Policy warning - Suggestions?


#1

Good morning fellow merchants!

I sell used books and acquire our inventory through wholesale liquidation auctions. No invoices for specific titles are available and as such, all of our inventory regardless of condition gets listed on Amazon as used. We’ve been doing this for a long time with minimum problems. Today, I’ve received a policy warning that I usually just ignore and move on as it just means I can’t sell the book on Amazon. No big deal. Either sell it elsewhere eventually or trash it. I don’t care. Today, I’ve decided to at least ask about it and see if there is a solution… Mostly because I’m fairly caught up with my work this week. (what??? lol) Below is the email received from Amazon. What are your thoughts and suggestions on how to improve this situation? Thanks!

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.com/gp/help/external/201361070).

How do I reactivate my listing?
Please provide one of the following to reactivate your listings:
An invoice, letter of authorization or license agreement from the manufacturer or Rights Owner demonstrating that your use of the copyright is lawful to notice-dispute@amazon.com. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff.

Have your listings been removed in error?
If you believe there has been an error, please tell us why. Your explanation should include the following information:
– Proof that you have never sold the reported product. We will investigate to determine if an error occurred.

OR

– Explanation of why you were warned in error. We will investigate to determine if an error occurred.

What happens if I do not provide the requested information?
If we do not receive the requested information, your listings will remain inactive.

ASIN: 0692088121
Infringement type: Copyright
Complaint ID: 6157622421

You can view your account performance (https://sellercentral.amazon.com/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/id794141485
– Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en

Sincerely,
Seller Performance Team,
Amazon.com


Fraudulent Counterfeit Complaint
Intellectual Property Violations for a legitimate textbook
#2

Amazon isnt ebay - this isnt a place to sell used goods without the proper licensing. You don’t have the rights to sell those books as a business venture, you are not the publisher nor the author.


#3

This is not true in the case of books. A Supreme Court decision in 2013 upheld a geographically unlimited first sale doctrine — a provision which holds that once someone buys a book, DVD, or other work copyrighted in America, they’re free to sell or rent it without the copyright holder’s permission.


#4

As an American (not referring to the Amazon platform), I have every right to sell anything as long as the item is not illegal and I have acquired it legally. (I’m sure there are some wild card exceptions, but my point is, I can sell used books without fear of right issues.) Now, referring to the Amazon platform - they have made it perfectly reasonable to sell used books on their platform. Clearly… because some of the largest merchants do it all day, every day. So… your statement that this isn’t the place to sell used goods - is incorrect. It might not be the best place for some used goods - but used books - it’s the best place ever. And that’s the topic of discussion.


#5

Body Boss is illegally clearing sellers off their listings.

I would write their legal department and let them know you can sue for a lot of money over false copyright complaints.

@Schadenfreudist has written extensively on this.

A brand owner cannot claim copyright violations to get sellers blocked from selling their products.


#6

Iiiiinstresting… Thank you!


#7

Well on this ASIN, I can tell you it is the “publisher” who lodge the complaint… If you look at the listing the only one selling it was the publisher. 2nd you can advise Amazon how you acquired the book and provide those documents. How far were you under cutting the publisher? Companies like that like to protect there Infomercial Business. You just might want to stear away from that type of book next time.
Present your case most-likely you will have to live with the violation.


#8

Another GREAT example of abusive filings by a so-called Amazon “seller” submitting abusive, manipulative, dishonest, and downright illegal filings to remove other sellers from their product. This is because they think they are entitled to the money and no-one else gets a look in. You are selling a used copy so they have no legal merit in scamming Amazon to close your listing.

This is called exclusive/distribution enforcement - so why are Amazon accepting these fake filings?

Shame on the seller who did this - pretty obvious to work out who if you look at the product page!

Time for Amazon to step up, stop this manipulative abuse and they can start with this one!
cc: @Schadenfreudist


#9

I was selling one copy Like New @ $80.

I’ve seen stuff like this before - but this is the first time it’s actually hitting my metrics. “Received Intellectual Property Complaints” now reads “1” for the first time. :frowning:

So now I’m frustrated and more likely to take action to get this removed.


#10

Less clear than you think

Check out Omega S.A. v. Costco Wholesale Corp.


#11

This item is not offered as book on Amazon.

Similar restrictions on resale of exercise and related media have occurred on Amazon for years.


#12

This doesn’t seem to be a restriction related to the category(also common in textbooks and doesn’t usually come with an email notification. It seems like the publisher is claiming copyright violation. Two separate issues? Please educate me further?


#13

A seller is manipulating Amazon and unfortunately in this case you are a victim. The product you have is authentic and protected by First Sale doctrine. Amazon are being scammed and you are collateral damage. Unfortunately Amazon’s current processes appear to mean those monopolizing the product detail page for their own financial gain will get what they want. Hopefully a mod sees this thread and flags product filings for further review. @Mas_Des_Bories


#14

That is incredible! Thank you for teaching me something new. Well now I can’t imagine why you’re being hassled.


#15

Please read this thread and go listen to the oral arguments at the supreme court, then read the supreme court’s decision.
This is on Patent rights.
You cannot take a painting that someone else created and print that on coffee cups and t-shirts to sell.
However you can freely resell a copyrighted item you bought legally.

Then read this thread

I think I would hire the attorneys that the woman who had the court case against WOWEE used to send the publisher a letter and force them to retract their infringement.
After you read these two threads you will better understand and stand up for yourself.


#16

I bet you were charging a much more attractive price than the current single, monopolized offer of $99.50 …!


#17

Body Boss are responding to all product reviews left on product. It is extremely unlikely the seller account used to post these reviews meets in full the policy requirements for " Community Guidelines Guidelines for Amazon Community participation."

https://www.amazon.com/gp/help/customer/display.html?nodeId=201929730

In my view, time for Amazon to consider shutting down this abusive / manipulative seller.


#18

This was mentioned earlier in the conversation and is in the help files… so I’m now asking for more clarification on this… It looks like I can file an appeal but have to include the usual relevant info plus this bit - which is what I’d like more clarification on - specifically - what does this entail for my company?

https://sellercentral.amazon.com/gp/help/201361070?ref=sp_st_intellectual_sum_pol

Section - What to do if your account receives a warning or suspension - “E”

  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your seller address is located; or, if you are located outside the United States, to the jurisdiction of the United States District Court for the Western District of Washington, and that you will accept service of process from the person who provided notification of alleged copyright infringement or an agent of such person.

#19

Please pardon me if I’m missing something obvious here - but in what way is responding to every review in violation of the Community Guidelines?


#20

Good work

@Lake, my comments are based on Amazon rules.

@September1999

Amazon is accepting these because they have no desire to do any work.

They notified sellers last year to make sure you have the rights to sell said items on Amazon.

@red7255 you received some good advice here.

Selling closeouts here is risky because it is a lot of work to get rid of these problems. You win in the end, but at what cost?

I would find the company’s legal department and let them know you will hire a lawyer if needed to resolve this. It might be worth it to see if you can sell their products.

Their lawyers will know what they did is illegal.