Need Help with Plan of Action from Seasoned Sellers
Got home from having my chemotherapy for lung cancer today to find this notice:
Amazon
Dec 18, 2019 09:23 AM
Dear Casey Ann’s Candy Boutique,
We attempted to reach you by phone to discuss the status of your account.
There have been some issues with your account related to intellectual property infringement.
Why is this happening?
Amazon does not allow listings that violate the intellectual property rights of brands or rights owners. To learn more, please review Amazon’s Intellectual Property Policy (https://sellercentral.amazon.com/gp/help/201361070).
Amazon previously alerted you of these issues by emailing you the warnings listed below:
Notice one:
–Date:11/21/2019
– ASIN: B01MR1MWGP
– Name of Rights
– Infringement Type: COUNTERFEIT
What’s next?
Send a plan of action within 72 hours that explains:
– Proof of authenticity (e.g., invoice, Order ID, letter of authorization, licensing agreement or court order) for infringing listings
– The steps you have taken to ensure that you are no longer infringing and will not infringe in the future
– Other relevant information
– Supporting details should you believe the notice was submitted in error or the notices are incorrect
How do I send the required information?
Please submit your plan and supporting product documentation by responding to this email from your case log in Seller Central at this link (https://sellercentral.amazon.com/cu/case-lobby).
What happens if I do not send the requested information?
If we do not receive the requested information within 72 hours, your account will be deactivated and funds will not be transferred to you but will stay in your account while we work with you to address this issue.
You can view your account performance at (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_op) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. Your Account Health shows how well your account is performing against the performance metrics and policies required to sell on Amazon.
– Download iOS App at (https://itunes.apple.com/na/app/amazon-seller/id794141485)
– Download Android App at (https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl)
We look forward to hearing from you.
Thank you for selling with Amazon,
Xochitl
Amazon.com Account Health Support
I did respond to their 1st notice and then after the appeal was rejected I sent a letter to Amazon Legal which I have attached here but have heard nothing from legal dept. after 2 weeks.
Plan of Action Letter which would appreciate any help with.
We would like to respond to this allegation with this Plan of Action.
We were trying to be Proactive in this matter which is why we sent a notarized letter to Amazon Legal Dept. on November 25 2019 which I have attached here along with Proof of Delivery, Invoices for Darrell Lea Licorice and a picture of our packaging to show we are not using the CandyKorner Trademark.
Before we responded back a second time to the original notice we were waiting to hear back (and still are) from Amazon Legal Dept…
This listing was made on 01/03/2019 18:03:25 which is over 10 months ago.
At the time we listed this product it had a listing title of: “Darrell Lea Australian Black Licorice Twists 1 Pound ( 16 OZ )”
As to follow Amazon’s Listing Policy we listed our item on the same listing as it matched the existing listing in Amazon’s Catalog. The variation listing still shows: “Darrell Lea Australian Black Licorice Twists 1.92 Pound”
Darrell Lea Licorice is the manufacturer of this candy.
In November 2019 the Title of the listing was changed to “Darrell Lea Australian Black Licorice Twists 1 Pound ( 16 OZ ) By CandyKorner”
The above showing the title has been changed.
This can also be seen by our Amazon Barcodes on our inventory in the FBA warehouses that still read: “Darrell Lea Australian Black Licorice Twists 1 Pound ( 16 OZ )”
The listing was not immediately deleted as we were hoping to clear our name of this violation and to be able to retrieve our inventory from the FBA warehouse once we had heard from Amazon Legal Dept… We did not and do not plan on selling on this listing in the future.
As to not infringe on CandyKorner’s Trademark we have now deleted our listing of this product.
We have gone through all our other listings to make sure we are not infringing on CandyKorner’s or any other Trademarks.
We do in fact follow all rules on Amazon when creating a listing which is why we originally did not create a new listing 10 months ago but listed on a detail page that we were selling the exact same item. As our logo and name is also Trademarked we take intellectual property very seriously as well.
In the future we will check our listings daily to make sure nothing has changed and that we in no way violate any intellectual property or any other of Amazon’s policies. Chemotherapy
Thank you and regards,
Letter to Amazon Legal:
Legal Agent
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108-1226
Nov 25 2019
RE: Mistaken Removal
ASIN: B01MR1MWGP
Infringement type: Counterfeit
Trademark asserted: 5054799
Complaint ID: 6609580561
Dear Legal Agent;
I have a good faith belief that this ASIN was removed or disabled in error as a result of mistake or misidentification of the ASIN. I declare that this is true and accurate under penalty of perjury under the laws of the United States of America.
