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Suspected Intellectual Property Violations (Potential Trademark or Patent Misuse (VALENTINO))
Hi All,
We’re a seller in fashion category.
All of our listings were removed by Amazon suddently, and there is no nofification or complaint emails. so we contacted with the seller support team to know the exactly reason of removal, they replied to us "Kindly be informed that, our internal team has removed your listings because your products are using a brand value that is no longer permitted to be used on Amazon. Please note that removing the term "KOKEN " from the brand value will not reinstate your ASIN. "
another seller support replied to us "Upon checking your details, I noticed that you haven’t contributed the Product description and Bullet points for the listing as they were contributed by another seller. This is the reason why your ASIN has been restricted for the Brand VALENTINO.
We’re the only authorized seller of KOKEN brand on Amazon, all of the items were designed by ourself. no copied…and we never used any other brand words in the listing including but not limited to title, bullet points, search terms and detailed pages.
In the other way that we’re not able to sell our only items on Amazon; very funny…and very upset, if you met this kind of issues or have similiar issues, please tell me how to appeal to Amazon to reinstate all listings.
Thank you.
David
27 replies
Seller_T5Mv3ZCUSh7Zl
Valentino is a US registered trademark
Word Mark VALENTINO Goods and Services IC 008. US 023 028 044. G & S: Hand operated hand tools and implements, namely, hand operated cutters for making pasta, hand operated cutting tools, hand operated food processors, hand operated fruit shredders, hand operated hair clippers, hand operated hair cutters, hand operated kitchen appliance for dicing, mincing, slicing and chopping food, hand operated sharpening tools and instruments, hand operated can openers, hand operated slicers, hand operated tillers, hand operated tin snips, hand operated vegetable shredders, portable hand operated, battery-powered facial cleansing device, hand operated atomizers and vaporizers for household use; cutlery, namely, forks, spoons, knives, whether or not made from or coated with precious metal, cutlery of precious metal; side arms, namely, swords, hunting knives; razors Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 86111916 Filing Date November 6, 2013 Current Basis 44E Original Filing Basis 44E Published for Opposition December 2, 2014 Registration Number 4686786 Registration Date February 17, 2015 Owner (REGISTRANT) Valentino S.p.A. CORPORATION ITALY Via Turati 16/18 Milano ITALY 20121 Attorney of Record Leo M. Loughlin Prior Registrations 3696072 Type of Mark TRADEMARK Register PRINCIPAL Other Data The name, portrait, and/or signature shown in the mark identifies a living individual whose consent to register is made of record. Live/Dead Indicator LIVE
Sorry, but it appears that you have violated someone else’s trademark.
Seller_T5Mv3ZCUSh7Zl
Koken is also trademarked
Word Mark KOKEN Goods and Services IC 007. US 013 019 021 023 031 034 035. G & S: Chemical processing machines and apparatus; Pneumatic and hydraulic machines and controls for use with manufacturing aseptic clean rooms for production of chemical products and semiconductors; Dust collectors for industrial chemical processing and semiconductor production; Dust suction instruments; dust-removing apparatus for aseptic manufacturing of chemical products and semiconductors; Apparatus, namely, dust separating machines for forming clean zones for manufacturing chemical products and semiconductors IC 009. US 021 023 026 036 038. G & S: Respiratory masks, other than for artificial respiration; Filters for respiratory masks other than for artificial respiration; Dust masks; Gas masks; Welding masks; Fireproof masks; Smoke proof masks; Protective masks; Filters for dust, gas and welding masks; Protective clothing against chemicals and pharmaceuticals; Fireproof garments; Face-protection masks against accidents; Aseptic and dust-removing apparatus for experiment and research purposes, namely electronic apparatus for controlling the aseptic environment of clean rooms
IC 010. US 026 039 044. G & S: Sanitary masks for medical purpose; Surgical masks; Anesthetic masks; Masks for prevention of hospital infection; Masks for medical personnel; Washing and disinfection apparatus, namely, ionization apparatus for medical uses; Water ionizer with cleansing and disinfection effects for medical purpose; sterilization apparatus for endoscope; Aseptic and dust-removing apparatus for medical purposes, namely air cleaners; Apparatus for forming clean zones for medical purposes, namely, air cleaners for surgical rooms
IC 011. US 013 021 023 031 034. G & S: Washing and disinfection apparatus, namely, water ionizers; Apparatus for forming clean zones for manufacturing chemical products and semiconductors, namely, air cleaners; Blowers, namely, clean room installation air blowers|
|Standard Characters Claimed||
