Please help to advise as our account is suspended and I look to experienced sellers for help to getting our account reinstated.
- 5/11 - Your Amazon.com selling privileges have been removed
We recently contacted you about your listings that may infringe the intellectual property rights of others. The listings we removed can be seen on the Performance Notifications page in Seller Central. Because you continue to infringe the intellectual property rights of others, you currently may not sell on Amazon.com. Funds will not be transferred to you but will stay in your account while we work with you to address this issue.
To sell on Amazon.com again, please send us a plan that explains how you will address this problem. For help creating your plan, search for “Appeal the Removal of Selling Privileges” in Seller Central Help. When you are ready to send us your plan, click the Appeal button next to this message on the Performance Notifications page in Seller Central (https://sellercentral.amazon.com/gp/customer-experience/perf-notifications.html).
Once we receive your plan, we will review it and decide whether you may sell on Amazon.com again. If you do not send an acceptable plan within 17 days, we may cancel your offers and hold any funds in your account. This usually takes about 90 days, but funds may be held longer.
For more information, search for “Intellectual Property Violations” in Seller Central Help.
We look forward to hearing from you.
Seller Performance Team
Our Revised Appeal & Plan of action:
- Step 1: Determine why our selling privileges were restricted or removed
Seller Performance has informed on Oct 19th that some of the listings were removed due to rights owner compliant that they are infringing on intellectual property rights. And our selling privileges were suspended since Nov 5.
Step 2: Evaluation of our selling practices.
We completely reviewed our customer metrics. Also we thoroughly evaluated our selling practices and reviewed our whole inventory for items that are in violation of Amazon’s Policies & Agreements. The issue is not based on Customer metrics but solely based on intellectual property rights.This is the basis for the complaint from Spigen for infringing on intellectual property rights.
Step 3: Our plan of action
- The products are generic phone cases manufactured by XXX and also has distinct “Pristine” logo in the pictures, images, and branded “Pristine” in the listings and we never conveyed or implied that these are anyway related to “spigen” branded products. The products are authentic “Pristine Tech” branded products manufactured by the Chinese Manufacturer XXX for “Pristine Technologies Inc”.
- To address the complaint of copyright/trademark infringement:
- we immediately removed the words “air cushion” and “tough armor” from our listings.
- We have also taken a business decision to delete the listings and ASINs mentioned in the emails to avoid confusion/misunderstanding.
- We have also completely removed our FBA inventory of these listings.
- These were our own private labelled authentic “pristine” branded products procured from a Chinese manufacturer. We took a business decision to remove the products completely from our inventory to be fully compliant with Amazon selling policies as well as to avoid any further copyright infringement complaints and to respect copyright/trademark privileges of the “rights owner”. We have also attached supporting documents like invoices from the manufacturer and images that specifically shows “Pristine” on the product pictures (phone cases).
- We have reached out to the complainant “spigen” (Jayden Song - email@example.com) multiple times and requested them to retract their complaint as we have taken all needed steps from our end and requesting them if there are anything more to be done. We have NOT received any RESPONSE in spite of our repeated emails. (More than 10 emails over a period of more than 2-3 weeks were sent to firstname.lastname@example.org. We have attached the screenshot of emails sent in our Cases raised earlier and sometimes also copied Amazon on these mails.
Future Plan: (How to prevent this from happening in future)
We will be more diligent in looking for identical products before selling on Amazon. We will not list any products that will have possible intellectual property infringements and will also be extremely careful while procuring products to comply with all Amazon polices strictly.
Request your kind consideration and support to immediately reinstate our seller account.
Thanks & Regards,