Updated Intellectual Property Policy


#1

We are making changes to our Intellectual Property Policy to clarify how you should indicate the compatibility of your products with a product of a different brand, for example, a charging cord that works with a specific brand of phone. If you list such products, please review your product titles for compliance with the new recommendations for the way it should be written to indicate compatibility.

To visit the updated Intellectual Property Policy for Sellers - FAQ about Trademarks program policy page, click here.


#2

How about fix the issues that cause correctly worded listings to be deleted for “Suspected Intellectual Property Violations”. From Disney media items to even obscure stuff like Fred Couples golf tutorials that got flagged because “Fred” apparently is a trademark (yet unrelated to the actual item at hand). Stuff just gets more complex yet Amazon cannot even fix the simple stuff.


Why am I getting dings for "suspected IPV" & "restricted product" removals - when none in inventory since 2017 or earlier?
#3

This 100%, I constantly get Funko Pops that get flagged for “Suspected Intellectual Property Violations” and I have to go through so many complications to get the listing reinstated. They don’t make it easy at all to fix the listing.


Why am I getting dings for "suspected IPV" & "restricted product" removals - when none in inventory since 2017 or earlier?
#4

Algorithms are only as thorough as the people who make them.


#5

So if anyone smarter than me can slog through that gobbeldeygook and summarize “the way it should be written to indicate compatibility”, we would all appreciate it!


#7

I will be copying this section of those FAQ regularly

  • Do I always need the rights owner’s permission to use a trademark in the creation of a product detail page?

Usually, the unauthorized use of a trademark in the creation of a detail page is infringing only if it is likely to cause confusion as to the source, endorsement, or affiliation of the goods. Just because you are not the owner of a trademark does not necessarily mean that you cannot sell another company’s product.

Example: If you are selling a genuine Pinzon sheet set and you are advertising the product as a Pinzon sheet set, you might not be causing confusion as to the source or affiliation of the goods and, if not, are not infringing on the Pinzon trademark.

With the link, of course.


#9

if any customer(99% your competitive on amazon!!!) will make a "fake claim’ you will be closed without any investigation or check of counterfeiting by amazon if the "trademark holder’ close it

  • What is counterfeiting?

Counterfeiting is a specific type of trademark infringement. A counterfeit is an unlawful total or partial reproduction of a registered trademark or a mark that is very similar to a registered trademark in connection with the sale of a product that does not come from the trademark holder.


#11

Very curious as to what you sell…


#13

:grimacing: It’s exactly what you think, and it’s in a really wrong category.


#14

what do you mean? if most all the sellers buy in china? most of the products are generic
I don’t understand what you mean.


#15

I will PM you to explain. :+1:


#16

lol, PM? hahaha non comprenpa, Dont understand.
:wink:


#17

:mailbox_with_mail: PM means personal message.
I have sent it. You should see a notification.
I included @Default_User_Name, too.


#18

I have had my account closed since august because I had decided to create a listing that another seller had on amazon. I then decided not to sell the item i put zero available which marked the item as not available for sale. If you had lick on the listing I would not show up as a seller neither have I ever sold a single item. I then got a message about items being flagged for intellectual property on a later date and that the listings were removed. I wondered why was I getting this message because I never sold any of the item and had put as not available for sale. I also thought because it was not my listing let the seller deal with it because I have nothing to do with that item.

However amazon did not see it that way even though I had the item as not available and never sold a single one because the item number was still in my inventory my account was deactivated. Even though the previous message from amazon said the listing was removed and there is nothing in the message or on the website that said even though you don’t have the item for sale if you have the item number in your inventory your account would be flagged. I have had item numbers at for items that to go in production for months that never came and some items that I was thinking about selling but never did.

A rep explained this to me but by that time it was too late and ebay did not like my appeal I sent so my account as been permanently closed and I have yet to receive my final pay out and and appeals team ignores my messages. The worst part of it is that when the claim for the items came in the seller had a variation of about 6 or 7 colors and they flagged 3 colors and he was able to continue to sell the others in FBA. So I did who never sold any who never had the listing active was banned from selling but the seller was still able to sell to sell the remaining colors.

I don’t understand Amazon at all there are too many things to learn that is not written and unfortunately most of us have to learn from a costly mistake or after we suspended or permanently banned. And then different reps gives different info you will talk to a rep who said the previous should have never told you that.

