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Seller_rYyn9W4xpuf3l

Account suspended after 10 years as stellar seller averaging 2m per year

Hello there and thanks for your time. Our account tacoma_goodwill has been suspended. It appears that the root cause is due to a Michelle Shocked IP complaint that went unanswered. However since then we have been denied appeal because “our appeal did not address the original complaint.” below is the most recent response.

Hello,

Thank you for your concern, but we cannot accept your appeal because it does not address the claim we received. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

– legal@{redacted}

– Proof of product authenticity (e.g., invoice or Order ID). Please ensure that your proof of authenticity includes an invoice or order ID. It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

Your plan of action is missing the following information:
– The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
– What you have done to ensure you are no longer selling infringing content.
– How you plan on preventing the sale of infringing content in the future.
– Any other pertinent information.

ASIN: 1476764689
Complaint ID: 6016877631
Infringement: Trademark

If you believe an error took place, please send an explanation and supporting information to notice-dispute@amazon.com.

You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

You can learn more about your account health in the Performance section of Seller Central (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa).

Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com

Here is the funny thing…Franklin Covey never made that complaint. They have no record of it. They had retracted a different complaint covering our affected ASIN. After contacting Franklin Covey (they were very helpful) they retracted this new complaint and still no word from Amazon.

Second root cause:

**We attempted to resolve the Michelle shocked complaint, but outside of the notification in our account health dashboard (which does not give us a complaint id or rights owner) there were no performance notifications received.

While trying to appeal our suspension each response is met either by the robo “further detail” response or we are given a complaint ID of which we have no record.

As of now, we have appealed 6 separate notifications

Our first record of any complaint ID or Rights owner to contact was given on March 31st AFTER our account was suspended

Has anyone else been stuck in a vicious cycle of zombie complaint IDS?

Oh yeah, our account maintained prior to this, one of the best used book/media selling accounts on Amazon

100% on time shippint, 99.97% valide tracking, 4.9 stars etc…

Any help would be appreciated.

Have already emailed seller-evaluation, and jeff@amazon.com**

(edit by Oneida)

1.9K views
90 replies
Tags:ASIN, Listings
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user profile
Seller_rYyn9W4xpuf3l

Account suspended after 10 years as stellar seller averaging 2m per year

Hello there and thanks for your time. Our account tacoma_goodwill has been suspended. It appears that the root cause is due to a Michelle Shocked IP complaint that went unanswered. However since then we have been denied appeal because “our appeal did not address the original complaint.” below is the most recent response.

Hello,

Thank you for your concern, but we cannot accept your appeal because it does not address the claim we received. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

– legal@{redacted}

– Proof of product authenticity (e.g., invoice or Order ID). Please ensure that your proof of authenticity includes an invoice or order ID. It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

Your plan of action is missing the following information:
– The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
– What you have done to ensure you are no longer selling infringing content.
– How you plan on preventing the sale of infringing content in the future.
– Any other pertinent information.

ASIN: 1476764689
Complaint ID: 6016877631
Infringement: Trademark

If you believe an error took place, please send an explanation and supporting information to notice-dispute@amazon.com.

You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

You can learn more about your account health in the Performance section of Seller Central (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa).

Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com

Here is the funny thing…Franklin Covey never made that complaint. They have no record of it. They had retracted a different complaint covering our affected ASIN. After contacting Franklin Covey (they were very helpful) they retracted this new complaint and still no word from Amazon.

Second root cause:

**We attempted to resolve the Michelle shocked complaint, but outside of the notification in our account health dashboard (which does not give us a complaint id or rights owner) there were no performance notifications received.

While trying to appeal our suspension each response is met either by the robo “further detail” response or we are given a complaint ID of which we have no record.

As of now, we have appealed 6 separate notifications

Our first record of any complaint ID or Rights owner to contact was given on March 31st AFTER our account was suspended

Has anyone else been stuck in a vicious cycle of zombie complaint IDS?

Oh yeah, our account maintained prior to this, one of the best used book/media selling accounts on Amazon

100% on time shippint, 99.97% valide tracking, 4.9 stars etc…

Any help would be appreciated.

Have already emailed seller-evaluation, and jeff@amazon.com**

(edit by Oneida)

1.9K views
90 replies
Tags:ASIN, Listings
20
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0 replies
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Seller_ZDGgATBGegBqy

You are not the only one. See

If I had this problem, I would be suing Miss Shocked for tortious interference. You probably have the resources to do it.

140
user profile
Seller_rYyn9W4xpuf3l

Thanks RMS, I used that topic to create the counter notification. I am most concerned about the lack of complaint ID and the current endless new complaint IDs being generated out of thin air.

20
user profile
Seller_3N7yVnTXPzLkL

I did not think that Michelle Shocked was using Franklin Covey.

Are you pursuing the wrong villain? Is it impacting your appeal?

10
user profile
Seller_awYU0oH8skccg

You must be selling a lot of new stuff to trigger a complain…And You’re big enough to be noticed? I assume 2m is Million not Thousand…:grin: :sunglasses:

Apparently you’re big enough to have a Lawyer…I’d contact them ASAP

00
user profile
Seller_0IDPUgBsNa35F

We had this happen to us back in 2016. It was quickly rectified once Amazon concluded it wasn’t a legitimate complaint.

Filing fake IP claims is a tactic. Sounds like one of your competitiors may have filed it.

10
user profile
Seller_nvPWGullEqCs1

You are the Goodwill of Tacoma, and there is a complaint even though you sell as used?

Mind Blown.

40
user profile
Seller_rYyn9W4xpuf3l

**Here is the history:

I will start with: on November 25th. We saw on our Dashboard that 2 ASINs (michelle shocked) were remeoved due to "infringement"

No record of a performance notification. On November 25th We appealed the notification from our dashboard requesting Complaint ID and Rights owner. We also contacted seller support and our question was marked “answered” no communication from Amazon regarding our appeal.

On March 28th 2019 we were called by “xxx” at Amazon and scolded and told our account was in jeopardy of being shut down. We explained that the listings were removed and blacklisted and that we had been trying to get a complaint number and rights owner to contact. We were advised to appeal the notification asking for the Complaint ID and Rights owner again so we did on March 28th.

****On March 30th we received the following

My comments are in BOLD****

Hello,

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:

Notice one:
– Date: 11/24/2018

– ASIN: B0000033VL
B000001FOH

– Name of Rights Owner: account@michelleshocked.com

– Infringement Type: Copyright

How do I reactivate my account?
To reactivate your account, please send us the following information:
– 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.

How do I send this information?
Please submit your plan and supporting product documentation by responding to this email from your case log in Seller Central (https://sellercentral.amazon.com/cu/case-lobby).

We’re here to help.
Amazon does not allow listings that violate the intellectual property rights of brands or rights owners. To learn more, please review Amazon’s Intellectual Property Policy (https://sellercentral.amazon.com/gp/help/201361070).
Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com

PLEASE NOTICE THAT THE SUSPENSION HAS NO COMPLAINT NUMBER!!!
We Filed the appeal to our Suspension on March 31st below

The root cause of the issue
Thank you again for allowing me the opportunity to respond to issues with our account related to intellectual property infringement.

What happened:
• An infringement complaint was received for ASIN’s B0000033VL & B000001FOH on 11/25/2018 and went unanswered due to Performance Notifications detailing with this infringement complaints not appearing in our account which had led to the confusion of who the rights owner to contact and the complaint ID.

The actions you have taken to resolve the issue
Actions taken to resolve:
• We have removed all listings from our store and deleted the ASIN’s from our inventory which have received complaints.
• We have reviewed our Amazon account and inventory to make sure our listings are fully compliant with Amazon policies and guidelines, especially the ones regarding trademark and intellectual property.

The steps you have taken to prevent the issue going forward
• All sourced product will be verified prior to listing to ensure they do not violate anyone’s intellectual property or trademark.
• Amazon policies will continue to be read to make sure we are not in violation of any rules. I will also watch for any change of policies and be proactive if it could affect our account.

On April 8th we received this response

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. Please send this information, any other documentation, and a list of impacted ASINs to notice-dispute@amazon.com.