Our listing was created on Jan 3 2019 by listing on a product page that matched the item we had to sell. On Jan 3 2019 the Product Title on the listing was “Darrell Lea Australian Black Licorice Twists 1 Pound ( 16 OZ ) as to follow Amazon Listing Policies as not to create a duplicate page for an item that already exist on Amazon we listed our item on that page.
Now recently the rights owner of Trademark 5054799 have changed the Product Title on the listing page to “Darrell Lea Australian Black Licorice Twists 1 Pound ( 16 OZ ) By CandyKorner”. This can be seen by clicking on the child listing to this ASIN for the ASIN B01MS30FX5 which they have not changed and still states “Darrell Lea Australian Black Licorice Twists 1.92 Pound“
The rights owner has then filed a complaint to Amazon stating we are infringing on their trademark by claiming we are selling “Counterfeit” products.
The rights owner’s claims are invalid, libelous, and a criminal act of perjury as the item of ASIN: B01MR1MWGP is not trademarked by the rights owner’s trademark as the item is manufactured by and the name Darrell Lea is a registered trademark of “D.L.N. Pty Ltd CORPORATION AUSTRALIA 200 Rocky Point Road Kogarah NSW 2217 AUSTRALIA” under Trademark Registration Number 2624515. The rights owner to Trademark Registration number 5054799 has no rights, nor can they show that they have rights to incorporate the name “Darrel Lea” into their trademark.
The product picture on ASIN: B01MR1MWGP when we made the listing, and as of Nov 25 2019 have no showing of trademark number 5054799. Moreover the main picture being used is a picture that is used by many candy companies selling the Darrell Lea Licorice. Example: https://www.oldtimecandy.com/collections/all/products/licorice-australian-black-bulk-2lb
The rights owner’s claim that we are selling “Counterfeit” product has no bases as they are not the manufacturer of the Darrell Lea Licorice nor have they provided any evidence that we are selling a “Counterfeit” product.
We have provided several invoices from an authorized distributor of the Darrell Lea Licorice to prove we are selling “Genuine” Darrell Lea Licorice.
We have also provided a copy of our packaging labels to show that we are not using the trademark under registration number 5054799. This can also be confirmed by a bin check of our items held at the Amazon Fulfillment Warehouses. Our labels are in fact trademarked under registration number 5426806.
For the purposes of this matter, I consent to the jurisdiction of the Federal District Court for the judicial district in which I reside. I also consent to service of process by the person registering this complaint or that person’s agent. However, by this letter, I do not waive any other rights, including the ability to pursue an action against the person registering this complaint.
Having proven that this complaint is without merit I would request that our listing be restored and our inventory released from being on hold as counterfeit in the Amazon Fulfillment Warehouses.
I appreciate your prompt attention to this matter. If you have any question about this notice, please do not hesitate to contact me.
Any help on this would be greatly appreciated before I file the response.
Moderator Edit (James_Amazon): Personal Information Removed
Seller_3N7yVnTXPzLkL
Are you repackaging this product in your own packaging?
If so you may be violating the IP rights of Darrell Lea USA.
Too complex to expect you will have any Amazon action reversed without withdrawal of the complaint.
Seller_3N7yVnTXPzLkL
I see Darrell Lea using proprietary packaging for their products in the US, and an online list of authorized retailers. According to their website, the product is in my local supermarket.
I can only advise you to make sure you are fighting the correct battle.
And wish you well.
Fidak_Amazon
Hi @Casey58,
As per Amazon’s policy any addition to existing listings is only advisable if you are authorized to deal in that product with necessary documentation and the product is an exact match of the listings available on the product description page.
As "Darrell Lea Licorice” is the manufacture, so to deal in the product you would require authorization from the brand.
As you have mentioned,
This implies that necessary authorization has not be taken to proceed with the products listing and sale on the platform.
In the light of these arguments, we would recommend that you submit a plan of action acknowledging the infringement of intellectual property rights in the below format:
- The root cause of intellectual property rights issue on the account- this point would require you to mention the cause of the complaint on the account. What was the reason for this issue? From where did you source the products? Did you do the due-diligence before listing the product? Was there any knowledge gap?
