Intellectual property infringement notice
Hi guys,
I received an Intellectual property notice from AZ few days ago.
Here’s what they said
Hello,
We received a report from a rights owner concerning the authenticity of the products listed at the end of this email. We removed this content, but we may let you list these product(s) again if we receive a retraction of the complaint from the rights owner:
If the rights owner agrees to retract their complaint, they must send the retraction to us at notice-dispute@amazon.com
If you believe that the reported content is authentic, you may email notice-dispute@amazon.com with proof of authenticity. This includes, but is not limited to, an invoice or Order ID.
We consider allegations of intellectual property infringement a serious matter. If we receive more complaints about your listings, we may not allow you to sell on Amazon.com
The item is one of the designer inspired backpack. and there are at least 5 different listings when you search baobao or geometric backpack. They are all the same products with different brand names. From what I know, there are multiple Chinese manufactures that produce this item, and many importers who bring them in to United States.I bought it from one of the importers. You can even find multiple sellers who are selling this item on Alibaba.
I added mine to one of the listings, and have been selling it for about a month now with no complaints from customers.
and when I test bought the item, I wasn’t able to find any trade marks or logos on it, and it was exactly same as mine, so I added it to the listing.
AZ wants me to send an invoice, but I don’t think they will accept mine as a proof.
Since this item is produced by multiple factories, and I’ve acquired it from a US based importer, the style number, and source of this item must be different from what they are expecting.
I really need to appeal that my item cannot be considered as counterfeit.
If my item is fake what could be original or authentic? it’s all copied design of Baobao by Issey Miyake.
Please help me with solving this issue.
By the way, my item hasn’t been removed yet, and it’s still active now.
I also checked my account health, and I see there is 0 Intellectual Property Complaints.
Seller_AJ8SzzrXJpQN1
You are selling counterfeit bags. There is no appeal for this. As it stands, you are lucky that Amazon has not suspended your account. If they did, you would not be able to get reinstated. As it stands, you have only had this one listing removed. Keep your fingers crossed that you do not get a suspension notice. Also, be proactive and remove all of your listings that have not been purchased directly from a manufacturer or authorized distributor. One more of these IP violations that you cannot defend will end your Amazon selling career.
Seller_VPTojhikJPGtl
AKA Copied/counterfeit…
Seller_bWU6w5XvXmIfs
It is possible, that a competitor, who is selling the same counterfeit bags on Amazon reported you, but it still doesn’t make any difference. Amazon will want you to provide valid invoices, which you don’t have.
I would advise you to forget about selling copies of popular brands and start selling unique items designed by you or source authentic items directly from the manufacturers. If you receive more complaints like this, you could get your account suspended.
Seller_o1sx2kY9w8Q5g
You need to respond to the notice or Amazon may put restrictions… depending on your account history of violations they will probably not suspend you for this infraction but if you do not respond, they may do it solely based on that.
“Designer inspired” product is the polished turd of a word “counterfeit” You are attempting to validate your item as from the original designer by stating it is made by many factories and even sold on Alibaba?
Notice@amazon.com in the past couple weeks are not doing ANY DUE DILIGENCE… they are blocking listings without notice, Sending notices without blocking listings… Reinstating and never actually unblocking and just sending denial notices without even reviewing information…etc…
Seller_FKQfwyUNMc9Nc
did you read the letter that Amazon sent you?
I found it to be self-explanatory.
don’t sell counterfeit items (or copies)
Seller_CkZNl73T7UeJM
I think what he’s trying to say is the design is similar but not identical to a designer’s design. This occurs and as one commenter mention, even some Amazon items do this.
You should be able to appeal this with Amazon but it may take many tries as even simple appeals are hard to get through. Just mention that the design is SIMILAR but not IDENTICAL and hence not infringing. Provide pictures with annotations to make it easy for them to understand, as your writing is frankly difficult to understand; you can cite laws too…
Legally, the rights owner would have to prove that this design is similar enough to theirs to create confusion/erode brand image, etc. to prevent the seller from selling it (they would have to arbitrate the case in a court).
Seller_OtMUVcegIB3Hd
What a waste of time reading all the unhelpful responses…
In this case… DIOMO is the brand owner who most likely filed the complaint… If you did not get your bag from DIOMO or do not have proof that it is a DIOMO brand bag you are out of luck.
Just because they completely look identical does not mean you can list on the same page, you will need proof or an invoice that proves it is an original DIOMO bag.
Seller_FM4TuZBO1GUDh
Notice the ONLY seller still showing is Amazon Warehouse Deals and the Manufacturer itself. This is a clear cut “get off our listing” as they probably did not approve anyone else but amazon to sell the item so they knew yours was either counterfeit or a store bought resale.