– Greater detail on the root cause(s) of the infringement.
– Greater detail on the actions you have taken to resolve POLICY issues.
– Greater detail on the steps you have taken to prevent infringement going forward.
– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information, the listing will remain removed and your account could be deactivated.
Has your listing been deactivated in error?

If you believe there has been an error, please tell us why. Your explanation should include the following information:

– How your listing(s) have not violated the brand’s intellectual property.

ASIN: B000001FOH B0000033VL
Complaint ID: 5936131061

You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

You can view your account performance (https://sellercentral.amazon.com/performance/dashboard?reftag=email_appeal) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing against the performance metrics and policies required to sell on Amazon.

FINALLY a complaint ID!!! We immediately emailed Account@Michelle shocked and she retracted the complaint
no response from seller-performance

This is when I emailed Jeff around April 12th asking for help
I received the following performance notification on April 17th

Hello,

My name is Prahlad, and I’m a member of the Amazon Seller Performance Escalations team. Jeff Bezos received your email and I am responding on his behalf.

We reviewed your account and the information you provided, and we have decided that you may not sell on Amazon.com. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

Email: Michael.Bentkover@warnerbros.com, chui-yee.c@shakespearesglobe.com,

– Proof of product authenticity (e.g., invoice, Order ID or letter of authorization). It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

– Greater detail on evidence or examples that demonstrate that your account has complied with our policy.
Please ship any open orders. This usually takes about 90 days, but funds may be held longer. Depending on your account status and activities, you may be required to complete an additional review before funds can be released. Amazon may withhold payments if we determine that your account was used to sell inauthentic or prohibited goods, commit fraud, or engage in other illegal or abusive activity.

Okay, this is REALLY weird. There is no complaint ID associated with either emails given and no record of those complaints in our system or account health

on 4/18 I emailed notice-dispute asking for clarification

Please provide clarification. We received the response from Prahlad today, but the Rights owner listed does not match the notice and reason for suspension. The rights owner who filed the IP claim is Michelle Shocked. Michelle Shocked did respond to Notice-dispute retracting the IP claim. Since that time our agency has emailed Notice-dispute twice with action plans and documentation. There has been no response to those emails. Our account was suspended before we were given a complaint ID or rights owner information. Once given that information during the appeal process, the rights owner did indeed contact notice-dispute and retract the complaint. The email addresses below are not associated with the complaint. Please help and/or provide guidance.

_Below is complaint ID which lead to the account suspension, and the email received today which does not reference that complaint. _

Complaint ID: 5936131061
Name of Rights Owner: account@michelleshocked.com
– ASIN: B0000033VL, B000001FOH

My response from Seller-performance on 4/20 to the above email was:

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. Please send this information, any other documentation, and a list of impacted ASINs to notice-dispute@amazon.com.

– Greater detail on the root cause(s) of the infringement.
– Greater detail on the actions you have taken to resolve issues.
– Greater detail on the steps you have taken to prevent infringement going forward.
– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information within 17 days of the original suspension notification, your account will remain deactivated.

If you believe there has been an error, please tell us why. Your explanation should include the following information:

– How your listing(s) have not violated the brand’s intellectual property.

ASIN: B003WEAW18 (confirmed cft ) B007LNBSU0 , B007CJL17S

Complaint ID: 5982191261

HOLY HECK BATMAN!!! These ASINs and complaint IDs are NOWHERE in our notifications or account health!!!

We immediately deleted and Blacklisted those ASINs just to be safe

On 4/22 I appealed the above withthe following to notice-dispute:

__The denial for complaint id#5936131061 received from Notice-dispute on April 20, 2019 did not reference the original claim. It referenced complaint id#5982191261. This ID is not associated with our complaint. The ASINs referenced were not listed by our agency. This denial is in error.

On 4/24 the response given to the above email was:

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Greater detail on the root cause(s) of the infringement.

– Greater detail on the actions you have taken to resolve issues.

– Greater detail on the steps you have taken to prevent infringement going forward.

– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information within 17 days of the original suspension notification, your account will remain deactivated.

ASIN: B000001FOH B0000033VL
Complaint ID: 5991608911

**Okay now we are back to Michelle Shocked but with a new complaint ID

We asked Michelle to retract the new ID but she was apparently mad at Amazon and told us she would as soon as Amazon removed like 26 different ASINs

So we filed a Counter Notice following the guidance in the forums (thanks!) and received confirmation that it was sent to Michelle on 4/26**

At this point we have been under suspension for a month and have lost over 160k in revenue

On Monday 4/29 we filed the following appeal

Please reinstate seller account tacoma_goodwill

The Complaint ID 5991608911 is in dispute and tacoma_goodwill believes in good faith that the complaint will be removed as well as a good faith believe that the material in question is protected under the fair use act when selling used/donated goods.

We take this complaint very seriously and even though the complaint is in dispute we accept FULL responsibility for selling products that fully comply with amazon.com selling policies. Please see below our Plan of Action (POA)

• Root Cause:
• tacoma_goodwill did not respond to a complaint of intellectual property infringement in a timely fashion
• tacoma_goodwill listed ASIN B0000033VL B000001FOH prior to the IP Complaint with Amazon
• tacoma_goodwill did not contact the Rights holder in a timely fashion
Account@michelleshocked.com began filing claims regarding their IP to many sellers which we believe in good faith are not valid

• What has been done to address this problem:
• We have removed B0000033VL and B000001FOH from our store and deleted the ASIN’s from our inventory. They will never be listed again!
• We have removed all other ASINs associated with account@michelleshocked.com from our inventory and blacklisted all ASINs from that artist to prevent listing any of that artists IP in the future.
• We contacted account@michelleshocked.com to attempt to resolve the matter.
• We have filed counter notice (attached)
• We have reviewed our ENTIRE Amazon account and inventory to ensure our listings are fully compliant with Amazon policies and guidelines, especially the ones regarding trademark and intellectual property.

• What will be done to prevent similar complaints in the future:
• ALL sourced product will be verified prior to listing to ensure none violate anyone’s intellectual property or trademark. USPTO’s Trademark Electronic Search System (TESS) will be used for verification.
• Using the Above system, all IP potential issues will be immediately Removed from inventory and Blacklisted to ensure they are not listed in the future.
• The job description of E-Commerce manager, Customer Service, and seller have been modified to include daily review of potential Intellectual property Claims. Those ASINs will be proactively removed from inventory and Blacklisted.
_• An additional five days from listing to activation on Amazon will be implemented. This will ensure intellectual property or trademarks have not been violated and give a window for review. _
• A “Black List” has been instituted to alert of any product previously found to be a Copyright Infringement so as to avoid listing.
_• Amazon policies will continue to be read to ensure we are not in violation of any rules. We will be proactive to all Amazon policy changes. _
• If we see and IP violation in the future with NO claim number or IP owner contact information, we will PROACTIVELY reach out to Seller Performance to get those critically needed pieces of information.

Thank you for your consideration. We take full responsibility for ensuring no violation happens in the future.

Please reinstate tacoma_goodwill selling priviledges.

On 4/30 the response we received was:

Hello,

Thank you for your concern, but we cannot accept your appeal because it does not address the claim we received. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

legal@franklincovey.com

– Proof of product authenticity (e.g., invoice or Order ID). Please ensure that your proof of authenticity includes an invoice or order ID. It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

Your plan of action is missing the following information:
– The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
– What you have done to ensure you are no longer selling infringing content.
– How you plan on preventing the sale of infringing content in the future.
– Any other pertinent information.

ASIN: 1476764689
Complaint ID: 6016877631
Infringement: Trademark

If you believe an error took place, please send an explanation and supporting information to notice-dispute@amazon.com.

WHAT?!?!?!? Couple things to say here
1. We have again received no notification of this complaint ID
2. We called Franklin Covey and THEY have no record of filing this complaint
3. The ASIN listed was part of a different complaint which Franklin Covey RETRACTED ACROSS ALL SELLERS

Franklin Covey RETRACTED the complaint number listed and escalated the issue and copied me on the email dated April 30. They said they expected to get a response in 12-24 hours…no response

5/2 we emailed notice-dispute

Complaint I.D. 6016877631
ASIN: 1476764689

Dear Amazon.com

_We are responding to notification received April 30, 2019. _

We believe in good faith that complaint ID 6016877631 is in error.

