Infringement


#1

Has anyone had there account blocked for Infringement Violation… I was told all you need to produce is a sales invoice… Can anyone share any similar experiences …


#2

The email the Amazon sent you explains what you need to do.
Hopefully you are not like many sellers and think a sales receipt is an invoice.


#3

That depends on the trademark that was infringed upon. Some infringements are really quite straight forward while others are much more involved and require the infringed party to formally withdrawal the complaint.


#4

Post the notice you got from Amazon. There are many different types of infringement and responses required.


#5

We removed some of your listings because we received a report from a rights owner that they may infringe the following trademark. The listings we removed are at the bottom of this message.

– Trademark number - 87260152

Why did this happen?

One or more of your listings may be infringing the intellectual property rights of others.

We’re here to help.

If you need help understanding how you may have infringed the above trademark, please see the Amazon Intellectual Property Policy by following this link https://sellercentral.amazon.com/gp/help/external/201361070, or search for “Intellectual Property Policy” in Seller Central Help.

How do I reactivate my listing?

Please provide one of the following to reactivate your listing:

  1. An invoice, a valid Order ID, or letter of authorization from the manufacturer or Rights Owner demonstrating that your use of the trademark is lawful to notice-dispute@amazon.com. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff.

Have your listings been removed in error?

If you believe there has been an error, please tell us why. Your explanation should include the following information:

– Proof that you have never sold the reported product. We will investigate to determine if an error occurred.

OR

– Explanation of why you were warned in error. We will investigate to determine if an error occurred.

What happens if I do not provide the requested information?

If we do not receive the requested information, your listings will remain inactive.

ASIN:B07HVLYW3X

Infringement type: Trademark (Product Packaging, Word Mark, Logo & Design)

Trademark number: 87260152

Complaint ID: 6234884071

– Olga

olga@yellapro.com

You can view your account performance https://sellercentral.amazon.com/performance/dashboard?reftag=email_warn) or select Account


#6

Home Hero is Trademarked by Yellapro. Yellapro has told Amazon that you specifically aren’t allowed to sell Home Hero. You will either need to provide a recent invoice from Yellapro for Home Hero 11 utensil set. Or you will need to contact Yellapro and have them withdraw the complaint.

On the brightside the main image of the listing violated Amazon policies, so nobodies perfect.


#7

Did you dump your product on amazon? Just saw these on that listing


#8

It appears the purported rights/brand owner has an FBA account, so filed a complaint to remove your competing offer. LOL - so much for sellers competing with each other on price or quality of service.

Remember - First Sale Doctrine - selling an authentic product is fully legal, a court would never rule against that. Legal precedent goes back to 17th century English law. Amazon has invented their own rules in recent times, fine, but the way they’re implemented is pretty nasty. If Amazon want to do that they should just gate the product detail page on receipt of a so-called “complaint” and stop it being used as a honey trap style entrapment. What sounds more legal to you - First Sale Doctrine or a honey trap… Go figure!


#9

Amazon removed my product.


#10

A invoice from the supplier that I purchased product from won’t help?.


#11

Hi @T_L_Products,

Arthur here to assist.

I want to help you based on my observations from this post.

If your account was deactivated due to infringement, you will be required to produce a plan of action alongside invoices/proof of purchase documentation that represent that ASIN(s) in question. The plan of action needs to be structured, concise, and detailed to the reasons why you infringed on intellectual property. Before your account was deactivated, were you aware of the ‘Intellectual Property Policy for Sellers’ page that can be found here: https://sellercentral.amazon.com/gp/help/G200285170?

If not, you will need to explain all the reasons why you listed items with intellectual property you didn’t have permission to use. You should use this guide as a helping hand while composing your plan:

  1. The root cause of the issue (After reviewing your current business model and processes, why do you believe rights owner complaints regarding intellectual property infringement would occur?)
  2. The steps you immediately took to resolve the root cause(s) you identified (What have you done, and what did you change within your business model or processes to eliminate those root causes?)
  3. How you will avoid similar issues from happening again (Provide a timeline. Think long-term.)

Invoices are exactly what you are being asked to provide. While reviewing every facet of your business, make sure you are sourcing your product from reliable places in order to verify legitimacy. The invoices you will be required to submit have to adhere to these requirements in order to be considered in your appeal:

-Supplier issued in the last 365 days for the ASINs listed below
-These documents should reflect your sales volume during the last 365 days.
-Please include contact information for your supplier, including name, phone number, address, and website. We will maintain the confidentiality of your supplier contact information.
-You may remove pricing information, but the rest of the document must be visible. For ease of our review, you may highlight or circle the ASIN(s) under review.

You appeal consisting of a plan of action and invoices will need to be sent to notice-dispute@amazon.com. Your account will be reviewed holistically, and a response will be provided to you once that review is complete.

Let me know if you have any other questions.

I hope this helps,
Arrthur


#12

I know this thread is a month old … but to answer the question: Yes, if they are an authorized distributor of the brand and not just some clearance outlet.

In fact Amazon did not ask for a POA, only, “An invoice, a valid Order ID, or letter of authorization from the manufacturer or Rights Owner demonstrating that your use of the trademark is lawful”


#13

Good spot. So Amazon Warehouse have everything they’re asking for from 3P sellers? Invoices “proving authenticity” from last 365 days? What, they don’t? Oh thought not… Talk about being taken for fools!:joy: