Policy Warning by fake rights owner


#1

Hi, all

When I was selling an item, I was notified of a “Notice: Policy Warning” and the listing was deleted.
I presented Amazon with the LOA issued by the manufacturer to me, but it was not accepted.

Judging from the photo, EAN (JAN) code, and brand name, the product is clearly the product of the manufacturer I own the LOA.
The manufacturer says that the rights owner mentioned in the “Notice: Policy Warning” notification is completely irrelevant.
The e-mail address of the right owner mentioned in the notification is a free e-mail, which is also very suspicious.
I think Amazon is excluding sellers authorized by true rights owner due to fake rights owner’s complaints.

Currently, only one seller remains at the ASIN and continues to sell.
The manufacturer says that its only seller is independent of the manufacturer and, of course, does not have permission to sell.
The manufacturer, the real rights holder, says he doesn’t know what’s going on at Amazon.com.
I presented the LOA to the right holder in the notification and contacted them to dismiss the false complaint, but there was no reply.

How can I show Amazon that the LOA I have is from a true rights holder and I can resume sales?

I received two notifications from Amazon.

Hello,

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

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 why your listings may infringe the intellectual property rights of others, please search for “Intellectual Property Policy” in Seller Central Help (https://sellercentral.amazon.in/gp/help/external/201361070).

How do I reactivate my listing?
Please provide the following to reactivate your listings:
– An invoice, letter of authorization, or a licensing agreement from the manufacturer or rights owner demonstrating that your products are lawful. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff.

How do I submit this information?
Go to Received Intellectual Property Complaints under the Product Policy Compliance section in account health (https://sellercentral.amazon.in/performance/dashboard?ref=ah_em_mpa) and locate the deactivation record for this product listing. Click on the Appeal button next to the listing deactivation record to submit information necessary to reactivate your listing.

Have your listings been removed in error?
If you have never sold or listed the product, please reach out to us and tell us.
If you think that the rights owner has made an error in sending the notice, please reach out to the rights owner and ask for a retraction of the notice. To retract the complaint, the rights owner must send the retraction to us at notice-retraction@amazon.in or use the retraction function in Brand Registry.

These are the rights owner’s contact details:
– [name]
– [address@outlook.com]

We can only accept retractions if the rights owner clearly states that they made an error. For any other reason, please explain to us why you were warned in error so that we can investigate the case.

ASIN: B00--------
Title: [Title]
Infringement type: Copyright
Complaint ID: 7442212231

You can view your account performance (https://sellercentral.amazon.in/performance/dashboard?reftag=email_warn) 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/
– Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en

The following is the notification after the appeal.

Hello,

Thank you for submitting information to reactivate your listing. We reviewed your appeal and determined that you have not submitted required documents or the documents submitted are invalid. Please include the missing information listed below and resubmit in your plan of action.

Please provide any one of the below documents for proving authenticity of your listings:

– A DMCA compliant counter-notice, if applicable. A DMCA counter-notice is valid only for copyright notices received in the US.
– A letter of authorization (LOA) or licensing agreement (LA) from the rights owner indicating that you are authorized to use their intellectual property. You can find the contact information of the rights owner in the listing deactivation communication you have received.

– An invoice to indicate that your products are original and are not duplicates or copies thereby infringing on the intellectual property.
– Retraction from the rights owner to be sent to Amazon directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.

Please review the “Intellectual Property Policy for Sellers” in Seller Support for more details.

Has your listing been deactivated in error?
If you believe there has been an error, please tell us why. Your explanation should include how your listing(s) have not violated the brand’s intellectual property along with documents mentioned above to support authenticity.

Where do I send this information?
If you are appealing an action we have taken on your listings for an intellectual property complaint, go to Received Intellectual Property Complaints in the Product Policy Compliance section on Account Health (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa). Locate the deactivation record for the product listings you want to appeal and click on the Appeal button next to the record to submit your appeal to reactivate your listings. If you want to submit additional information, click on the “View appeal” button next to the deactivation record. Click the “Submit additional information” button to submit information necessary to reactivate your listings.

What happens if I do not send the requested information?
If we do not receive the requested information, the listing will remain removed and your account may be deactivated.

ASIN: B00-------
Complaint ID: 7448768391

You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

You can view your account performance (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa) 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/
– Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en
Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com


#2

You’re the victim of a weaponized IP complaint, by a person faking to be the intellectual property owner… And Amazon is not very helpful…

You’re going to have to follow through with a counter-complaint – against the person that filed against you…

And fortunately you already know that they are --not actually the owner of the rights…

This happens on a regular basis, Amazon doesn’t look any farther than using a sledgehammer to push a tack in…

Completely flawed process - even if you get it removed the complaint will still show up on your account for 6 months…

Absolutely so tiring…

There are legal things that you can do to go after the person filing the complaint if they are in this country, but that cost money and involves lawyers, and do they even have any assets to go after or attach…

Sometimes it’s easier just to diversify your Marketplace, with that particular product, if you only have a handful of them – they’re not a high revenue-producing item…

Good luck , no need to respond…


#3

To versa,

Thank you for your compassion.
Due to this issue, my Account Health Rating is “at risk” and I would like to resolve it quickly.

