How to respond to an Intellectual Property violation
We’ve been talking about Brand Registry here a lot in the past weeks. We defined Amazon Brand Registry roles and Amazon Brand Registry frequently used terms. We shared how to report a violation through Amazon Brand Registry.
Now let’s discuss intellectual property (IP) violations and how to respond to an IP violation correctly if you have one against you.
IP Types and how they’re enforced
First, let’s start by reviewing the three main types of IP rights:
- Copyrights are legal protections for original works of authorship.
- Trademarks are legal protections for a word, symbol, design, or combination of the same that a company uses to identify goods and services.
- Patents are legal protections for inventions.
Most of the IP violations map to one of these three IP types. Refer to the Amazon’s IP enforcement table for a breakdown of types of notice you may receive, and required actions you need to take based on the IP infringement notice.
Letters of Authorization & Licensing Agreements
When following up on a required action, you’re frequently required to provide a Letter of Authorization (LOA) or Licensing Agreement (LA). These documents must be from the relevant brand owner to use their registered trademark.
Amazon requirements for an LOA or LA include:
- Scanned copies of agreement in PDF or Image format are accepted.
- All information must be visible and easy to read.
- Must be signed or stamped by the brand or manufacturer.
- If you own the trademark in question, provide proof of ownership.
- Screenshot of email from brand owner is accepted but the email must be sent from a brand domain.
- All documents must be authentic and unaltered.
Pro tip: You may remove pricing information, and highlight/circle the ASINs under review so it is easy for the reviewer to identify. However, the rest of the document must be visible.
Common pitfalls to avoid
Here are some common decline reasons of appeal or dispute:
- The documents you submitted do not reflect your sales volume during the last 365 days.
- You didn’t provide contact information for your supplier, including name, phone number, address, and website. (Don’t worry, We will maintain the confidentiality of your supplier contact information.)
- You submitted a Word document. Remember you can only send .pdf, .jpg, .png, or .gif files.
- Submitted documents were not authentic or unaltered.
Pro tip: If asked to submit an invoice(s), ensure you check the number of days being requested and/or the amount of invoices that accurately depict the inventory in stock and what has been sold. Reminder, you’re trying to provide proof that the product you are selling is authentic.
Was your IP infringement appeal denied?
If so, there’s a good chance this was because your LOA or LA wasn’t considered valid. The following documents are not considered valid when submitting LOA/LAs:
- Invoices, inventory documents, distribution rights, and reseller agreement.
- Letters in an editable format such as Word document, Excel, or Notepad.
- Receipts from online or physical (brick-and-mortar) retailers.
- Order confirmations (online and hard copies) and packing slips.
- Commercial or customs invoices (a customs declaration provided by the person or corporation that is exporting an item across international borders).
- Bills of lading (a document issued by a carrier that lists goods being shipped and specifies the terms of their transport).
- Sales orders, purchase orders, quotes, or pro-forma invoices (a document sent in advance of a shipment or delivery of goods but does not serve as an agreement).
Important: This policy is not legal advice. You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others.
- You must comply with all federal, state, and local laws and Amazon policies applicable to your products and product listings.
- You may not violate the IP rights of brands or other rights owners.
How to respond to an Intellectual Property violation
We’ve been talking about Brand Registry here a lot in the past weeks. We defined Amazon Brand Registry roles and Amazon Brand Registry frequently used terms. We shared how to report a violation through Amazon Brand Registry.
Now let’s discuss intellectual property (IP) violations and how to respond to an IP violation correctly if you have one against you.
IP Types and how they’re enforced
First, let’s start by reviewing the three main types of IP rights:
- Copyrights are legal protections for original works of authorship.
- Trademarks are legal protections for a word, symbol, design, or combination of the same that a company uses to identify goods and services.
- Patents are legal protections for inventions.
Most of the IP violations map to one of these three IP types. Refer to the Amazon’s IP enforcement table for a breakdown of types of notice you may receive, and required actions you need to take based on the IP infringement notice.
Letters of Authorization & Licensing Agreements
When following up on a required action, you’re frequently required to provide a Letter of Authorization (LOA) or Licensing Agreement (LA). These documents must be from the relevant brand owner to use their registered trademark.
Amazon requirements for an LOA or LA include:
- Scanned copies of agreement in PDF or Image format are accepted.
- All information must be visible and easy to read.
- Must be signed or stamped by the brand or manufacturer.
- If you own the trademark in question, provide proof of ownership.
- Screenshot of email from brand owner is accepted but the email must be sent from a brand domain.
- All documents must be authentic and unaltered.
Pro tip: You may remove pricing information, and highlight/circle the ASINs under review so it is easy for the reviewer to identify. However, the rest of the document must be visible.
Common pitfalls to avoid
Here are some common decline reasons of appeal or dispute:
- The documents you submitted do not reflect your sales volume during the last 365 days.
