringement Data:
• August 17th, 2024: ASIN: B0CV5V21W6, Rights Owner: RAV4, Type: Trademark
• August 26th, 2024: ASINs: B0DF919R77, B0DF92TYVG, B0DF93DVTL, B0DF8SST7N, B0DF93SP85, B0DF8LD6XQ, B0DF8TTQL1, Rights Owner: NISSAN, F-150, Ford, Buick, Type: Trademark
• September 3rd, 2024: ASIN: B09M92FFRX, Rights Owner: Westar, Type: Trademark
• November 27th, 2024: ASIN: B0C47D18S5, Rights Owner: KENWORTH, Type: Trademark
• December 4th, 2024: ASINs: B09M92Z9MY, B09M947ZV7, B0D7W8636W, B09M92MMFF, Rights Owner: Westar, Type: Trademark
• December 10th, 2024: ASIN: B09M7N651X, Rights Owner: Toyota, Type: Trademark
• December 18th, 2024: ASIN: B0DF94JQBL, Rights Owner: Chrysler, DODGE, Type: Trademark
• December 24th, 2024: ASIN: B09M919SSZ, Rights Owner: Westar, Type: Trademark
We are prepared to provide details of our corrective actions
Detailed Corrective Actions:
We have implemented the following corrective actions to address each instance of trademark infringement and prevent future occurrences:
1. Removal of Infringing Inventory and Descriptions:
All ASINs and product descriptions that infringed upon trademarked brands have been immediately and permanently deleted from our inventory.
2. Listing Updates for OEM Compatibility:
All remaining listings have been thoroughly reviewed and updated to include accurate compatibility terms (e.g., "compatible with," "replacement for") to ensure compliance with OEM brand trademark policies.
3. Westar Authorization and Invoices:
For Westar branded products, we have submitted the required authorization letters and invoices to Amazon, confirming our authorized reseller status.
4. Kenworth Resolution:
We have identified and deleted the ASIN associated with the Kenworth trademark infringement.
We have contacted Kenworth and requested a retraction letter to be sent directly to Amazon, as we do not sell Kenworth products and believe this infringement was an error.
The message sent to Kenworth is as follows:
" Dear Kenworth, We are writing to address a trademark infringement notice we received from Amazon regarding your brand name,
Infringement type: Trademark.
Date: November 27th, 2024
ASIN: B0C47D18S5
Name of rights owner: KENWORTH
We( Protier Industries LLC.) have confirmed that we do not sell any Kenworth products. We believe this was an error on our part and have removed the listing from our inventory. We kindly request that you provide Amazon with a retraction letter to resolve this issue, please kindly send to amazon email (notice-dispute@amazon.com) . We sell Westar parts and have their documents as much as they can give, We do not have KENWORTH, it must have been listed in error. Thank you for your cooperation."
Specific Infringement Resolution Summary:
• August 17th, 2024: ASIN: B0CV5V21W6, Rights Owner: RAV4, Type: Trademark
Corrective Measure: Removed from inventory.
• August 26th, 2024: ASINs: B0DF919R77, B0DF92TYVG, B0DF93DVTL,
B0DF8SST7N, B0DF93SP85, B0DF8LD6XQ, B0DF8TTQL1, Rights Owner: NISSAN,
F-150, Ford, Buick, Type: Trademark
Corrective Measure: Removed from inventory.
• September 3rd, 2024: ASIN: B09M92FFRX, Rights Owner: Westar, Type: Trademark
Corrective Measure: Submitted invoice and letter of authorization.
• November 27th, 2024: ASIN: B0C47D18S5, Rights Owner: KENWORTH, Type:
Trademark
Corrective Measure: Requested Kenworth send a retraction letter to Amazon and
removed from inventory.
• December 4th, 2024: ASINs: B09M92Z9MY, B09M947ZV7, B0D7W8636W,
B09M92MMFF, Rights Owner: Westar, Type: Trademark
Corrective Measure: Submitted letter of authorization and removed from inventory.
