Trademark complaint filed, then retracted, still not good enough for Amazon


#1

Here is a tricky one…

For some odd reason, a company names OPSEC reported my own trademarked brand to Amazon. We contacted the OPSEC company, they admitted the error and sent a retraction to Amazon admitting it (they also CC’d us on the response)

I never heard anything from Amazon, so I sent an email to the notice-dispute address. I provided a copy of the email sent, then got this response which makes no sense and clearly is just chosen from a pre formatted template. Any suggestions on how to deal with this would be greatly appreciated.

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. . Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information within 17 days of the original suspension notification, your account will remain deactivated.

ASIN: XXXX
Complaint ID: XXXXX

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?reftag=email_appeal) 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
Amazon.com
http://www.amazon.com


#2

If your brand is trademarked, then OPSEC has caused you damages. I’d have my attorney handle this one - dealing both with OPSEC and Amazon’s legal department.


#3

I did let my attorney handle it. He contacted OPSEC legal dept, they immediately retracted their complaint.

In regards to Amazon’s legal department, first you would have to arbitrate as we agree to arbitration when we accept their TOS


#4

Reply with ESCALATION REQUEST.

Tell them clearly that you are the actual owner and provide documentation.


#5

Why did your attorney not reach out to Amazon’s legal department after OPSEC?

Arbitration should not be an issue here as OPSEC is the party that caused you damages by restricting your selling privileges with an erroneous trademark complaint. Your attorney could have gathered the needed info (invoices, etc.), in addition to the retraction letter, and submitted that directly to Amazon’s legal department to get you up and running again. Since this did not happen, provide Amazon with what they asked for: invoices, letter of authorization, etc. along with your trademark and retraction letter from OPSEC.


#6

What is the phone number and/or email to Amazon’s legal department?


#7

Additionally my selling privileges have not been restricted. This related to TWO ASINS reported.


#8

I’m having a similar issue but related to a mistaken safety complaint that was also withdrawn by the customer 2 days later. The Product Safety Team suspended our all most popular asins 7 days before Christmas and they keep asking for a documentation that will take 4-8 months to collect.

Unbelievable.


#9

Can you start a new thread about this and provide more details for us to discuss?. Thanks.


#10

Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108

Phone: (206) 266-4064
Fax: (206) 266-7010

If you are unable to sell two ASINs, then your selling privileges are restricted. Even if they are not, then they may be in the future if you fail to supply the documents they requested. Or maybe you are a victim of a bot gone bad - sending you a default autoresponse to something they will never take action on. That’s why it’s good to have an attorney that will address issues from start to finish. It sounds like your attorney stopped at getting you the retraction then left you hanging.


#11

Hello, Please print the retraction email which OPSEC send to Amazon, and then attach it to your email and send it to seller-performance-policy@amazon.com


#12

Thanks for the info, but we are aware of those contact details… When we had an issue months ago my attorney called, Faxed and sent certified mail, no response to any of the forms of communication.


#13

You need to send copy of retraction email and a powerful plan of action. My suggestion is you need to contact {removed spam} , They charge some fee but i hope they’ll re-instate your account.
You can also read this article because we already faced this type problem. Thank you


#14

…Happy New Year


#15

It’s a great news if Amazon does not remove your selling privileges. In this case we suggest you, please delete that ASIN’s and be careful to list your listing against this brand. Thank you!


#16

There are law firms that special in issues for Amazon sellers, and I suspect have their own contacts within Amazon’s legal department because they can get issues resolved quickly. But from the sounds of it, your issue is not a pressing one as you are still selling those two ASINs. The response you received could be a default bot/autoresponse, I’m not sure. What I do know is that Amazon’s bots are so poorly programmed that they contribute to many man hours collectively wasted by us sellers.

If you don’t want to involve your attorney any further, send in your invoices, etc. to Amazon as they requested. If you get the same response, then you may want to speak with your attorney again. There are a lot of trademarked brands selling items that don’t meet Amazon’s qualifications to sell in their marketplace. I’m not saying that is the case with you, but could be how Amazon is interpreting your documents.

It’s the OP’s own trademarked brand…


#17

Sue.


#18

I did a few days ago. Please refer to this:


#19

Back when our “issue” occurred, it was also all of our top selling products that were removed. All that was left was the low sellers.

If they want you out of the that space its seems like anything can become an issue to move you out.


#20

I just you please send copy of valid retraction to seller-performance-policy@amazon.com , thank you!