Intellectual Property violation? Troubleshooting steps are here 👀
Receiving an intellectual property (IP) violation notice can stop your business in its tracks, especially when it affects your listings and Account Health metrics. Whether you're a new seller or experienced veteran, these notices are serious - but don't panic. This guide will walk you through exactly what to do if you receive an IP violation and how to respond correctly to protect your business.
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 yes, 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.
Remember: Each IP case is unique, and what works for one seller might not work for another based on the situation. Building a community of knowledge helps everyone navigate these challenges more effectively.
Need more specific guidance? Drop your questions in the comments, and let's problem-solve together! (Just remember to avoid sharing sensitive business information publicly.)
Intellectual Property violation? Troubleshooting steps are here 👀
Receiving an intellectual property (IP) violation notice can stop your business in its tracks, especially when it affects your listings and Account Health metrics. Whether you're a new seller or experienced veteran, these notices are serious - but don't panic. This guide will walk you through exactly what to do if you receive an IP violation and how to respond correctly to protect your business.
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 yes, 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.
Remember: Each IP case is unique, and what works for one seller might not work for another based on the situation. Building a community of knowledge helps everyone navigate these challenges more effectively.
Need more specific guidance? Drop your questions in the comments, and let's problem-solve together! (Just remember to avoid sharing sensitive business information publicly.)
Sandy_Amazon
I am attaching some additional guides:
- Troubleshooting steps for listings suppressed due to suspected Intellectual Property violations
- Intro to Listing Products
- How to list your products: a comprehensive guide
- Intro to Product Detail Pages
- Pre-listing preparation for new Amazon sellers
- Intellectual Property policy for sellers - Trademarks
- Intellectual Property Policy for Sellers
Please see my reply below for specific question regarding licensed products. (please click on "view post" to see my whole reply)
I'm providing updates regarding your feedback/question. I was in touch with internal teams that are responsible for trademark violations and involved in Account Health.
First, it's important to understand that Wholesale Invoices, while valid for Brand Approval/Ungating purposes, are not the correct documentation to resolve Suspected Intellectual Property Violations. These are two distinct processes with different requirements.
For your specific case involving Marvel characters, the resolution path depends on the nature of the violation:
a) If the violation is related to trademark misuse in your listings (such as incorrect brand attribution), the primary solution is to edit and correct the product listing itself.
b) For trademark authorization matters specifically related to Spider-Man or other Marvel characters, any Letter of Authorization would need to come from the entity that owns the rights. In this case specifically, the entity rights could be from Marvel Entertainment, LLC. You mentioned,
Best,
Sandy
29 replies
Seller_MshMnjhXqb3ln
Hi @Sandy_Amazon,
Thank you for sharing this information.
Yesterday, I received an IP violation notice regarding a listing I created years ago, where I mistakenly used a registered trademark in the content. I immediately deleted the listing. After receiving the notice, I opened a case with Seller Support, and they advised me to rebuild the listing and remove all trademark wording.
I followed their instructions by uploading a bulk file yesterday. However, today I received another IP violation email for the same ASIN. The new notice does not mention the trademark wording anymore. I have double-checked, and I am sure that the updated listing no longer contains any trademarked terms.
Could you please advise me on what steps I should take to resolve this issue permanently?
Thank you very much for your guidance.
Seller_R2dP7Hunjcdj0
Dear @Sandy_Amazon,
I realize this is lengthy, but I implore you to read this carefully, as it pertains to MANY of your Amazon 3rd Party Selling "Partners" being able to Sell on Amazon.
To begin with the topic at hand, since we purchase ALL of our products from Recognized Authorized Wholesale Distributors, we have little difficultly avoiding any actual "Intellectual Property Violations".
HOWEVER...
The same cannot be said for "Suspected Intellectual Property Violations", which are not triggered by an actual IP Rights holder complaint, but are instead generated by the Amazon computer to (apparently) anticipate possible future IP Complaints.
The conundrum is this:
Even though a Wholesale Invoice from a Recognized and Authorized Wholesale Distributor IS Valid enough to receive "Brand Approval" and become "Ungated" to sell such products on Amazon, the EXACT SAME Wholesale Invoice from a Recognized and Authorized Wholesale Distributor can NOT be used to dismiss a "Suspected Intellectual Property Violation", as these can ONLY be "Cleared" by supplying a "Letter of Authorization" from the "Brand" that Amazon has (arbitrarily) assigned to the product in question.
As a Seller of Licensed Products which are purchased from Recognized Authorized Wholesale Distributors, we are Retailers, NOT Manufacturers.
The "Rights" to Manufacture and Sell these products was purchased from the "Rights Holder" by the Manufacturer, NOT the Retailer, and these rights confer complete Authorization to Sell such goods on the open market, according to the License Agreement between the Manufacturer and the "Rights Holder".