ASIN 1476764689 was retracted by legal@franklincovey.com. The ASIN was reinstated. This is seen in our account tacoma_goodwill in performance notification dated March 28 2019. The complaint I.D. that was given was 5831472781.

legal@franklincovey.com emailed notice-dispute@amazon.com on April 30, 2019 stating that they retract complaint number 6016877631 They further state and escalated a complaint because they have no record of filing that complaint.

There was no trademark infringement. All complaints issued by legal@frankincovey.com regarding ASIN 1476764689 and seller tacoma_goodwill have been retracted.

_Please reinstate account tacoma_goodwill immediately. _

I am providing my contact phone number and wish to be called regarding this matter.

My phone number is

I am on pins and needles waiting for the response
We need this resolved as we rely on our book/media revenue sold on Amazon to fund a great many educational programs here at our local Goodwill.

70
user profile
Seller_cu1Lr54OxusWw

It sounds like you have several different complaints that need addressing.

I have posted about this before … and been told it never happens (correction, “in her experience” so it must never happen) by @AngelicPretty … but you are a classic example.

Not every notice will appear in Performance Notices. It is getting better but there have been notices that were emailed that never were recorded, or record IP Complaints (showing up in the AHD) that had no notices.

(I’m still reading your last post …)

30
user profile
Seller_DZ1maDmp7Xt2o

If you do not get your account back, I would contact one of the local reporters that might be a little bit more friendly to the fact that Goodwill does a lot of Goodwill and funds programs for people to get ahead and on with their lives and explain – about --Michele Shocken… cool – let’s put it mildly probably have some personal issues, and God knows what other interesting psychological issues & she is now shut down with her nastiness, programs that benefited the least fortunate folks in your area…

You may even have – legal help step up to give you a hand and go after damages recovering — the loss of income, that benefit at all those folks and those programs that are now gone South… unfaltering because of lack of stable funding, it’s hard enough to get some of these things rolling, there’s a credible amount of organizational skills just to get them started and then you need funding to keep them going…

Depends on the reporter and how you are able to work with them…

30
user profile
Seller_49pAMBSPEe6HX

@tacoma_goodwill I think eventually your account will be reinstated. That said, Amazon does not seem to me to be the best selling platform for the type of goods you typically sell. I would consider opting for other less stressful platforms going forward. But it is your call.

20
user profile
Seller_rYyn9W4xpuf3l

Account suspended after 10 years as stellar seller averaging 2m per year

Hello there and thanks for your time. Our account tacoma_goodwill has been suspended. It appears that the root cause is due to a Michelle Shocked IP complaint that went unanswered. However since then we have been denied appeal because “our appeal did not address the original complaint.” below is the most recent response.

Hello,

Thank you for your concern, but we cannot accept your appeal because it does not address the claim we received. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

– legal@{redacted}

– Proof of product authenticity (e.g., invoice or Order ID). Please ensure that your proof of authenticity includes an invoice or order ID. It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

Your plan of action is missing the following information:
– The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
– What you have done to ensure you are no longer selling infringing content.
– How you plan on preventing the sale of infringing content in the future.
– Any other pertinent information.

ASIN: 1476764689
Complaint ID: 6016877631
Infringement: Trademark

If you believe an error took place, please send an explanation and supporting information to notice-dispute@amazon.com.

You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

You can learn more about your account health in the Performance section of Seller Central (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa).

Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com

Here is the funny thing…Franklin Covey never made that complaint. They have no record of it. They had retracted a different complaint covering our affected ASIN. After contacting Franklin Covey (they were very helpful) they retracted this new complaint and still no word from Amazon.

Second root cause:

**We attempted to resolve the Michelle shocked complaint, but outside of the notification in our account health dashboard (which does not give us a complaint id or rights owner) there were no performance notifications received.

While trying to appeal our suspension each response is met either by the robo “further detail” response or we are given a complaint ID of which we have no record.

As of now, we have appealed 6 separate notifications

Our first record of any complaint ID or Rights owner to contact was given on March 31st AFTER our account was suspended

Has anyone else been stuck in a vicious cycle of zombie complaint IDS?

Oh yeah, our account maintained prior to this, one of the best used book/media selling accounts on Amazon

100% on time shippint, 99.97% valide tracking, 4.9 stars etc…

Any help would be appreciated.

Have already emailed seller-evaluation, and jeff@amazon.com**

(edit by Oneida)

1.9K views
90 replies
Tags:ASIN, Listings
20
Reply
user profile
Seller_rYyn9W4xpuf3l

Account suspended after 10 years as stellar seller averaging 2m per year

Hello there and thanks for your time. Our account tacoma_goodwill has been suspended. It appears that the root cause is due to a Michelle Shocked IP complaint that went unanswered. However since then we have been denied appeal because “our appeal did not address the original complaint.” below is the most recent response.

Hello,

Thank you for your concern, but we cannot accept your appeal because it does not address the claim we received. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

– legal@{redacted}

– Proof of product authenticity (e.g., invoice or Order ID). Please ensure that your proof of authenticity includes an invoice or order ID. It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

Your plan of action is missing the following information:
– The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
– What you have done to ensure you are no longer selling infringing content.
– How you plan on preventing the sale of infringing content in the future.
– Any other pertinent information.

ASIN: 1476764689
Complaint ID: 6016877631
Infringement: Trademark

If you believe an error took place, please send an explanation and supporting information to notice-dispute@amazon.com.

You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

You can learn more about your account health in the Performance section of Seller Central (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa).

Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com

Here is the funny thing…Franklin Covey never made that complaint. They have no record of it. They had retracted a different complaint covering our affected ASIN. After contacting Franklin Covey (they were very helpful) they retracted this new complaint and still no word from Amazon.

Second root cause:

**We attempted to resolve the Michelle shocked complaint, but outside of the notification in our account health dashboard (which does not give us a complaint id or rights owner) there were no performance notifications received.

While trying to appeal our suspension each response is met either by the robo “further detail” response or we are given a complaint ID of which we have no record.

As of now, we have appealed 6 separate notifications

Our first record of any complaint ID or Rights owner to contact was given on March 31st AFTER our account was suspended

Has anyone else been stuck in a vicious cycle of zombie complaint IDS?

Oh yeah, our account maintained prior to this, one of the best used book/media selling accounts on Amazon

100% on time shippint, 99.97% valide tracking, 4.9 stars etc…

Any help would be appreciated.

Have already emailed seller-evaluation, and jeff@amazon.com**

(edit by Oneida)

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Account suspended after 10 years as stellar seller averaging 2m per year

by Seller_rYyn9W4xpuf3l

Hello there and thanks for your time. Our account tacoma_goodwill has been suspended. It appears that the root cause is due to a Michelle Shocked IP complaint that went unanswered. However since then we have been denied appeal because “our appeal did not address the original complaint.” below is the most recent response.

Hello,

Thank you for your concern, but we cannot accept your appeal because it does not address the claim we received. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

– legal@{redacted}

– Proof of product authenticity (e.g., invoice or Order ID). Please ensure that your proof of authenticity includes an invoice or order ID. It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

Your plan of action is missing the following information:
– The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
– What you have done to ensure you are no longer selling infringing content.
– How you plan on preventing the sale of infringing content in the future.
– Any other pertinent information.

ASIN: 1476764689
Complaint ID: 6016877631
Infringement: Trademark

If you believe an error took place, please send an explanation and supporting information to notice-dispute@amazon.com.

You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

You can learn more about your account health in the Performance section of Seller Central (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa).

Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com

Here is the funny thing…Franklin Covey never made that complaint. They have no record of it. They had retracted a different complaint covering our affected ASIN. After contacting Franklin Covey (they were very helpful) they retracted this new complaint and still no word from Amazon.

Second root cause:

**We attempted to resolve the Michelle shocked complaint, but outside of the notification in our account health dashboard (which does not give us a complaint id or rights owner) there were no performance notifications received.