As I am now permanently banned from selling and I still waiting for my final payout. I will tell you don’t assume anything and talk to more than one rep or ask questions in the community. I have since learned more in the community from other peoples experience than I have learned from Amazon policies or their reps.


#19

Hahahah
Ok I gotta it :blush:


#20

Since 14 May 2013, we sold paper collectibles on Amazon. We listed upwards of 150,000 items including postcards, magazines, brochures, catalogs, matchcovers, photographs, timetables, etc. in over thirty categories.

We were successful right from the start and happy with the exposure and customers provided by Amazon.

In early May 2013, we approached Amazon offering the inventory as described and were delighted to learn that Amazon was just then opening up the site to general collectibles. They invited us to list our merchandise and guided us through the process of creating an Amazon Professional Seller account.

But on October 20, 2020, we were shut down and barred from selling on Amazon.

The issue was potential trademark infringement.

We were provided a list of some 1,073 items that Amazon identified as possible misuse of a trademarks [examples: Chevrolet, Guerlain, NASCAR, Evel Knievel, Chanel, etc. SEE BELOW for complete list].

Our items used those trademarks in our title descriptions, such as:

In four-door fashion Chevrolet Bel Air 4-dr Sports Sedan GM ad 1956 [a magazine advertisement cut from an old issue]

2008 Jeep full line sales catalog Compass Patriot Liberty Cherokee Wrangler ++

1977 NASCAR Virginia 500 & Dogwood 500 Martinsville ticket order form

SAGA Evel Knievel Space 1999 Neo-Nazis Bicentennial Terrorists 2 1976 [an old issue of the magazine]

Our intent was to follow the practice of ebaY and other internet selling venues by identifying the item using the name Chevrolet, etc. so as to enable buyers to find it.

And I quoted from your guidelines about trademark use:
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
As a seller, when can I use someone else’s trademark in the creation of a detail page?

Typically, a seller can use someone else’s trademark in the following circumstances:

When selling authentic goods, a seller may use a trademarked name to list those goods. For example, a seller who lists an authentic “Pinzon” product is not necessarily infringing on the owner of the Pinzon trademark because the seller is using the trademark to identify an authentic product.

In response to Amazon’s alert that we might be infringing on those trademarks, we submitted a detailed plan that pledged to create database filters which would prevent any of our items containing any of the trademarks Amazon listed as violations from ever appearing in future listings and to remove promptly all then-current listings. An Account Health representative advised us that doing those things would allow us to resume selling.

However, we later received word that that proposal was inadequate to meet the requirements for reinstatement. After considerable and, at times heated, conversation with a different Account Health person, we were unable to find out all we would need to do to be reinstated.

That person stated that we would need to investigate all 159,000 items in our inventory to determine if any of them infringed on any trademark or copyright. She also recommended that we hire a patent / trademark attorney to help us. And after I asked her what else I should do or where I should submit it, she said, in effect, that she could not write my response for me nor could she advise me about what action I should take beyond the suggested investigation of all our items.

The messages below seem to indicate I needed to get authorization from every company before I could use their trademarks. The full list of trademarks follows below.

As of this writing, we are no longer an Amazon seller. And the “we” in all of this comes down to one person, me, a senior citizen managing all those items including acquisition, scanning, saving, storing, retrieving from storage when sold, packing, labeling and mailing them. It is inconceivable how I could both do the research and also maintain operation of our business, which supports in the main my wife and our household.

I write to you to request your intervention on our behalf.

We liked what Amazon provided and disagree with the contention we are somehow infringing on trademarks or copyrights. And after seven years, finally being summarily dismissed from your site even though we submitted a plan that would address all concerns.

And finally, Amazon is withholding some $1800 in earnings we had during the accounting period ending 10/20.

Sincerely,

Bill McBride
The Jumping Frog

I cannot access my Amazon account to show the full chain of replies I supplied, but below you will find pertinent excerpts from the inbound Amazon messages pertaining to our removal:

10/23/2020

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 letter of authorization (LOA) or licensing agreement (LA) directly 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 directly from rights owner to indicate that your products are original and are purchased from the rights owner directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
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.