Furthermore, these Resell Rights pass-through from the Wholesale Distributor to the Retailer, and DO NOT Expire as long as the Retailer retains Inventory of the product for Sale.
If this ceased to be the case, NO ONE would EVER pay to License a Property to Manufacture a New Product using that Licensed Character, as they would NEVER be able to "Sell" the finished product.
I hope I have made it clear how Selling Licensed Products works.
Now, how can we make Amazon understand this?
In OUR specific situation, the Wholesale Distributors we purchase our Inventory from are the SAME Distributors that Amazon itself purchases from, as confirmed to me by the Distributors themselves.
These Licensed Products are almost 100% "Amazon Retail Team" contributions, and as such, NO ONE but the "Amazon Retail Team" can make ANY changes or corrections to the listing, even in the case of obvious Error.
ALL of these "Suspected Intellectual Property Violations" stem from how each product is "Branded" by the "Amazon Retail Team" at the time the Listing is created by them, and in the case of Licensed Products, the "Amazon Retail Team" appears to follow no set "Rules", which leads to erroneous and confusing "Branding" of these products.
For example, All "Marvel Legends" Action Figures are Wholesaled in Case-Lots of 8 figures, manufactured according to a unifying Theme, such as "Black Panther Movie", or "Spider-Man" for example.
Additionally, most "Marvel Legends" Action Figure cases are Mixed figures within a specific Theme, usually packaged as 7 different figures with one duplicate, for a total of 8 figures within the specific "Theme".
I chose "Black Panther Movie" specifically because within one case of 7 figures, the "Amazon Retail Team" created 3 different "Brands" contained within the SAME CASE of figures; "Black Panther", "Avengers" and "Marvel".
While ANY of these 3 "Brands" could be considered "Correct", they are clearly 3 different "Brands" used for the items within the same case-theme.
ALL 7 figures SHOULD have been "Branded" with the SAME "Brand", not 3 different "Brands", but these were obviously created by at least 3 different people in the "Amazon Retail Team", which led to 3 different "Brands" within the same Case of figures.
This inconsistency is in and of itself a serious problem, considering how high a value Amazon places on a products given "Brand"
AND, if/when an Amazon Retailer is required to provide documentation to "Clear" the "Suspected Intellectual Property Violation", Amazon WILL NOT ACCEPT the Valid Wholesale Invoice proving the Legal and Valid Wholesale purchase of the item in question.
Instead, Amazon will ONLY accept a "Letter of Authorization" from whomever Amazon listed as the "BRAND", according to whatever "Brand" was assigned by that particular member of the "Amazon Retail Team", and most often, NOT the actual "Rights Holder" and usually NOT even an actual living entity!
To "Clear" such "Violations" is then an actual physical impossibility, as Amazon would NOT accept a "Letter of Authorization" from HASBRO (the Manufacturer), nor from "Marvel" (the "Rights Holder"), nor even from DISNEY (the owner of Marvel).
NO...
Amazon will ONLY accept a "Letter of Authorization" from "Captain America", or "Spider-Man", or "Black Panther", etc.
These are ALL Fictional Characters who do not in fact exist in reality, nor are they the "Rights Holder" for ANY products bearing their Likenesses or Logos.
The amount of products that have been erroneously deactivated and deleted from Amazon's computer equates to untold Lost Wealth in the form of Lost Sales that Amazon has not only prevented Authorized Retailers from acquiring, but Lost Wealth for Amazon as well.
But this can easily be reversed and resolved:
Amazon needs to accept Wholesale Invoices to "Clear" all "Suspected Intellectual Property Violations", which prove the Legal Rights to Resell under the original Licensing agreement.
I, and I assume every other Amazon Seller of Licensed Products would VERY MUCH like to read your official reply to this problem situation.
Thank you in advance.
Seller_5SLIalCcdl8M8
@Sandy_Amazon, could you provide some insight on my case id 18329595391. I have provided all the information plus I have removed all images as suggested but have not received a response yet. Thank you!!
Seller_R2dP7Hunjcdj0
Thank you for your reply. It is especially meaningful for us as Amazon Sellers who are considering a move to WAL-MART.
For about 5 years now, WAL-MART has been actively and aggressively trying to recruit us to become a Seller for THEM.
Frankly, I have been kept too busy by Amazon sales to consider taking on yet another responsibility to another platform.
However, every year Amazon's computers erroneously deactivate and remove perfectly valid ASIN's based on this type of "Suspected Intellectual Property Violations", as well as requiring "Child Safety Test Documentation" for products that are NOT considered "Children's Toys", or for "Battery Test Documentation" for products that DO NOT even have any batteries.
The amount of legitimate products, legally purchased from Recognized and Valid Wholesale Distributors that have been deactivated continues to grow every year.