- The corrective steps taken to resolve the intellectual property complaints. - What are the steps taken at your end to resolve the complaint on the account? Did you check the entire listings on offer for any potential intellectual property complaints? How have you educated yourself about the policy?
- The future preventive steps taken or proposed to be taken to avoid the reoccurrence of the issue on the account- What are the steps you have taken to ensure Amazon policy for intellectual property rights are followed in the future listings on the platform? Have you referred to any external source for reference on intellectual property right? What is your source of information before creation of any listings on the platform?
Please prepare the plan of action in the suggested format and submit the same by replying to the email received.
In case you doubt that the product description page has been tampered with, we would request you to please report this to us by dropping an official complaint in this regards along with you findings to notice-dispute@amazon.com
For policy details please visit: https://sellercentral.amazon.com/gp/help/G201361070
Good Day,
Fidak
Seller_2evvlVU464iMp
On this ASIN, it appears they have the brand set as Candy Korner. Which to me, would also be incorrect. So, I think that is the real issue. Amazon believes you listed on a Candy Korner branded licorice listing with your Darrel Lea licorice. I have no idea how you would fix the branding to be correct on someone else’ listing. You definitely can not prove to them that you have Candy Korner branded licorice. This is my view of this problem, but I have no idea how to fix it.
Seller_T5Mv3ZCUSh7Zl
You are repackaging foodstuffs, and offering it for sale in all 50 States? Are you an FDA licensed facility? The counterfeiting aside (which in you are absolutely doing in this case), I’m wondering if you have other regulatory, health/safety problems.
Seller_LsSw5RoXxOiHB
Ok now another twist in this.
I get the following email tonight saying my account is deactivated.
Seems no one looked at the Account Health or other email that was sent to me this AM.
My Account Health still shows 0 violations on Received Intellectual Property Complaints.
Makes no sense why they still suspended my account.
Here is the notice:
Hello,
Your account has been temporarily deactivated. Your listings have been removed. Funds will not be transferred to you but will stay in your account while we work with you to address this issue. This may take up to 90 days. Please ship any open orders to avoid further impact to your account.
Why is this happening?
We have not received a valid plan of action addressing the listings below.
Amazon previously alerted you of these issues through the warnings listed below:
ASIN: 11/21/2019
B01MR1MWGP
Title: Darrell Lea Australian Black Licorice Twists 1 Pound ( 16 OZ ) By CandyKorner
Infringement Type: Confirmed Counterfeit
How do I reactivate my account?
To reactivate your account, please send us the following information:
– Proof of non-infringement (e.g., invoice, Order ID, letter of authorization, licensing agreement or court order) for all affected listings.
– The steps you have taken to ensure that you are no longer infringing and will not infringe in the future.
– Other relevant information.
– Supporting details should you believe the notice was submitted in error or the notices are incorrect.
How do I send this information?
Please submit this information by clicking the Appeal button on Account Health (https://sellercentral.amazon.com/performance/dashboard).
Amazon does not allow listings that violate the intellectual property rights of brands or rights owners. To learn more, please review Amazon’s Intellectual Property Policy (https://sellercentral.amazon.com/gp/help/201361070).
You can view your account’s performance at (https://sellercentral.amazon.com/performance/dashboard) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing against the performance metrics and policies required to sell on Amazon.
– iOS: https://itunes.apple.com/us/app/amazon-Seller/id794141485
– Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl…
Sincerely,
Seller Performance Team
So now I have submitter the following appeal:
Has your account been deactivated in error?
I recieved the attached email from notice-dispute@amazon.com on
12/12/2019 stating that they had reviewed my appeal and reinstated the
ASIN B01MR1MWGP
My Account Health now shows 0 Violation for "Received Intellectual
Property Compalints.
Please reactivate my account as I believe it has now been deactivated in error.
I also attached the earlier email.
Moderator Edit (James_Amazon): Personal Information Removed
Seller_Wun3v7a8dXJDQ
I do not believe your account was deactivated in error. I was going to reply as soon as I saw your post assuming the suspension issue was resolved but I was a little too late. They are two completely different issues. You still need to address the suspension.
In my opinion, you still need to provide all the information and documentation requested by seller performance. You should also acknowledge your mistake and provide your plan of action for the future to make sure that it doesn’t happen again. I would post your appeal here to get some feedback before sending it in. Of course this is assuming they do not accept your most recent appeal.
