IP Complaint "Infringement"
I just noticed 2 of the listings I was selling on had been taken down. I did not receive an email or anything. I then noticed it was due to an IP Complaint: Infringement. I quickly sent an email appealing the claim with proof of purchase in the form of an invoice from my supplier. My account is not suspended but I would like to know the best plan of action going forward. I have not heard anything from Amazon as of yet. Is there something else I should do/how long does it usually take for Amazon to respond to this matter.
Thank you in advance!
11 replies
Seller_WWkCJVeImeFP7
I am having the same issue! Two listings marked with an IP Complaint: Infringement. What was strange was I did not get a performance notification or email about the IP complaint issued and I only found out via checking my account health.
I been emailing seller performance, but without a complaint ID or case ID (due to a lack of performance notification or email) they can’t investigate into my claim.
Seller_jw3HRo32wY2Hk
Hmmm this seems to be a new scenario. Have Amazon realised the system is broken? You state there is no complaint ID or case ID - that may also mean there is nothing for a competing team within Amazon to shutter you with. No IDs means it may not show up on internal reporting they use to close down sellers. So this could actually be in your favour, but yes I understand if you have authentic goods you want them reinstated. As I’ve pointed out I haven’t heard a thing from notice-dispute@amazon.com since Feb 15, 2019.
Seller_Ba2T0rVchj2fw
I keep winning my IP appeal from the bogus Chinese claim. But Amazon keeps letting them use the same claim to shut me down. How can someone keep using the same claim? How come Amazon doesn’t get with us sellers first before shutting down to understand our side of the story??
Seller_wTgwf7Qu931Jl
I had this happen to me as well on one of my listings. I went to the USTPO web site and searched the Tess database to see if any word I was using in my description had been trademarked. One of the words in my title that described a very generic animal that was in my graphic was indeed trademarked. We changed our title to include the word “with” in front of the animal name and the item was restored to active. So, for example, if you were selling a coffee mug with an image of a generic apple on it, and your title was XYZ Coffee Mug Apple Large with Lid, change your listing to XYZ Coffee Mug with Apple Large with Lid. It may solve your problem.
Seller_DVtU0nTuCKhig
Hi @Grant_sWill,
Arthur here to assist.
In reference to infringement complaints that are found within the account health dashboard, you will always need to submit invoices to appeal the ASIN in question.
When you review the invoices or proof of purchase documentation you plan to submit for the ASIN(s) in question, make sure to follow these requirements:
– 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.
If your documents are missing any of the information above, you will need to re-evaluate your strategy moving forward and focus on the plan of action that is required of you. You will need to explain why your documents do not match to the requirements and include how you will address this moving forward.
I know you stated you never received an email in reference to the infringement complaint. Make sure to look in your account health dashboard to find the date the complaint was filed and ensure your email addresses are up to date. Access your performance notifications as well to evaluate all places a message could have been sent.
Since the type of infringement was not communicated to you, I suggest reading the ‘Intellectual Property Policy for Sellers’ policy page: https://sellercentral.amazon.com/gp/help/201361070. This will allow you to identify any possible outliers that were overlooked previously.
As long as the listing is in your inventory, you will be held responsible for it. The rights owner filed a complaint because they felt you violated or used their intellectual property without permission. This does not take into account the modification or creation of a listing itself, just the type of intellectual property that was found to be in violation.
I suggest reviewing the documents and previous appeals you have submitted in order to revise them. If you have questions along the way, do not hesitate to seek advice from myself or anybody within the community.
I hope this helps,
Arthur
