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Read onlyDear community, I need help.
My seller Account have been deactivated for IP's violations.
The backgroung is: i do have a brand; trademark; RN Registered Identification Number and everything i need to sell my products. We have a factory in China that produce my products etc...
The reason of the IP Violations is Counterfeit and mainly what happened my employee that clearly back then didn't know that we need a letter of authorization to sell on an other ASIN that we don't owned. He found out that Amazon allow other seller to sell that same product on other ASIN and that was his logic.
I want to be clear about my product are not Counterfeit. They are original product of under my Trademark.
On my Appeals i have provided all the documentation and proof about my products are not Counterfeit/ POA and how greater details that demonstrate my account has complied with Amazon policy. And also i have acknowledge that my employee had a lack of experience on Amazon IP Policy and i have included in my POA trainings that he will have on those topics.
Since my seller account deactivation i have made at least 15 submission(appeals) over a month
My issue is that my last response from the Amazon Health Team is copy/paste of the 3rd response i've received.
We are eager to understand what Amazon Health Team needed to know or have for the reinstatement of my seller Account and as today we are so confused...
Thank you!
That doesn't address the violation. They want valid invoices from valid suppliers of where you got your merchandise. Or a LOA from the brand.
Doesn't matter that your employee wasn't trained properly, it's your account and your responsibility. Amazon does want excuses. If you cannot address the violation with whatever they are requiring, then you are done.
" And also i have acknowledge that my employee had a lack of experience on Amazon IP Policy and i have included in my POA trainings that he will have on those topics.
Find the suspension notice and POST THAT but remove all personal information first.
IF you are given another chance to appeal think SMALL.
Short sentences
Bullet points
SMALL WORDS that someone reading it can understand when English is NOT their primary language.
AND, Amazon does NOT want to hear what you WILL DO.
They want to be told what you HAVE DONE already.
This is what i have mention:
Steps Taken to Address the Issue
Upon receiving the suspension notification, I immediately conducted a thorough review of my account and identified the root causes of the IP violations. To address and rectify the situation,
I have taken the following steps:
1. Immediate Removal of Infringing Content
o All product listings that were found to be in violation of IP rights have been immediately removed from our store. We have carefully reviewed our entire inventory to ensure no other listings are in violation.
2. Enhanced Verification Process
o Implemented a more robust verification process for all products before listing them on Amazon. This includes:
• Conducting thorough checks for IP compliance.
• Verifying authorization from trademark owners for the use of any proprietary content.
3. Staff Training and Education
o Conducted comprehensive training sessions for all employees involved in product listing and content creation. This training focuses on Amazon’s IP policies and best practices to ensure compliance.
o Instituted regular training updates to keep the team informed about any changes in Amazon’s policies and IP laws.
4. Documentation and Compliance
o Developed and implemented a detailed compliance checklist to ensure ongoing adherence to Amazon’s IP policies.
5. Policy and Compliance Monitoring
o Compliance Checklist: Developed and implemented a comprehensive compliance checklist that must be reviewed and signed off before any product is listed.
o Regular Audits: Instituted regular audits of our listings and business practices to ensure ongoing compliance with Amazon’s policies.
and thank you for your advise!
You say you removed the infringing items, that doesn't remove the violation.
I know but i remove all possible infringing items too
That doesn't address the violation. They want valid invoices from valid suppliers of where you got your merchandise. Or a LOA from the brand.
We are in the same page, i did provided those documents
this is what i have provided:
Trademark Electronic Search System" Registration Number
" certificate" issue by the United State Patent and Trademark Office
"LDD Commercial invoice" is the order we've place from our manufacturer : Invoice Number
"MSC_Arrival_Notice_ for countainer " is the proof of the order from invoice: was ship in a countainer.
"Bill of lading" issue from my brooker for the countainer
"Final Invoice" was the payment for the Invoice Number
" Proof of product authenticity" was issue by my supplier for our invoice
"Packaging of my product" is a picture of my products and what they look
This is what they are asking on their last response:
-- Proof of product authenticity (e.g. authorization letter). It must clearly demonstrate that your products do not infringe the intellectual property of the rights holder.
If you believe the rights holder made a mistake in submitting the notice, contact them and ask them to submit a retraction for this report. We can only accept withdrawals that the rights holder submits directly to us. We do not accept retractions forwarded or sent as attachments.
And
A dispute including the following elements:
-- More details about the actions you took to resolve the complaint
-- More details on evidence or examples that demonstrate that your account complies with our policy
If you believe the rights holder made a mistake in submitting the notice, contact them and ask them to submit a retraction for this report. We can only accept withdrawals that the rights holder submits directly to us. We do not accept retractions forwarded or sent as attachments.
And
A dispute including the following elements:
-- More details about the actions you took to resolve the complaint
-- More details on evidence or examples that demonstrate that your account complies with our policy
This is what i did.
I've refunded the owner and i've sent them an email to apologize.
But my seller account is still deactivated...
"I've refunded the owner and i've sent them an email to apologize."
Does that mean that the owner did a test buy and then complained?
You have to not only apologize but you need to ask them if they will withdraw the complaint.
MANY times they will be willing to if you removed all the other infringing items.
The PROBLEM is that it now sounds like there wasn't just ONE item which is what it sounded like at the start when you said " sell on an other ASIN that we don't owned" and not the plural of "ASINs".
Amazon might forgive one (less and less under their slightly more strict rules) but multiples is going to be extremely hard to overcome.
My best guess is that you are done on here.
hi @Stevie_Amazon i need some guidance.
ID complain: 15402597321
Is selling my own registered product under my Trademark on another ASIN is considered Counterfeit ?
Thank you
Hello @Seller_E5FyoOTO1Nfko,
Thank you for posting your concerns with an intellectual property complaint from a brand or rights owner.
The backgroung is: i do have a brand; trademark; RN Registered Identification Number and everything i need to sell my products. We have a factory in China that produce my products etc...
The reason of the IP Violations is Counterfeit and mainly what happened my employee that clearly back then didn't know that we need a letter of authorization to sell on an other ASIN that we don't owned. He found out that Amazon allow other seller to sell that same product on other ASIN and that was his logic.
It would appear that when your employee listed these products they listed your products under someone else's ASIN which may have their own intellectual property or brand protection. This would directly violate their intellectual property rights thus we will require valid invoices that shows you were attempting to source and sell their products and brands. Invoices will need to reference the listed product and brand as well.
As this is associated to an account deactivation we will in most situations require a valid dispute including a letter of authorization, or invoices as mentioned. If these cannot be provided there may be an option the account may not be eligible for reactivation, as a plan of action does not address these types of situations and nor almost never accepted outside of very unique situations.
We didn't decided to take an off the shelf generic product that we found and put our brand name on it and then sell it on Amazon.
My products that was sold on an other ASIN with out a letter of authorization were my product that i was selling o for the last 10 years on other marketplace.
As you've described, you were selling your branded products under someone else's branded listing, this misuses their intellectual property creating this type of violation. As mentioned above we need proof that you were authorized to use their intellectual property for reactivation.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
Hey @Seller_E5FyoOTO1Nfko
I totally understand your frustration. We went through the same nightmare of our account being deactivated due to an intellectual property violation.
We kept appealing regularly for two months using our specialized techniques, and our persistence paid off and we eventually got reactivated.