- You didn’t provide contact information for your supplier, including name, phone number, address, and website. (Don’t worry, We will maintain the confidentiality of your supplier contact information.)
- You submitted a Word document. Remember you can only send .pdf, .jpg, .png, or .gif files.
- Submitted documents were not authentic or unaltered.
Pro tip: If asked to submit an invoice(s), ensure you check the number of days being requested and/or the amount of invoices that accurately depict the inventory in stock and what has been sold. Reminder, you’re trying to provide proof that the product you are selling is authentic.
Was your IP infringement appeal denied?
If so, there’s a good chance this was because your LOA or LA wasn’t considered valid. The following documents are not considered valid when submitting LOA/LAs:
- Invoices, inventory documents, distribution rights, and reseller agreement.
- Letters in an editable format such as Word document, Excel, or Notepad.
- Receipts from online or physical (brick-and-mortar) retailers.
- Order confirmations (online and hard copies) and packing slips.
- Commercial or customs invoices (a customs declaration provided by the person or corporation that is exporting an item across international borders).
- Bills of lading (a document issued by a carrier that lists goods being shipped and specifies the terms of their transport).
- Sales orders, purchase orders, quotes, or pro-forma invoices (a document sent in advance of a shipment or delivery of goods but does not serve as an agreement).
Important: This policy is not legal advice. You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others.
- You must comply with all federal, state, and local laws and Amazon policies applicable to your products and product listings.
- You may not violate the IP rights of brands or other rights owners.
57 replies
Seller_Qbd0RsfZFEZBY
Best way to avoid this whole topic is to have a commercial account with the brand. The only sellers who would have an issue with this are sourcing 2nd tier or lower and/or grey and black market.
Seller_pPJq5hFWVCV7P
A straightforward solution to address these issues is to become the manufacturer or engage in private labeling to establish your brand, which aligns with Amazon's core concept. While I'm open to correction, I have yet to encounter a seller who faced intellectual property (IP) infringement or listing hijacking when employing this approach.
Seller_x6LZsG5wr7k6l
We need on article that helps us avoid the people on here that are running intellectual property scams that amazon customer service falls for and never helps.
Imagine owning your own brand and having your products selling and someone flags your products for violating their property rights and you did not. You reach out to them to say they flagged your product in error and they don't care and demand you pay thousands of dollars to release it.
They don't even own the property rights and never will because all they did is register a common phrase which will get denied by the USPTO but hey why not force people to pay thousands until it is processed and denied.
So now you have to waste your time compiling some kind of evidence that you don't violate anything. Then you have to send 9,670 messages and call 72 times and get no help to reinstate even though you clearly don't sell anything they sell nor do you violate property rights they don't own. So guess what go cry it out and lose your money but keep your sanity. Amazon doesn't care nor do the scammers.
Seller_pjLL7Z1JHHcMf
Hi @Sandy_Amazon,
How should a seller best respond to scam IP violations?
My account has been the victim of this and the fallout has now dragged on for 10+ weeks. A person (as far as I can tell they don't even sell on Amazon) has filed for a trademark of a generic term I had on my product and in my description. I've spoken to 2 lawyers who both said there is a near 0% chance the trademark is granted on the term because it is generic. The individual that filed for the trademark has filed 2 separate false IP complaints on each of the 7 ASIN's I have that use the term. Each time Amazon immediately accepted the infringement claim (I'll also add the claim had typo's and was clearly a fill in the blank form in which some blanks mentioned other products and companies totally unrelated to the complaint) and deactivated the listing. Each time I submitted relevant information, I lost days of sales as Amazon took several days to review and then eventually reinstated my listing because the other person has no IP to infringe on. Once this person/scammer realized the IP claims weren't going to work, "someone" reported my products as being expired and not having an expiration date on them.... funny thing is they don't expire. This start a whole new issue where Amazon auto-updated my listings to say they had an expiration, without telling me, and the next few shipments I sent in went into a 60 day quarantine for not having the expiration date on the packaging. Amazon never notified my of this, it took multiple calls to seller support before I was even told what was happening. At this point due to the scammer and Amazon's negligence I've been running at about 30% of my normal sales for 10+ weeks and have over 1000 units stuck in quarantine for no reason.
Also I do have a trademark on my brand and am Amazon Brand Registered.
Any advice on how to prevent these issues in the future and get my inventory out of quarantine NOW would be greatly appreciated.
Seller_TdaUwuIagqLN3
something similar happened to us recently. I didn't even bother contacting the complainant.
Bizarre that Amazon will remove your Private label listing and leave your product stranded before even giving you a chance to respond.
But yea. I assume this is going to be the new trend until Amazon decides to do something to stop it.
Seller_qDtIvTIkGlb22
you guys will do nothing against chinese seller who violate copyright and lie to you guys in the face.
Seller_tAfXR7sVBEoZS
I'm sorry @Sandy_Amazon, but this post is written by someone who reads the rules, not someone who has ever tried to follow them. We sellers can provide EVERY single thing asked for and get a generic statement that there is insufficient information. I went over 15 rounds of support, a moderator helping, and got no where. I had to get the sales person to contact the rights owner to confirm the product was legit and have the violation removed. Amazon destroyed the product and did not refund me until I requested it.
Scammers know how to work the system (or as some say, have inside help) and hijack listings or start selling on brand registered accounts without permission. Amazon makes it harder to protect a registered brand than it is for people to violate it. Then, honest sellers who don't know how to game the system have their real products destroyed due to bots reviewing documents or employees who just hit the generic response button to close the ticket and meet a quota. Amazon brags about how many products it destroys in the name of counterfeit reduction. It should publish the number of non counterfeit products it destroys as well, of course, it does not want to publish that number.
The whole system is flawed and any attempt to tell us that the rules can be followed successfully is going to result in countless stories to the contrary.
Amazon should require those who report fraudulent items to respond in a chat with the person they reported. Amazon does not even inspect the products on their own shelf, but asks us to take pictures of the item they have. Then, when we don't provide pictures, assumes that is because it is fake. We can't request it back because it was reported. There are countless ways the rules and the reality on the ground run in circles like a dog chasing its tale. Most of the time, sellers get tired and let the tail get away.
Seller_rFyxk4x2i2V6L
It seems to me that there are two distinctly different, often conflated issues being discussed here: product authenticity and seller authenticity. The very first comment:
is about seller authenticity, and the response from the op/mod also deals with seller authenticity:
when the original post specifically says reseller agreements are not valid:
The following documents are not considered valid when submitting LOA/LAs:
- Invoices, inventory documents, distribution rights, and reseller agreement.
The original post is about product authenticity. A Letter of Authorization / Licensing Agreement is not the same thing as a reseller agreement. The LOA / LA is to establish that the product itself is valid, not that any one individual seller validly sourced the product.
This distinction is important. And this is where the original post, and Seller Support, and the "Address Your Listing Violation" process fails us: when we are incorrectly required to present a LOA - when Amazon is already aware of the license situation between the manufacturer and the brand name.
The main problem we have is with "Suspected" Intellectual Property Violations, which mostly occur when some random 3rd-party seller has entered an incorrect brand name attribute, and Amazon's system picks up the incorrect contribution. Suddenly an item page that has had no problems for years gets taken down, and getting the brand name attribute changed back is nearly impossible. Usually we are told to remove the actual, correct brand name from the description and bullet points, or we are told that only the brand owner can make changes (when the new brand attribute is not correct in the first place,) or we are told to present an LOA: "Please provide a letter of authorization from '[brand X]' stating that they have the right to use licensed '[brand X]' references and sell them under Seller's own Brand Name, establishing a relationship between them." Of course, we are not the manufacturer and the item is not our "own brand name." An example: just today I was told to present a LOA for a Funko branded product to use Star Wars references. Here is the point: Amazon is already aware that Funko has a license to use Star Wars references. Amazon themselves has exclusive Funko Star Wars items, all using the brand attribute "Funko" and all referencing Star Wars. In this situation, Amazon should not be asking us for a LOA. Amazon themselves have already "established a relationship" between the brand and the license. Getting Seller Support to understand that and to reactivate the listing is very difficult, and usually takes weeks and multiple requests to escalate the issue, and even the "Escalation Resolution Specialists" will not always reactivate the listing.
There needs to be a concrete, systematic process to reactivate listings that have only been deactivated because some random idiot incorrectly changed the brand name attribute. The current "Address your listing violatoin" process only has two options to choose from when you click through the "Has your listing been deactivated in error?" option: "I am authorized by the rights owner to use this brand's trademark term in the product detail page for my product." or "My listing is unrelated to the brand listed in the reason column on the Account Health." In these situations, neither of those are correct. There needs to be a third option here: "Amazon needs to remove the incorrect brand attribute contribution. The correct brand name is [brand x] and the correct manufacturer name is [manufacturer x]. Amazon is already aware of this relationship."
Seller_osgyvVkfHKGG1
This post is entirely tone deaf to the reality of what happens out there. What do we do when we get a SUSPECTED IP VIOLATION because a listing has the word "ONE" in it and PURINA takes issue?
It's all a joke and this is a just feel good post to give people hope that there is a legitimate way to avoid getting these. In reality, it does nothing to address the actual issue - which is Amazon has no idea how to handle this so they just hammer us with incorrect IP claims. I don't even fight them anymore - just delete the item and wait the 6 months for it to fall off. Fighting any of these with Seller "Support" (and I use that term extremely loosely), is a COLOSSAL waste of time.
Seller_TJJKxbukR6lCY
amazon is so confusing at first they say they are retail arbitrage friendly then they switch up and are aggressive policies against it and then they switch again and then back to being aggressive. should include it in their intro that they aren't retail or online arbitrage friendly and only wholesale friendly