Intellectual property violations


#1

We received a IP violation notice for the term “In Loving Memory”. Even though we agreed to take them down our account was shut down. The product we were selling were window decals. We purchased a clip art disc from Amazon (ASIN: B00R4UR3NG) in 2016 and have been selling them with no issue since. Even though they sell really well, it is what it is. If we can’t sell them ok but now we have no account at all. Anyone have any suggestions??


#2

For best help, you need to post the entire notice/warning you received from Amazon. If this is your first violation, Amazon will normally only warn you - not shut down your account. They will, of course, deactivate the listing immediately.


#3

Scroll down to: OTHER COMMON REASONS FOR SUSPENSIONS… , in the linked thread for formatting and appeal.


#4

IP Rights Suspensions are the hardest …

  • You really need a retraction
  • You need a great appeal if you can’t get a retraction … and a good appeal even if you do get the retraction.

Use either Rushdies’s thread or mine : Suspended by Amazon. What should I do ? Help with appeals by Oneida BooksAFTER you have tried to get the retraction.


#5

Does not claim to be copyright free or licensed for commercial use in its Amazon or Alibaba listing.

I suggest you check the documentation to see if the supplier represents it appropriately.

Would not surprise me if you are violating someone’s copyright by selling products using the art.


#6

This is really interesting.

I got “suspended” a few weeks ago for IP rights complaint by getting the phone call from Account Health team and being asked to submit a POA and proof of authenticity within 24 hours or I may not sell on Amazon.

I submitted it within 20 minutes and then the case got closed and I never heard from them again.

I was also expecting it to be more difficult.


#7

Was it for Counterfeit under IP Rights ? Those do often go quicker … as you only need a good invoice like you do for Authenticity Complaints …


#8

Do all of your homework, friend. Hopefully you get this message before the assassination squad wake up and begin accusing you and demeaning you. I was hit with an IP claim once and was told that the rights owner had to retract the claim in order for me to continue selling. I tried contacting the rights owner who to my surprise lead to some generic website and their email address bounced back “undeliverable”. I wrote into the Performance Team with this information and was immediately released to sell.

You would think Amazon would do their research FIRST before convicting its sellers of wrong doing but they don’t. Any lame brain can scream IP INFRINGEMENT and sadly their claims are honored as truth on Amazon. I am not saying that you did or didn’t infringe but I am saying that you should search the entire claim out.


#9

It was due to a notice of trademark infringement. It did not mention anything about authenticity but still required me to provide invoices.


#10

did you search uspto trademark database for an official registration?


#11

I just took a look at the ASIN and this smells to high heaven! 1 picture with the words “In Loving Memory” which is printed on sentiment cards all across America caused your account to be suspended?! It is apparent that Amazon hasn’t even investigated this. You might want to contact an Amazon lawyer for help. This is ridiculous!


#12

I wish more sellers had your experience … but it is not the norm.

Most sellers don’t get a phone call and have a time getting things straightened out. Or so I have seen and has been posted …


#13

in the OP case, who would have been the accuser? in the print industry we had books of clipart that we used and they were all copy right and trademark issue free. now there are multiple on line companies you can buy from without any fear of issues arising. if anyone would be truly at fault it should be the producer of the clip art disk.


#14

Except anyone who uses infringing images is at fault under copyright law.

Just as you are responsible if you buy and resell stolen goods.


#15

TRUE
but no intent, and purchased (most likely) from what appeared a legit source. the newer online services seem a little more safe now. still wonder who brought the accusation up.


#16

That was my first thought: Using clip-art for commercial purposes. Every website I have looked at clip-art has the same restrictions against commercial use. I wonder if that was the issue.


#17

There are some clipart collections which allow commercial use.

Although this collection is sold on Amazon, it is also sold on Alibaba making me suspicious of what’s in the box.


#18

I am seeing people mentioning getting phone calls in their suspension notices every day. Here is an example:

POA Help After False Infringement Claims from Chinese Companies.

If the seller answered the phone, he wouldn’t be suspended now.

My notice was exactly the same, just there was only 1 ASIN and it only included “Infringement: Trademark”. Also, in the beginning it said “as we discussed on the phone”, “submit a valid Plan of Action within 24 hours” and “your account is still active”.


#19

Perhaps both you and @The_NSFE_DOES_SUCK are correct.

Without more information I suspect Professional and/or business registered accounts get phone calls while regular may not.


#20

The phone calls are a newer thing (and something Amazon mentioned testing out a while back) BUT something we see more of currently … so yes @Seller_2zvHv4ArfNLc7 is right about that part.

I don’t know yet what determines who gets a call and who doesn’t … so no comment on that.