While trying to appeal our suspension each response is met either by the robo “further detail” response or we are given a complaint ID of which we have no record.

As of now, we have appealed 6 separate notifications

Our first record of any complaint ID or Rights owner to contact was given on March 31st AFTER our account was suspended

Has anyone else been stuck in a vicious cycle of zombie complaint IDS?

Oh yeah, our account maintained prior to this, one of the best used book/media selling accounts on Amazon

100% on time shippint, 99.97% valide tracking, 4.9 stars etc…

Any help would be appreciated.

Have already emailed seller-evaluation, and jeff@amazon.com**

(edit by Oneida)

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Seller_ZDGgATBGegBqy

You are not the only one. See

If I had this problem, I would be suing Miss Shocked for tortious interference. You probably have the resources to do it.

140
user profile
Seller_rYyn9W4xpuf3l

Thanks RMS, I used that topic to create the counter notification. I am most concerned about the lack of complaint ID and the current endless new complaint IDs being generated out of thin air.

20
user profile
Seller_3N7yVnTXPzLkL

I did not think that Michelle Shocked was using Franklin Covey.

Are you pursuing the wrong villain? Is it impacting your appeal?

10
user profile
Seller_awYU0oH8skccg

You must be selling a lot of new stuff to trigger a complain…And You’re big enough to be noticed? I assume 2m is Million not Thousand…:grin: :sunglasses:

Apparently you’re big enough to have a Lawyer…I’d contact them ASAP

00
user profile
Seller_0IDPUgBsNa35F

We had this happen to us back in 2016. It was quickly rectified once Amazon concluded it wasn’t a legitimate complaint.

Filing fake IP claims is a tactic. Sounds like one of your competitiors may have filed it.

10
user profile
Seller_nvPWGullEqCs1

You are the Goodwill of Tacoma, and there is a complaint even though you sell as used?

Mind Blown.

40
user profile
Seller_rYyn9W4xpuf3l

**Here is the history:

I will start with: on November 25th. We saw on our Dashboard that 2 ASINs (michelle shocked) were remeoved due to "infringement"

No record of a performance notification. On November 25th We appealed the notification from our dashboard requesting Complaint ID and Rights owner. We also contacted seller support and our question was marked “answered” no communication from Amazon regarding our appeal.

On March 28th 2019 we were called by “xxx” at Amazon and scolded and told our account was in jeopardy of being shut down. We explained that the listings were removed and blacklisted and that we had been trying to get a complaint number and rights owner to contact. We were advised to appeal the notification asking for the Complaint ID and Rights owner again so we did on March 28th.

****On March 30th we received the following

My comments are in BOLD****

Hello,

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:

Notice one:
– Date: 11/24/2018

– ASIN: B0000033VL
B000001FOH

– Name of Rights Owner: account@michelleshocked.com

– Infringement Type: Copyright

How do I reactivate my account?
To reactivate your account, please send us the following information:
– 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.

How do I send this information?
Please submit your plan and supporting product documentation by responding to this email from your case log in Seller Central (https://sellercentral.amazon.com/cu/case-lobby).

We’re here to help.
Amazon does not allow listings that violate the intellectual property rights of brands or rights owners. To learn more, please review Amazon’s Intellectual Property Policy (https://sellercentral.amazon.com/gp/help/201361070).
Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com

PLEASE NOTICE THAT THE SUSPENSION HAS NO COMPLAINT NUMBER!!!
We Filed the appeal to our Suspension on March 31st below

The root cause of the issue
Thank you again for allowing me the opportunity to respond to issues with our account related to intellectual property infringement.

What happened:
• An infringement complaint was received for ASIN’s B0000033VL & B000001FOH on 11/25/2018 and went unanswered due to Performance Notifications detailing with this infringement complaints not appearing in our account which had led to the confusion of who the rights owner to contact and the complaint ID.

The actions you have taken to resolve the issue
Actions taken to resolve:
• We have removed all listings from our store and deleted the ASIN’s from our inventory which have received complaints.
• We have reviewed our Amazon account and inventory to make sure our listings are fully compliant with Amazon policies and guidelines, especially the ones regarding trademark and intellectual property.

The steps you have taken to prevent the issue going forward
• All sourced product will be verified prior to listing to ensure they do not violate anyone’s intellectual property or trademark.
• Amazon policies will continue to be read to make sure we are not in violation of any rules. I will also watch for any change of policies and be proactive if it could affect our account.

On April 8th we received this response

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. Please send this information, any other documentation, and a list of impacted ASINs to notice-dispute@amazon.com.

– Greater detail on the root cause(s) of the infringement.
– Greater detail on the actions you have taken to resolve POLICY issues.
– Greater detail on the steps you have taken to prevent infringement going forward.
– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information, the listing will remain removed and your account could be deactivated.
Has your listing been deactivated in error?

If you believe there has been an error, please tell us why. Your explanation should include the following information:

– How your listing(s) have not violated the brand’s intellectual property.

ASIN: B000001FOH B0000033VL
Complaint ID: 5936131061

You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

You can view your account performance (https://sellercentral.amazon.com/performance/dashboard?reftag=email_appeal) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing against the performance metrics and policies required to sell on Amazon.

FINALLY a complaint ID!!! We immediately emailed Account@Michelle shocked and she retracted the complaint
no response from seller-performance

This is when I emailed Jeff around April 12th asking for help
I received the following performance notification on April 17th

Hello,

My name is Prahlad, and I’m a member of the Amazon Seller Performance Escalations team. Jeff Bezos received your email and I am responding on his behalf.

We reviewed your account and the information you provided, and we have decided that you may not sell on Amazon.com. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

Email: Michael.Bentkover@warnerbros.com, chui-yee.c@shakespearesglobe.com,

– Proof of product authenticity (e.g., invoice, Order ID or letter of authorization). It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

– Greater detail on evidence or examples that demonstrate that your account has complied with our policy.
Please ship any open orders. This usually takes about 90 days, but funds may be held longer. Depending on your account status and activities, you may be required to complete an additional review before funds can be released. Amazon may withhold payments if we determine that your account was used to sell inauthentic or prohibited goods, commit fraud, or engage in other illegal or abusive activity.

Okay, this is REALLY weird. There is no complaint ID associated with either emails given and no record of those complaints in our system or account health

on 4/18 I emailed notice-dispute asking for clarification

Please provide clarification. We received the response from Prahlad today, but the Rights owner listed does not match the notice and reason for suspension. The rights owner who filed the IP claim is Michelle Shocked. Michelle Shocked did respond to Notice-dispute retracting the IP claim. Since that time our agency has emailed Notice-dispute twice with action plans and documentation. There has been no response to those emails. Our account was suspended before we were given a complaint ID or rights owner information. Once given that information during the appeal process, the rights owner did indeed contact notice-dispute and retract the complaint. The email addresses below are not associated with the complaint. Please help and/or provide guidance.

_Below is complaint ID which lead to the account suspension, and the email received today which does not reference that complaint. _

Complaint ID: 5936131061
Name of Rights Owner: account@michelleshocked.com
– ASIN: B0000033VL, B000001FOH

My response from Seller-performance on 4/20 to the above email was:

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. Please send this information, any other documentation, and a list of impacted ASINs to notice-dispute@amazon.com.

– Greater detail on the root cause(s) of the infringement.
– Greater detail on the actions you have taken to resolve issues.
– Greater detail on the steps you have taken to prevent infringement going forward.
– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information within 17 days of the original suspension notification, your account will remain deactivated.

If you believe there has been an error, please tell us why. Your explanation should include the following information:

– How your listing(s) have not violated the brand’s intellectual property.

ASIN: B003WEAW18 (confirmed cft ) B007LNBSU0 , B007CJL17S

Complaint ID: 5982191261

HOLY HECK BATMAN!!! These ASINs and complaint IDs are NOWHERE in our notifications or account health!!!