10/21/2020:

Thank you for your message. We cannot accept your appeal because it does not address the infringement issues alerted to you previously for the ASINs below:

–
ASIN:B074MC9695,B074MCWFVZ,B00EV70EKY,B00MZ96RLU,B00EV6YAGE,B074MD677F,B00EV70GDE,B00EV6YNZ2,B00MZ8FXWU,B074RK97QD

Please provide the following information so we can process your appeal:
– Proof of non-infringement (e.g., invoice, Order ID, letter of authorization, licensing agreement or court order) for all affected listings.
– The steps you have taken to ensure that you are no longer infringing and will not infringe in the future.
– Other relevant information.
Supporting details should you believe that the actions were made in error

10/20/2020:

Your account has been temporarily deactivated. Your listings have been removed. Funds will not be transferred to you but will stay in your account while we work with you to address this issue. Please ship any open orders to avoid further impact to your account.

Why is this happening?
We have not received a valid plan of action addressing the listings below.

Amazon previously alerted you of these issues through the warnings listed below:

ASIN’s: B074MC9695,B074MCWFVZ,B00EV70EKY,B00MZ96RLU,B00EV6YAGE,B074MD677F,B00EV70GDE,B00EV6YNZ2,B00MZ8FXWU,B074RK97QD

How do I reactivate my account?
To continue selling on Amazon, please submit a plan of action within 24 hours. A valid plan of action should include:
– Proof of authenticity (e.g., invoice, Order ID, letter of authorization, licensing agreement or court order) for infringing listings.
– The steps you have taken to ensure that you are no longer infringing and will not infringe in the future.
– Other relevant information.
Supporting details should you believe the notice was submitted in error or the notices are incorrect.

Trademarks that were cited as violations:

Chevrolet
Chicago White Sox
Jeep
BMW
Honda
Chanel
State Farm
Chicago Bears

Green Bay Packers
Webelos
New York Mets
Revlon
Heineken
Auburn Tigers
San Francisco 49ers
Buffalo Bills
Dallas Cowboys
Naturade
EvelKnievel
Mattel
Fisher-Price
Jabsco
Jack Daniel’s
Bridgestone
New England Patriots
Pittsburgh Steelers
Gucci
Butterfinger
Guerlain
Konus
Denon
Yves Saint Laurent
Giorgio Armani
Garth Brooks
Montreal Expos
JVC
Tom Petty
Grateful Dead
Eminem
Selena Gomez
Fall Out Boy
Arcade Fire
Black Sabbath
Justin Bieber
Bob Marley
Dave Matthews Band
Nickelback
Boston Red Sox

Alec Lansing
Muhammad Ali
Mopar
Colorado Rockies
Goetze’s
Karl Lagerfeld
San Diego Padres
Ruger
Cleveland Indians
New York Yankees
Atlanta Braves
Dunkin’ Donuts
Houston Astros
Detroit Tigers
Baltimore Orioles
Glock
Toronto Blue Jays
Brookstone
Colorwork
Benelli
Dolby
Fendi
NASCAR
Marc Jacobs
Oscar de la Renta
Briggs & Stratton


#21

How about fix simple stuff, first? I have a sign that is just a name–one of the top boy’s names in the last decade: MASON. You have suppressed the listing for Suspected Intellectual Property Violation. I have explained the problem to seller support twice with easy to follow bullet points and links to pages showing this is a boy’s name, and asking you to fix it. This should be a no-brainer.


#22

I am a frequent competitor of yours or at least was.

I receive a lesser number of Suspected IP violations than you and have an inconsistent record of getting the listings reinstated.

Used to be pretty consistent that they would be reinstated, then in the past few months they were not, and not transferred to an appropriate team. Currently have one current case which has been transferred to an appropriate team.

If you can open cases I would recommend you seek reinstatement of the listings before you send another POA. There is no way you can prevent dimwit Amazon bots taking action.


#23

Amazon. this is how you should write the policy, don’t deactivate the seller’s account until the seller knew about the violation from the brand owner remove the ASINS in question and move on , Deactivation should be last resort not the first step, brand owner tell the seller to refrain from selling the product if not then amazon intervene, Amazon forget that people make their livelihood here, when you deactivate you disrupt not just life of the seller but also his/her family


#24

A regular old magazine we sell got flagged a (Suspected Intellectual Property Violation) . The magazine has NFL Player The magazine was sold on the news stand. We can not list an actress photo because her last name is trademark for a company.