I would need to hire a Full-Time employee whose job would be to "Fight/Defend" these types of deactivations, and that is with NO guarantee of a favorable outcome while "Fighting" against a computer program that is incapable of understanding that IT might be In-Error. "Computers are Dumb... They only know what you tell them" - Seth Brundle
This represents a MASSIVE amount of "Money left on the table" by Amazon, ALL because their computer program is so poorly-written to be a huge net that traps more than what it is actually "Fishing" to catch.
It leaves me to often consider moving these products to WAL-MART, and see how THEY treat me as a "Valued 3rd Party Selling Partner".
So, @Sandy_Amazon,
Will you reply with a response that demonstrates that Amazon even CARES if they are losing Business (and Sellers) to their direct competition?
Is Amazon SO wealthy that they can afford to LOSE such a massive amount of sales?
Seller_7H4ZGDmVUsSXp
What they also do is hand products/revenue over to W.M. and other inferior mkt.places. In other words.. the handwriting is on the wall. It reads: Sandyzon, you're been weighed and found wanting.
Seller_CZDZ4J5Y7HMzn
Hi @Sandy_Amazon
Thanks for all this information, it's super important and useful.
One quick question: how to report a non-authorized international seller? I know in Europe you can report a "Parallel Import", but that option is not available here in the US. What would you recommend us to do, step by step?
We really appreciate your feedback!
Seller_Ggt6s7zXEwLbA
let's problem-solve together
What if there is a "suspected" trademark infringement but there is none?
For example, assume a listing for a bumper sticker is flagged because it uses the word "delta" - and the word "delta" is a trademark.
Delta is a trademark for an airline. It is also a trademark for a water faucet.
1. What is the Trademark and Who is the owner?
Amazon does not identify WHO the alleged trademark owner is. Since trademarks are done by product/service classes there can be many trademark owners using the same term for different products. Sometimes, the same trademark word is allowed by different brands for the same type of product, such as Mustang on shirts is a brand by both Ford Motor and Haggar Clothing - same word but different styling.
Do you see why it is critical to know WHO a claim is being made about. One solution for registered trademarks is Amazon could simply and easily list the trademark registration number in the notice of a suspected problem so a seller knows what to review.
Amazon should already have the registration number if it is making a suspected trademark claim - right?
2. What if the response is legally there is no infringement?
Your post, and Seller Support, requires a LOA/LA in response.
But this incorrect. For a "suspected" claim requiring a LOA turns it from "suspected" into Amazon is practicing law by making a legal determination there is actual infringement and then requiring an authorization for permission.
So for my example of Delta being flagged in a bumper sticker, what if my response is purely legal - there is no trademark infringement because a bumper sticker is not in the same class as an airline or water faucet.
The problem is India seller support is not qualified, nor does it have the time to do this legal analysis. Instead, what happens is seller support says we need a LOA from an "owner" they can't identify and the "suspected" infringement can't be resolved with support. It's just circular - over and over - support says they need a LOA but obviously a LOA cannot not be provided and misses the legal issue anyway.
My proposed solution: treat suspected trademark violations the same as copyrignt claims per the DMCA
For copyright claims if a claimed infringement is made the seller can make a counter stating the claim is incorrect and their product does not infringe. At that point the burden is on the claimant to sue for infringement and Amazon is out of the picture.
If Amazon wants to flag a "suspected" trademark issue let me resolve it by stating the claim is incorrect and there is no infringement. At that point the issue is resolved for Amazon and the product remains listed until a court rules otherwise.
3. Amazon's Required Insurance Should Cover This
Due to my sales volume Amazon requires I carry insurance including Amazon as a named insured for this exact issue - IP claims. My policy is $1 million per occurrence / $2 million aggregate per year.
If a seller does a "counter" suspected IP infringement claim stating there is no infringement then Amazon could require the seller to maintain the insurance policy including Amazon as a named insured, if they are not already insured.
Seems to me this would solve a ton of seller headache, reduce seller support time for issues they are not qualified to handle anyway, and provide an simple resolution for Amazon while also protecting Amazon.
Seller_R2dP7Hunjcdj0
Dear Sandy,
Thank YOU for your prompt reply, and for not replying with a "Canned" response.
I, and virtually every other Seller of Licensed products on Amazon will be eagerly awaiting their response, as it will mean reclaiming virtually untold Sales for both Amazon and their 3rd Party Sellers.
I will patiently await a definitive answer to this vital subject. Thanks again!
Seller_R2dP7Hunjcdj0
Probably the best write up I have seen in 3 years on these forums. Enough to make me actually post.
Great job explaining this.
This is the Nicest thing that any Amazon Seller has ever posted to me, and I VERY MUCH appreciate your post.
Good Luck to us All in attaining a positive outcome to this problem
Seller_YpjEt7S6YoRTw
why do you not take down the listings that are made by sellers that received a trademark violation but then they make a new listing hiding the Brands name on the packaging in the photo but leave enough of the name so buyers know what they are selling. Or they use AI and change the brand name to a similar name and the. Send the trademarked product? It’s shady!! They figured how to trick the bots!!