We immediately deleted and Blacklisted those ASINs just to be safe

On 4/22 I appealed the above withthe following to notice-dispute:

__The denial for complaint id#5936131061 received from Notice-dispute on April 20, 2019 did not reference the original claim. It referenced complaint id#5982191261. This ID is not associated with our complaint. The ASINs referenced were not listed by our agency. This denial is in error.

On 4/24 the response given to the above email was:

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Greater detail on the root cause(s) of the infringement.

– Greater detail on the actions you have taken to resolve issues.

– Greater detail on the steps you have taken to prevent infringement going forward.

– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information within 17 days of the original suspension notification, your account will remain deactivated.

ASIN: B000001FOH B0000033VL
Complaint ID: 5991608911

**Okay now we are back to Michelle Shocked but with a new complaint ID

We asked Michelle to retract the new ID but she was apparently mad at Amazon and told us she would as soon as Amazon removed like 26 different ASINs

So we filed a Counter Notice following the guidance in the forums (thanks!) and received confirmation that it was sent to Michelle on 4/26**

At this point we have been under suspension for a month and have lost over 160k in revenue

On Monday 4/29 we filed the following appeal

Please reinstate seller account tacoma_goodwill

The Complaint ID 5991608911 is in dispute and tacoma_goodwill believes in good faith that the complaint will be removed as well as a good faith believe that the material in question is protected under the fair use act when selling used/donated goods.

We take this complaint very seriously and even though the complaint is in dispute we accept FULL responsibility for selling products that fully comply with amazon.com selling policies. Please see below our Plan of Action (POA)

• Root Cause:
• tacoma_goodwill did not respond to a complaint of intellectual property infringement in a timely fashion
• tacoma_goodwill listed ASIN B0000033VL B000001FOH prior to the IP Complaint with Amazon
• tacoma_goodwill did not contact the Rights holder in a timely fashion
Account@michelleshocked.com began filing claims regarding their IP to many sellers which we believe in good faith are not valid

• What has been done to address this problem:
• We have removed B0000033VL and B000001FOH from our store and deleted the ASIN’s from our inventory. They will never be listed again!
• We have removed all other ASINs associated with account@michelleshocked.com from our inventory and blacklisted all ASINs from that artist to prevent listing any of that artists IP in the future.
• We contacted account@michelleshocked.com to attempt to resolve the matter.
• We have filed counter notice (attached)
• We have reviewed our ENTIRE Amazon account and inventory to ensure our listings are fully compliant with Amazon policies and guidelines, especially the ones regarding trademark and intellectual property.

• What will be done to prevent similar complaints in the future:
• ALL sourced product will be verified prior to listing to ensure none violate anyone’s intellectual property or trademark. USPTO’s Trademark Electronic Search System (TESS) will be used for verification.
• Using the Above system, all IP potential issues will be immediately Removed from inventory and Blacklisted to ensure they are not listed in the future.
• The job description of E-Commerce manager, Customer Service, and seller have been modified to include daily review of potential Intellectual property Claims. Those ASINs will be proactively removed from inventory and Blacklisted.
_• An additional five days from listing to activation on Amazon will be implemented. This will ensure intellectual property or trademarks have not been violated and give a window for review. _
• A “Black List” has been instituted to alert of any product previously found to be a Copyright Infringement so as to avoid listing.
_• Amazon policies will continue to be read to ensure we are not in violation of any rules. We will be proactive to all Amazon policy changes. _
• If we see and IP violation in the future with NO claim number or IP owner contact information, we will PROACTIVELY reach out to Seller Performance to get those critically needed pieces of information.

Thank you for your consideration. We take full responsibility for ensuring no violation happens in the future.

Please reinstate tacoma_goodwill selling priviledges.

On 4/30 the response we received was:

Hello,

Thank you for your concern, but we cannot accept your appeal because it does not address the claim we received. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

legal@franklincovey.com

– Proof of product authenticity (e.g., invoice or Order ID). Please ensure that your proof of authenticity includes an invoice or order ID. It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

Your plan of action is missing the following information:
– The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
– What you have done to ensure you are no longer selling infringing content.
– How you plan on preventing the sale of infringing content in the future.
– Any other pertinent information.

ASIN: 1476764689
Complaint ID: 6016877631
Infringement: Trademark

If you believe an error took place, please send an explanation and supporting information to notice-dispute@amazon.com.

WHAT?!?!?!? Couple things to say here
1. We have again received no notification of this complaint ID
2. We called Franklin Covey and THEY have no record of filing this complaint
3. The ASIN listed was part of a different complaint which Franklin Covey RETRACTED ACROSS ALL SELLERS

Franklin Covey RETRACTED the complaint number listed and escalated the issue and copied me on the email dated April 30. They said they expected to get a response in 12-24 hours…no response

5/2 we emailed notice-dispute

Complaint I.D. 6016877631
ASIN: 1476764689

Dear Amazon.com

_We are responding to notification received April 30, 2019. _

We believe in good faith that complaint ID 6016877631 is in error.

ASIN 1476764689 was retracted by legal@franklincovey.com. The ASIN was reinstated. This is seen in our account tacoma_goodwill in performance notification dated March 28 2019. The complaint I.D. that was given was 5831472781.

legal@franklincovey.com emailed notice-dispute@amazon.com on April 30, 2019 stating that they retract complaint number 6016877631 They further state and escalated a complaint because they have no record of filing that complaint.

There was no trademark infringement. All complaints issued by legal@frankincovey.com regarding ASIN 1476764689 and seller tacoma_goodwill have been retracted.

_Please reinstate account tacoma_goodwill immediately. _

I am providing my contact phone number and wish to be called regarding this matter.

My phone number is

I am on pins and needles waiting for the response
We need this resolved as we rely on our book/media revenue sold on Amazon to fund a great many educational programs here at our local Goodwill.

70
user profile
Seller_cu1Lr54OxusWw

It sounds like you have several different complaints that need addressing.

I have posted about this before … and been told it never happens (correction, “in her experience” so it must never happen) by @AngelicPretty … but you are a classic example.

Not every notice will appear in Performance Notices. It is getting better but there have been notices that were emailed that never were recorded, or record IP Complaints (showing up in the AHD) that had no notices.

(I’m still reading your last post …)

30
user profile
Seller_DZ1maDmp7Xt2o

If you do not get your account back, I would contact one of the local reporters that might be a little bit more friendly to the fact that Goodwill does a lot of Goodwill and funds programs for people to get ahead and on with their lives and explain – about --Michele Shocken… cool – let’s put it mildly probably have some personal issues, and God knows what other interesting psychological issues & she is now shut down with her nastiness, programs that benefited the least fortunate folks in your area…

You may even have – legal help step up to give you a hand and go after damages recovering — the loss of income, that benefit at all those folks and those programs that are now gone South… unfaltering because of lack of stable funding, it’s hard enough to get some of these things rolling, there’s a credible amount of organizational skills just to get them started and then you need funding to keep them going…

Depends on the reporter and how you are able to work with them…

30
user profile
Seller_49pAMBSPEe6HX

@tacoma_goodwill I think eventually your account will be reinstated. That said, Amazon does not seem to me to be the best selling platform for the type of goods you typically sell. I would consider opting for other less stressful platforms going forward. But it is your call.

20
user profile
Seller_ZDGgATBGegBqy

You are not the only one. See

If I had this problem, I would be suing Miss Shocked for tortious interference. You probably have the resources to do it.

140
user profile
Seller_ZDGgATBGegBqy

You are not the only one. See

If I had this problem, I would be suing Miss Shocked for tortious interference. You probably have the resources to do it.

140
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user profile
Seller_rYyn9W4xpuf3l

Thanks RMS, I used that topic to create the counter notification. I am most concerned about the lack of complaint ID and the current endless new complaint IDs being generated out of thin air.

20
user profile
Seller_rYyn9W4xpuf3l

Thanks RMS, I used that topic to create the counter notification. I am most concerned about the lack of complaint ID and the current endless new complaint IDs being generated out of thin air.

20
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user profile
Seller_3N7yVnTXPzLkL

I did not think that Michelle Shocked was using Franklin Covey.

Are you pursuing the wrong villain? Is it impacting your appeal?