• December 10th, 2024: ASIN: B09M7N651X, Rights Owner: Toyota, Type: Trademark
Corrective Measure: Removed from inventory.
• December 18th, 2024: ASIN: B0DF94JQBL, Rights Owner: Chrysler, DODGE, Type:
Trademark
Corrective Measure: Removed from inventory.
• December 24th, 2024: ASIN: B09M919SSZ, Rights Owner: Westar, Type: Trademark
Corrective Measure: Submitted letter of authorization and removed from inventory.
Comprehensive Preventive Measures to Ensure Ongoing Trademark and Intellectual Property Compliance:
To prevent any future infringements and ensure sustained adherence to Amazon's policies, we are implementing the following robust preventive measures:
a. Enhanced Brand Authorization Process with Amazon Pre-Approval:
• Mandatory Authorization and Amazon Approval Before Listing: Henceforth, we will strictly enforce a policy requiring explicit written authorization from brand owners and pre-approval from Amazon before listing any branded products. We understand the importance of Amazon's direct involvement in this process.
• Secure and Verify Comprehensive Documentation: We will meticulously obtain and verify all necessary documentation, including Letters of Authorization (LOAs), licensing agreements, and invoices, to confirm our legal right to sell branded products.
• Submit Authorization Documents to Amazon for Approval: We will submit all brand authorization documents to Amazon for review and approval prior to listing any products.
• Centralized Documentation Repository: We will create a centralized digital repository for all brand authorization documents, ensuring easy access and verification.
b. Proactive Legal Compliance and Oversight:
• Engagement of IP-Specialized Legal Counsel: We will retain the services of legal counsel specializing in intellectual property law to provide expert guidance and ensure compliance with all applicable regulations.
• Implementation of Regular Legal Reviews: We will conduct periodic legal reviews of our product listings, marketing materials, and internal processes to identify and mitigate potential IP risks.
• Staff Training on IP Law: We will provide comprehensive training to our staff on relevant IP laws and Amazon's policies, empowering them to identify and report potential infringements.
c. Systematic USPTO Verification and Trademark/Patent Searches:
• Regular Trademark and Patent Searches: We will conduct regular searches on the United States Patent and Trademark Office (USPTO) database and other relevant IP registries to identify potential trademark and patent conflicts.
• Pre-Listing Verification Process: Before listing any new product, we will implement a mandatory verification process to ensure that the product and its description do not infringe upon any existing trademarks or patents.
• Utilize IP Monitoring Software: We will research and implement IP monitoring software to alert us of any new trademarks or patents that could affect our listings.
d. Comprehensive Intellectual Property Policy Compliance:
• Address All IP Types: We will ensure compliance across all forms of intellectual property, including:
Trademark text and logos
Copyrights (product images, descriptions)
Patent design and utility
• Regular Compliance Audits: We will conduct regular internal audits to verify compliance with Amazon's IP policies and relevant legal requirements.
• Updated Policy Documentation: We have created and will maintain an internal document containing all of amazons trademark polices, and will require all employees to read and sign off on this document.
• Clear internal communication: We will have clear lines of communication between the listing team, and the legal team.
e. Enhanced Inventory Management and Monitoring:
• Automated Authorization Expiration Tracking: We will implement an automated system to track and alert us to the expiration dates of brand authorizations and licensing agreements.
• Regular Listing Reviews: We will conduct regular reviews of our product listings to ensure ongoing compliance with Amazon's policies and to identify any potential infringements.
• Prompt Removal of Non-Compliant Items: We will establish a clear procedure for the prompt removal of any product listings that are found to be non-compliant or infringing.
• Listing software: We will use listing software that will notify us of any potential violations.
These proactive measures, particularly the implementation of Amazon pre-approval for brand authorizations, will ensure that we maintain a high standard of compliance with Amazon's policies and respect the intellectual property rights of others. We are committed to fostering a trustworthy and compliant selling environment.
Please with the erros made and the experience and knowlegde gotten as a result of the deactivation am very sure , this will not happen again