In fact, according to the manufacturer, more than a year ago, the same name fake rights owner eliminated sellers on Amazon as well.
(Another ASIN from the same manufacturer.)
At that time, the seller in my country sent a LOA to the fake right owner, and the fake right owner withdrew the complaint to Amazon, and as a result, sales were able to resume.
I’m also expecting fake rights owner to contact Amazon, but it seems they haven’t contacted Amazon yet.

The manufacturer had that experience and helped me write an LOA for sale on Amazon.com.
I am very grateful for that.


#4

POA - is the correct English word-- unfortunately, Amazon, will probably not penalize. … fake seller, they will turn around and do it again…

It’s late, but there are portions of the business agreement that you signed with Amazon, that have repercussions — Amazon – should apply against the fake IP rights person…

The other thing is , you could always lay the thing out, + send it up to Amazon legal, and ask for binding arbitration…

Generally what they do is they do a little Ben Franklin what’s this going to cost, and before it ever gets to arbitration or you having to hire an arbitration attorney, there’s tons of them up in a little town in Washington that they do the arbitration hearings…

You don’t even have to appear…

Google maybe your friend, you can find Amazon legals address oh, you sent to them registered mail, no emails registered mail…

You could probably just use the POA, that the manufacturer helped you write…

The world has gotten to be an awful ugly nasty place, and the pandemic, is changing lives in a myriad of different ways, who knows what the new normal is going to be like…

Because of all the economic pitfalls that are here and possibly coming people are becoming a little bit more nasty and Cutthroat in ways to make money…

Customers, are a little bit less honest and forthright in their purchases…

Keep us posted of what happens it’s always nice to know if there’s a win, & perhaps you would have some strategies, to share, in your battles to overcome this, which is many times hopeless…

And I don’t think Amazon’s going to shut you down if this is the only issue with your account, but then most people – have parked all their eggs in Amazon’s basket --are deathly afraid, to have any problems with their account, especially if they have merchandise stored in Amazon warehouses…

Have a nice evening / sleep / whatever, hopefully this will get fixed…


#5

@vespa, check out their other thread too to make sure you have the whole picture.


#6

@racingroxstore,
Thank you for checking this issue as well.
But this is another issue with another ASIN.
Unfortunately, I’m facing two separate problems and I’m looking for another solution.


#7

racingroxstore

Stationery_Sell

Sounds like they have multiple attacks simultaneously handling, I can only give advice based on what someone purports…

Based on the immediate facts at hand…

Well it’s a new day, and hopefully today will be better than yesterday, for everybody…


#8

Might want to take a look at this thread???

Rampant known problems…


#9

Hi @Stationery_sell,

Edward from Amazon here to assist. Thank you for posting all relevant information related to your concerns.

Based on the type of infringement being reported, it does not seem the issue is with the brand name of the product or a trademark.

As noted in this page: A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, etc.

In these cases, it is unlikely the manufacturer can be of any help as the issue is likely in the detail page itself. Did you add any images to the detail page itself? Was there any contribution on this listing made from your account?

It is important to ensure that uploaded images are your own to avoid issues with copyright infringement. For example, if you were to see an image on the internet and use that image to create or update a listing, you run the risk of a copyright complaint from whoever owns such image.

In cases where you believe the content is not infringing, you can submit a counter notice.

The counter-notice must include the following information:

Identify the material that was removed or disabled, and the location where it appeared before it was removed or disabled

A statement by you declaring under penalty of perjury that you have a good faith belief that the material at issue was either misidentified or mistakenly removed

Your name, address and telephone number

A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the complaint set forth above (if you are located outside of the United States, you must state that you consent to the jurisdiction of any United States federal district court in which we may be found)

Your physical or electronic signature

You can check this page for the more details and the most up to date process to send in a counter notice.

I hope my response adds value to your concerns. Should you have any follow up questions related to this matter, please update us here so we can continue to work on a path forward.

Regards,

Edward.


#10

Fortunately, the fake right owner withdrew the complaint!!
I’m glad it wasn’t a complicated and long battle.

I am very grateful to everyone who gave me advice here.

Is it necessary to submit a Plan of Action even if the complaint is retracted?
I don’t know what to write.


#11

Glad to hear that!


#12

请问大家是怎么联系到假权利人的?


closed #13

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