10
user profile
Seller_3N7yVnTXPzLkL

I did not think that Michelle Shocked was using Franklin Covey.

Are you pursuing the wrong villain? Is it impacting your appeal?

10
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user profile
Seller_awYU0oH8skccg

You must be selling a lot of new stuff to trigger a complain…And You’re big enough to be noticed? I assume 2m is Million not Thousand…:grin: :sunglasses:

Apparently you’re big enough to have a Lawyer…I’d contact them ASAP

00
user profile
Seller_awYU0oH8skccg

You must be selling a lot of new stuff to trigger a complain…And You’re big enough to be noticed? I assume 2m is Million not Thousand…:grin: :sunglasses:

Apparently you’re big enough to have a Lawyer…I’d contact them ASAP

00
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user profile
Seller_0IDPUgBsNa35F

We had this happen to us back in 2016. It was quickly rectified once Amazon concluded it wasn’t a legitimate complaint.

Filing fake IP claims is a tactic. Sounds like one of your competitiors may have filed it.

10
user profile
Seller_0IDPUgBsNa35F

We had this happen to us back in 2016. It was quickly rectified once Amazon concluded it wasn’t a legitimate complaint.

Filing fake IP claims is a tactic. Sounds like one of your competitiors may have filed it.

10
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user profile
Seller_nvPWGullEqCs1

You are the Goodwill of Tacoma, and there is a complaint even though you sell as used?

Mind Blown.

40
user profile
Seller_nvPWGullEqCs1

You are the Goodwill of Tacoma, and there is a complaint even though you sell as used?

Mind Blown.

40
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user profile
Seller_rYyn9W4xpuf3l

**Here is the history:

I will start with: on November 25th. We saw on our Dashboard that 2 ASINs (michelle shocked) were remeoved due to "infringement"

No record of a performance notification. On November 25th We appealed the notification from our dashboard requesting Complaint ID and Rights owner. We also contacted seller support and our question was marked “answered” no communication from Amazon regarding our appeal.

On March 28th 2019 we were called by “xxx” at Amazon and scolded and told our account was in jeopardy of being shut down. We explained that the listings were removed and blacklisted and that we had been trying to get a complaint number and rights owner to contact. We were advised to appeal the notification asking for the Complaint ID and Rights owner again so we did on March 28th.

****On March 30th we received the following

My comments are in BOLD****

Hello,

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:

Notice one:
– Date: 11/24/2018

– ASIN: B0000033VL
B000001FOH

– Name of Rights Owner: account@michelleshocked.com

– Infringement Type: Copyright

How do I reactivate my account?
To reactivate your account, please send us the following information:
– 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.

How do I send this information?
Please submit your plan and supporting product documentation by responding to this email from your case log in Seller Central (https://sellercentral.amazon.com/cu/case-lobby).

We’re here to help.
Amazon does not allow listings that violate the intellectual property rights of brands or rights owners. To learn more, please review Amazon’s Intellectual Property Policy (https://sellercentral.amazon.com/gp/help/201361070).
Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com

PLEASE NOTICE THAT THE SUSPENSION HAS NO COMPLAINT NUMBER!!!
We Filed the appeal to our Suspension on March 31st below

The root cause of the issue
Thank you again for allowing me the opportunity to respond to issues with our account related to intellectual property infringement.

What happened:
• An infringement complaint was received for ASIN’s B0000033VL & B000001FOH on 11/25/2018 and went unanswered due to Performance Notifications detailing with this infringement complaints not appearing in our account which had led to the confusion of who the rights owner to contact and the complaint ID.

The actions you have taken to resolve the issue
Actions taken to resolve:
• We have removed all listings from our store and deleted the ASIN’s from our inventory which have received complaints.
• We have reviewed our Amazon account and inventory to make sure our listings are fully compliant with Amazon policies and guidelines, especially the ones regarding trademark and intellectual property.

The steps you have taken to prevent the issue going forward
• All sourced product will be verified prior to listing to ensure they do not violate anyone’s intellectual property or trademark.
• Amazon policies will continue to be read to make sure we are not in violation of any rules. I will also watch for any change of policies and be proactive if it could affect our account.

On April 8th we received this response

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. Please send this information, any other documentation, and a list of impacted ASINs to notice-dispute@amazon.com.

– Greater detail on the root cause(s) of the infringement.
– Greater detail on the actions you have taken to resolve POLICY issues.
– Greater detail on the steps you have taken to prevent infringement going forward.
– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information, the listing will remain removed and your account could be deactivated.
Has your listing been deactivated in error?

If you believe there has been an error, please tell us why. Your explanation should include the following information:

– How your listing(s) have not violated the brand’s intellectual property.

ASIN: B000001FOH B0000033VL
Complaint ID: 5936131061

You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

You can view your account performance (https://sellercentral.amazon.com/performance/dashboard?reftag=email_appeal) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing against the performance metrics and policies required to sell on Amazon.

FINALLY a complaint ID!!! We immediately emailed Account@Michelle shocked and she retracted the complaint
no response from seller-performance

This is when I emailed Jeff around April 12th asking for help
I received the following performance notification on April 17th

Hello,

My name is Prahlad, and I’m a member of the Amazon Seller Performance Escalations team. Jeff Bezos received your email and I am responding on his behalf.

We reviewed your account and the information you provided, and we have decided that you may not sell on Amazon.com. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

Email: Michael.Bentkover@warnerbros.com, chui-yee.c@shakespearesglobe.com,

– Proof of product authenticity (e.g., invoice, Order ID or letter of authorization). It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

– Greater detail on evidence or examples that demonstrate that your account has complied with our policy.
Please ship any open orders. This usually takes about 90 days, but funds may be held longer. Depending on your account status and activities, you may be required to complete an additional review before funds can be released. Amazon may withhold payments if we determine that your account was used to sell inauthentic or prohibited goods, commit fraud, or engage in other illegal or abusive activity.

Okay, this is REALLY weird. There is no complaint ID associated with either emails given and no record of those complaints in our system or account health

on 4/18 I emailed notice-dispute asking for clarification

Please provide clarification. We received the response from Prahlad today, but the Rights owner listed does not match the notice and reason for suspension. The rights owner who filed the IP claim is Michelle Shocked. Michelle Shocked did respond to Notice-dispute retracting the IP claim. Since that time our agency has emailed Notice-dispute twice with action plans and documentation. There has been no response to those emails. Our account was suspended before we were given a complaint ID or rights owner information. Once given that information during the appeal process, the rights owner did indeed contact notice-dispute and retract the complaint. The email addresses below are not associated with the complaint. Please help and/or provide guidance.

_Below is complaint ID which lead to the account suspension, and the email received today which does not reference that complaint. _

Complaint ID: 5936131061
Name of Rights Owner: account@michelleshocked.com
– ASIN: B0000033VL, B000001FOH

My response from Seller-performance on 4/20 to the above email was:

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. Please send this information, any other documentation, and a list of impacted ASINs to notice-dispute@amazon.com.

– Greater detail on the root cause(s) of the infringement.
– Greater detail on the actions you have taken to resolve issues.
– Greater detail on the steps you have taken to prevent infringement going forward.
– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information within 17 days of the original suspension notification, your account will remain deactivated.

If you believe there has been an error, please tell us why. Your explanation should include the following information:

– How your listing(s) have not violated the brand’s intellectual property.

ASIN: B003WEAW18 (confirmed cft ) B007LNBSU0 , B007CJL17S

Complaint ID: 5982191261

HOLY HECK BATMAN!!! These ASINs and complaint IDs are NOWHERE in our notifications or account health!!!

We immediately deleted and Blacklisted those ASINs just to be safe

On 4/22 I appealed the above withthe following to notice-dispute:

__The denial for complaint id#5936131061 received from Notice-dispute on April 20, 2019 did not reference the original claim. It referenced complaint id#5982191261. This ID is not associated with our complaint. The ASINs referenced were not listed by our agency. This denial is in error.

On 4/24 the response given to the above email was:

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Greater detail on the root cause(s) of the infringement.

– Greater detail on the actions you have taken to resolve issues.

– Greater detail on the steps you have taken to prevent infringement going forward.

– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information within 17 days of the original suspension notification, your account will remain deactivated.

ASIN: B000001FOH B0000033VL
Complaint ID: 5991608911

**Okay now we are back to Michelle Shocked but with a new complaint ID

We asked Michelle to retract the new ID but she was apparently mad at Amazon and told us she would as soon as Amazon removed like 26 different ASINs

So we filed a Counter Notice following the guidance in the forums (thanks!) and received confirmation that it was sent to Michelle on 4/26**

At this point we have been under suspension for a month and have lost over 160k in revenue

On Monday 4/29 we filed the following appeal

Please reinstate seller account tacoma_goodwill

The Complaint ID 5991608911 is in dispute and tacoma_goodwill believes in good faith that the complaint will be removed as well as a good faith believe that the material in question is protected under the fair use act when selling used/donated goods.

We take this complaint very seriously and even though the complaint is in dispute we accept FULL responsibility for selling products that fully comply with amazon.com selling policies. Please see below our Plan of Action (POA)

• Root Cause:
• tacoma_goodwill did not respond to a complaint of intellectual property infringement in a timely fashion
• tacoma_goodwill listed ASIN B0000033VL B000001FOH prior to the IP Complaint with Amazon
• tacoma_goodwill did not contact the Rights holder in a timely fashion
Account@michelleshocked.com began filing claims regarding their IP to many sellers which we believe in good faith are not valid

• What has been done to address this problem:
• We have removed B0000033VL and B000001FOH from our store and deleted the ASIN’s from our inventory. They will never be listed again!
• We have removed all other ASINs associated with account@michelleshocked.com from our inventory and blacklisted all ASINs from that artist to prevent listing any of that artists IP in the future.
• We contacted account@michelleshocked.com to attempt to resolve the matter.
• We have filed counter notice (attached)
• We have reviewed our ENTIRE Amazon account and inventory to ensure our listings are fully compliant with Amazon policies and guidelines, especially the ones regarding trademark and intellectual property.

• What will be done to prevent similar complaints in the future:
• ALL sourced product will be verified prior to listing to ensure none violate anyone’s intellectual property or trademark. USPTO’s Trademark Electronic Search System (TESS) will be used for verification.
• Using the Above system, all IP potential issues will be immediately Removed from inventory and Blacklisted to ensure they are not listed in the future.
• The job description of E-Commerce manager, Customer Service, and seller have been modified to include daily review of potential Intellectual property Claims. Those ASINs will be proactively removed from inventory and Blacklisted.
_• An additional five days from listing to activation on Amazon will be implemented. This will ensure intellectual property or trademarks have not been violated and give a window for review. _
• A “Black List” has been instituted to alert of any product previously found to be a Copyright Infringement so as to avoid listing.
_• Amazon policies will continue to be read to ensure we are not in violation of any rules. We will be proactive to all Amazon policy changes. _
• If we see and IP violation in the future with NO claim number or IP owner contact information, we will PROACTIVELY reach out to Seller Performance to get those critically needed pieces of information.

Thank you for your consideration. We take full responsibility for ensuring no violation happens in the future.

Please reinstate tacoma_goodwill selling priviledges.

On 4/30 the response we received was:

Hello,

Thank you for your concern, but we cannot accept your appeal because it does not address the claim we received. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

legal@franklincovey.com

– Proof of product authenticity (e.g., invoice or Order ID). Please ensure that your proof of authenticity includes an invoice or order ID. It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

Your plan of action is missing the following information:
– The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
– What you have done to ensure you are no longer selling infringing content.
– How you plan on preventing the sale of infringing content in the future.
– Any other pertinent information.

ASIN: 1476764689
Complaint ID: 6016877631
Infringement: Trademark

If you believe an error took place, please send an explanation and supporting information to notice-dispute@amazon.com.

WHAT?!?!?!? Couple things to say here
1. We have again received no notification of this complaint ID
2. We called Franklin Covey and THEY have no record of filing this complaint
3. The ASIN listed was part of a different complaint which Franklin Covey RETRACTED ACROSS ALL SELLERS

Franklin Covey RETRACTED the complaint number listed and escalated the issue and copied me on the email dated April 30. They said they expected to get a response in 12-24 hours…no response

5/2 we emailed notice-dispute

Complaint I.D. 6016877631
ASIN: 1476764689

Dear Amazon.com

_We are responding to notification received April 30, 2019. _

We believe in good faith that complaint ID 6016877631 is in error.

ASIN 1476764689 was retracted by legal@franklincovey.com. The ASIN was reinstated. This is seen in our account tacoma_goodwill in performance notification dated March 28 2019. The complaint I.D. that was given was 5831472781.

legal@franklincovey.com emailed notice-dispute@amazon.com on April 30, 2019 stating that they retract complaint number 6016877631 They further state and escalated a complaint because they have no record of filing that complaint.

There was no trademark infringement. All complaints issued by legal@frankincovey.com regarding ASIN 1476764689 and seller tacoma_goodwill have been retracted.

_Please reinstate account tacoma_goodwill immediately. _

I am providing my contact phone number and wish to be called regarding this matter.

My phone number is

I am on pins and needles waiting for the response
We need this resolved as we rely on our book/media revenue sold on Amazon to fund a great many educational programs here at our local Goodwill.

70
user profile
Seller_rYyn9W4xpuf3l

**Here is the history:

I will start with: on November 25th. We saw on our Dashboard that 2 ASINs (michelle shocked) were remeoved due to "infringement"

No record of a performance notification. On November 25th We appealed the notification from our dashboard requesting Complaint ID and Rights owner. We also contacted seller support and our question was marked “answered” no communication from Amazon regarding our appeal.

On March 28th 2019 we were called by “xxx” at Amazon and scolded and told our account was in jeopardy of being shut down. We explained that the listings were removed and blacklisted and that we had been trying to get a complaint number and rights owner to contact. We were advised to appeal the notification asking for the Complaint ID and Rights owner again so we did on March 28th.

****On March 30th we received the following

My comments are in BOLD****

Hello,

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:

Notice one:
– Date: 11/24/2018

– ASIN: B0000033VL
B000001FOH

– Name of Rights Owner: account@michelleshocked.com

– Infringement Type: Copyright

How do I reactivate my account?
To reactivate your account, please send us the following information:
– 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.

How do I send this information?
Please submit your plan and supporting product documentation by responding to this email from your case log in Seller Central (https://sellercentral.amazon.com/cu/case-lobby).

We’re here to help.
Amazon does not allow listings that violate the intellectual property rights of brands or rights owners. To learn more, please review Amazon’s Intellectual Property Policy (https://sellercentral.amazon.com/gp/help/201361070).
Sincerely,
Seller Performance Team
Amazon.com
http://www.amazon.com

PLEASE NOTICE THAT THE SUSPENSION HAS NO COMPLAINT NUMBER!!!
We Filed the appeal to our Suspension on March 31st below

The root cause of the issue
Thank you again for allowing me the opportunity to respond to issues with our account related to intellectual property infringement.

What happened:
• An infringement complaint was received for ASIN’s B0000033VL & B000001FOH on 11/25/2018 and went unanswered due to Performance Notifications detailing with this infringement complaints not appearing in our account which had led to the confusion of who the rights owner to contact and the complaint ID.

The actions you have taken to resolve the issue
Actions taken to resolve:
• We have removed all listings from our store and deleted the ASIN’s from our inventory which have received complaints.
• We have reviewed our Amazon account and inventory to make sure our listings are fully compliant with Amazon policies and guidelines, especially the ones regarding trademark and intellectual property.

The steps you have taken to prevent the issue going forward
• All sourced product will be verified prior to listing to ensure they do not violate anyone’s intellectual property or trademark.
• Amazon policies will continue to be read to make sure we are not in violation of any rules. I will also watch for any change of policies and be proactive if it could affect our account.

On April 8th we received this response

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. Please send this information, any other documentation, and a list of impacted ASINs to notice-dispute@amazon.com.