|Mark Drawing Code|(4) STANDARD CHARACTER MARK|
|Serial Number|88000906|
|Filing Date|June 14, 2018|
|Current Basis|1B|
|Original Filing Basis|1B|
|Owner|(APPLICANT) KOKEN LTD. CORPORATION JAPAN 7, Yonbancho, Chiyoda-ku Tokyo JAPAN|
|Attorney of Record|Jeffrey H. Greger, Esq.|
|Type of Mark|TRADEMARK|
|Register|PRINCIPAL|
|Live/Dead Indicator|LIVE|
Seller_jEl9Cty0lMIlL
Sorry, i forgot to input our Our Tradename in the post; our trademark is KUNSTO,
Seller_T5Mv3ZCUSh7Zl
|> Word Mark|KUNSTO|
| — | — |
|Translations|The wording " KUNSTO " has no meaning in a foreign language.|
|Goods and Services|IC 025. US 022 039. G & S: Bras; Children’s and infant’s apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Coats; Corsets; Dresses; Hats; Leather coats; Leggings; Pants; Parkas; Sandals; Shirts; Shoes; Shorts; Skirts; Swim suits; Tights; Tops; Underwear. FIRST USE: 20150112. FIRST USE IN COMMERCE: 20150112|
|Mark Drawing Code|(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM|
|Serial Number|86673648|
|Filing Date|June 24, 2015|
|Current Basis|1A|
|Original Filing Basis|1A|
|Published for Opposition|November 10, 2015|
|Registration Number|4893001|
|Registration Date|January 26, 2016|
|Owner|(REGISTRANT) Shenzhen Kunsto Trading Development Co., Ltd. limited company (ltd.) CHINA No.611-612, No.80, Xingdong Street Longxin,Longgang Town,Longgang District, Shenzhen, CHINA|
|Description of Mark|Color is not claimed as a feature of the mark. The mark consists of the stylized wording “KUNSTO”.|
|Type of Mark|TRADEMARK|
|Register|PRINCIPAL|
|Live/Dead Indicator|LIVE|
If this is you then you need to reach out to Amazon’s legal department. I would recommend that you retain a US attorney to expediate things.
Seller_3N7yVnTXPzLkL
Since we are dealing with fashion shoes, it is not far fetched to believe a knock off of a Valentino shoe has gone to far and is a trademark violation.
Seller_jEl9Cty0lMIlL
Hi all,
We’re a third party seller in fashion category of Amazon.com since 2015.
All of our listings were removed by Amazon suddenly on January 10, 2020 without any notification or complaint emails.
So we contacted with the seller support teams to know the exactly reason of removal, and they replied to us "Kindly be informed that, our internal team has removed your listings because your products are using a brand value that is no longer permitted to be used on Amazon. Please note that removing the term “KUNSTO”; from the brand value will not reinstate your ASIN.;
Another seller support replied to us "Upon checking your details, I noticed that you haven’t contributed the Product description and Bullet points for the listing as they were contributed by another seller. This is the reason why your ASIN has been restricted for the Brand VALENTINO.”
We’re the only authorized seller of KUNSTO brand on Amazon.com, all of the items were designed and produced by ourselves, no copies…and we never used any other brand words in the listing, including but not limited to title, bullet points, search terms and detailed pages. We’re not sure if some of other sellers who illegal sell KUNSTO branded items on Amazon.com, but it’s not our behaver, and Amazon should block this kind of seller account.
So we would like to ask Amazon to reinstate our listing which were removed by Amazon incorrectly, but Amazon always reject our requests,
What can I do in this case, any advise will be greatly appreciated! thanks
Mimi_Amazon_old
Hello @Kunsto_Direct,
Apologies for the delayed response.
Based on the information you have provided and the replies you received from fellow community members, it appears the issue lies within intellectual property violations as they relate to patent misuse. With that being said, your appeal should be specific to patent infringement. The appeal should consist of invoices, receipts or any other documents to show proof of authenticity/purchase, and a plan of action.
Your plan should address the following:
- Root cause of intellectual property violations
- Be direct and take ownership. How and why did you violate the brand/rights owner’s intellectual property?
- Were you aware that your product could be violating an already existing design or utility patent? Prior to designing these products, did you do any patent (design or utility) research?
- Immediate actions to resolve intellectual property violations
- How did you fix this issue?
- Preventive measures to ensure violations do not reoccur
- In the future, how will you ensure that you listings will be in compliance?
- Before creating a design, how will you ensure that it is not in violation of an existing patent or trademark?
I hope this helps but since we haven’t heard from you in a while, we would like to know if you have any updates to this matter. If so, please share your updates on here so the entire community can be aware of what is going on and further assist if needed.
Best,
Mimi_Amazon
Seller_D5hkKn6D4oqp9
We are now in the same situation and all of our listing taken down. Did your listing reinstate?
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