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I received an intellectual property complaint for a product that Amazon had allowed me to list on its website

by Seller_0y68g81W1btGn

Greetings,

I would like some assistance in resolving an intellectual property complaint that i received. My account health has been greatly jeopardized as a result thereof, and hence, I do not wish to get in any legal predicament nor have my account suspended for listing a product that amazon permitted me to.

Can anyone please offer any advice in how to go about getting this quashed?

i would also like to make note that, in order to appeal, i am required to provide my personal information in the event that i were to get sued. Would providing amazon with such information be required or can i simply choose to ignore this appeal and complaint altogether?

Best regards,

Tags: Account Health, Seller Support
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Seller_Hi7wbO2Kbo6bl
In reply to: Seller_0y68g81W1btGn's post

Being able to list and having the right to list are not one and the same.

Amazon will "allow" many listings that the brand owner will not tolerate.

It is up to the seller to obtain proper permissions from brand owners before offering those items for sale as New. That would apply even for venues other than Amazon. It just happens that brands target patrol Amazon for obvious reasons.

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Seller_OvL8C4BJWiuS9
In reply to: Seller_0y68g81W1btGn's post

Just because says yes, doesn't mean the brand does. You are listing a branded product without proper authorization from the brand to sell as a 3rd party seller on a marketplace. Amazon assumes you have the proper documentation from the brand.

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Seller_kIukTwdhvntAp
In reply to: Seller_0y68g81W1btGn's post

As both @Seller_Hi7wbO2Kbo6bland @Seller_OvL8C4BJWiuS9have noted, you are confusing theory and reality.

You are confusing AMAZON allowing you to list (or at least "ungate") an item or category and actually being APPROVED to sell a product. AMAZON is only interested in FEES. They will allow a chimpanzee to list if it means they collect $$$$$.

You really need to go study Seller U instead of TikTok and YouTube before your account gets kicked to the curb permanently.

Since you don't appear to have done that PLEASE pay attention to the following:

The first question is -- Are you authorized IN WRITING by the BRAND to sell their items on Amazon? That means from the BRAND, not some random wholesale source that can NOT authorize anything – they only SELL.

More and more brands have provided a "whitelist" of their approved sellers and if YOU are NOT on the list you will be stopped in your tracks and probably hit with an IP violation.

The second (and probably more important) question is -- Where are you sourcing your products? Are you buying direct from the brand or through an AUTHORIZED wholesale source?

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Seller_dPSfkyMFi57Vh
In reply to: Seller_0y68g81W1btGn's post

Squishmellow is very picky about resellers. There are so many copycat squishmellow. Most sold at Comi-cons are fakes. I attempted to get some to sell in my brick and mortar store, and they are not open to new vendors at all right now.

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Seller_LImVvUWeyiCfQ
In reply to: Seller_0y68g81W1btGn's post

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Seller_0y68g81W1btGn
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can i simply choose to ignore this appeal and complaint altogether?

It seems you've already ignored some complaints. Probably not a good idea to continue to do so.

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Stevie_Amazon
In reply to: Seller_0y68g81W1btGn's post

Greetings @Seller_0y68g81W1btGn,

I hope this finds you well!

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Seller_0y68g81W1btGn
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I would like some assistance in resolving an intellectual property complaint that i received.

I understand you are needing assistance in order to address an intellectual property violation you have received.

I first want to show appreciation to @Seller_Hi7wbO2Kbo6bl, @Seller_OvL8C4BJWiuS9, @Seller_kIukTwdhvntAp, @Seller_dPSfkyMFi57Vh, and @Seller_LImVvUWeyiCfQ as they have provided great insight to the situation and asked all the relevant questions I, too, would usually ask on this type of situation. Thank you all so much for your contributions!

Kindly take their questions and advice into consideration.

I do suggest reading over the intellectual property policy located here so you can understand the violation itself. A copyright complaint is centered around works of authorship. There is also the useful copyright FAQ page here. What aspect of your item or listing to you think is infringing on this?

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Seller_0y68g81W1btGn
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i would also like to make note that, in order to appeal, i am required to provide my personal information in the event that i were to get sued. Would providing amazon with such information be required or can i simply choose to ignore this appeal and complaint altogether?

I do not suggest simply ignoring the violation. In regards to the submission screen you can see, this is the DMCA counter-notice form. This is utilized to essentially say you have removed the infringing data or the item is not infringing in any way, shape, or form. If you feel strongly your listing is not infringing, you are free to submit the DMCA counter-notice. I urge you to look over the procedure for submitting a counter-notice pursuant to the DMCA as well as do further research on possible legal ramifications of submitting this form.

Unaddressed policy violations, especially when they are repeat violations, are less likely to fall off the account health page after 180 days and require immediate attention. You will want to maintain a healthy Account Health Rating. If you have further questions on this program, please visit this page.

Please feel free to ask further questions and update this thread with any progress made, as the forums community and i are here to support you.

All the best,

Stevie

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Seller_LImVvUWeyiCfQ
In reply to: Seller_0y68g81W1btGn's post

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Stevie_Amazon
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If you feel strongly your listing is infringing,
This post has been updated by its author since it was quoted here.

@Stevie_Amazon I believe you meant to say isn't infringing rather than is infringing.

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Seller_52pUzzgnsLDGs
In reply to: Seller_0y68g81W1btGn's post

You were allowed to list because Amazon trusted you and believed you had proper paperwork and permissions. Then they found out you didn't.

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Seller_Iz9HKhBiLb2HC
In reply to: Seller_0y68g81W1btGn's post

You've had 247 product policy violations?

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Seller_Etedb4FUvUJhq
In reply to: Seller_0y68g81W1btGn's post

Usually in this scenario the brand will place a test order, and check the product for authenticity. If you knowingly or unknowingly bought a knockoff, and are selling it as authentic, this is what happens. Its YOUR responsibility to be 100% certain the items you sell are authentic, and if they are not, you will shoulder the consequences of that. If I were you, I would delete the listing, acknowledge your mistake, and move on.

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