– Greater detail on the root cause(s) of the infringement.
– Greater detail on the actions you have taken to resolve POLICY issues.
– Greater detail on the steps you have taken to prevent infringement going forward.
– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information, the listing will remain removed and your account could be deactivated.
Has your listing been deactivated in error?

If you believe there has been an error, please tell us why. Your explanation should include the following information:

– How your listing(s) have not violated the brand’s intellectual property.

ASIN: B000001FOH B0000033VL
Complaint ID: 5936131061

You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

You can view your account performance (https://sellercentral.amazon.com/performance/dashboard?reftag=email_appeal) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing against the performance metrics and policies required to sell on Amazon.

FINALLY a complaint ID!!! We immediately emailed Account@Michelle shocked and she retracted the complaint
no response from seller-performance

This is when I emailed Jeff around April 12th asking for help
I received the following performance notification on April 17th

Hello,

My name is Prahlad, and I’m a member of the Amazon Seller Performance Escalations team. Jeff Bezos received your email and I am responding on his behalf.

We reviewed your account and the information you provided, and we have decided that you may not sell on Amazon.com. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

Email: Michael.Bentkover@warnerbros.com, chui-yee.c@shakespearesglobe.com,

– Proof of product authenticity (e.g., invoice, Order ID or letter of authorization). It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

– Greater detail on evidence or examples that demonstrate that your account has complied with our policy.
Please ship any open orders. This usually takes about 90 days, but funds may be held longer. Depending on your account status and activities, you may be required to complete an additional review before funds can be released. Amazon may withhold payments if we determine that your account was used to sell inauthentic or prohibited goods, commit fraud, or engage in other illegal or abusive activity.

Okay, this is REALLY weird. There is no complaint ID associated with either emails given and no record of those complaints in our system or account health

on 4/18 I emailed notice-dispute asking for clarification

Please provide clarification. We received the response from Prahlad today, but the Rights owner listed does not match the notice and reason for suspension. The rights owner who filed the IP claim is Michelle Shocked. Michelle Shocked did respond to Notice-dispute retracting the IP claim. Since that time our agency has emailed Notice-dispute twice with action plans and documentation. There has been no response to those emails. Our account was suspended before we were given a complaint ID or rights owner information. Once given that information during the appeal process, the rights owner did indeed contact notice-dispute and retract the complaint. The email addresses below are not associated with the complaint. Please help and/or provide guidance.

_Below is complaint ID which lead to the account suspension, and the email received today which does not reference that complaint. _

Complaint ID: 5936131061
Name of Rights Owner: account@michelleshocked.com
– ASIN: B0000033VL, B000001FOH

My response from Seller-performance on 4/20 to the above email was:

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. Please send this information, any other documentation, and a list of impacted ASINs to notice-dispute@amazon.com.

– Greater detail on the root cause(s) of the infringement.
– Greater detail on the actions you have taken to resolve issues.
– Greater detail on the steps you have taken to prevent infringement going forward.
– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information within 17 days of the original suspension notification, your account will remain deactivated.

If you believe there has been an error, please tell us why. Your explanation should include the following information:

– How your listing(s) have not violated the brand’s intellectual property.

ASIN: B003WEAW18 (confirmed cft ) B007LNBSU0 , B007CJL17S

Complaint ID: 5982191261

HOLY HECK BATMAN!!! These ASINs and complaint IDs are NOWHERE in our notifications or account health!!!

We immediately deleted and Blacklisted those ASINs just to be safe

On 4/22 I appealed the above withthe following to notice-dispute:

__The denial for complaint id#5936131061 received from Notice-dispute on April 20, 2019 did not reference the original claim. It referenced complaint id#5982191261. This ID is not associated with our complaint. The ASINs referenced were not listed by our agency. This denial is in error.

On 4/24 the response given to the above email was:

Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

– Greater detail on the root cause(s) of the infringement.

– Greater detail on the actions you have taken to resolve issues.

– Greater detail on the steps you have taken to prevent infringement going forward.

– Greater detail on why you believe an error has occurred.

Where do I send this information?
Send this information to notice-dispute@amazon.com.

What happens if I do not send the requested information?
If we do not receive the requested information within 17 days of the original suspension notification, your account will remain deactivated.

ASIN: B000001FOH B0000033VL
Complaint ID: 5991608911

**Okay now we are back to Michelle Shocked but with a new complaint ID

We asked Michelle to retract the new ID but she was apparently mad at Amazon and told us she would as soon as Amazon removed like 26 different ASINs

So we filed a Counter Notice following the guidance in the forums (thanks!) and received confirmation that it was sent to Michelle on 4/26**

At this point we have been under suspension for a month and have lost over 160k in revenue

On Monday 4/29 we filed the following appeal

Please reinstate seller account tacoma_goodwill

The Complaint ID 5991608911 is in dispute and tacoma_goodwill believes in good faith that the complaint will be removed as well as a good faith believe that the material in question is protected under the fair use act when selling used/donated goods.

We take this complaint very seriously and even though the complaint is in dispute we accept FULL responsibility for selling products that fully comply with amazon.com selling policies. Please see below our Plan of Action (POA)

• Root Cause:
• tacoma_goodwill did not respond to a complaint of intellectual property infringement in a timely fashion
• tacoma_goodwill listed ASIN B0000033VL B000001FOH prior to the IP Complaint with Amazon
• tacoma_goodwill did not contact the Rights holder in a timely fashion
Account@michelleshocked.com began filing claims regarding their IP to many sellers which we believe in good faith are not valid

• What has been done to address this problem:
• We have removed B0000033VL and B000001FOH from our store and deleted the ASIN’s from our inventory. They will never be listed again!
• We have removed all other ASINs associated with account@michelleshocked.com from our inventory and blacklisted all ASINs from that artist to prevent listing any of that artists IP in the future.
• We contacted account@michelleshocked.com to attempt to resolve the matter.
• We have filed counter notice (attached)
• We have reviewed our ENTIRE Amazon account and inventory to ensure our listings are fully compliant with Amazon policies and guidelines, especially the ones regarding trademark and intellectual property.

• What will be done to prevent similar complaints in the future:
• ALL sourced product will be verified prior to listing to ensure none violate anyone’s intellectual property or trademark. USPTO’s Trademark Electronic Search System (TESS) will be used for verification.
• Using the Above system, all IP potential issues will be immediately Removed from inventory and Blacklisted to ensure they are not listed in the future.
• The job description of E-Commerce manager, Customer Service, and seller have been modified to include daily review of potential Intellectual property Claims. Those ASINs will be proactively removed from inventory and Blacklisted.
_• An additional five days from listing to activation on Amazon will be implemented. This will ensure intellectual property or trademarks have not been violated and give a window for review. _
• A “Black List” has been instituted to alert of any product previously found to be a Copyright Infringement so as to avoid listing.
_• Amazon policies will continue to be read to ensure we are not in violation of any rules. We will be proactive to all Amazon policy changes. _
• If we see and IP violation in the future with NO claim number or IP owner contact information, we will PROACTIVELY reach out to Seller Performance to get those critically needed pieces of information.

Thank you for your consideration. We take full responsibility for ensuring no violation happens in the future.

Please reinstate tacoma_goodwill selling priviledges.

On 4/30 the response we received was:

Hello,

Thank you for your concern, but we cannot accept your appeal because it does not address the claim we received. Please provide the following information so that we can process your appeal:

– A valid retraction sent to Amazon directly from the original rights owner who reported the infringing content listed at the end of this email. We do not accept forwarded or attached retractions. Please contact the rights owner listed below to request that a retraction be sent to notice-dispute@amazon.com:

legal@franklincovey.com

– Proof of product authenticity (e.g., invoice or Order ID). Please ensure that your proof of authenticity includes an invoice or order ID. It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Please send this information, any other documentation, and a list of impacted ASINS to notice-dispute@amazon.com.

Your plan of action is missing the following information:
– The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
– What you have done to ensure you are no longer selling infringing content.
– How you plan on preventing the sale of infringing content in the future.
– Any other pertinent information.

ASIN: 1476764689
Complaint ID: 6016877631
Infringement: Trademark

If you believe an error took place, please send an explanation and supporting information to notice-dispute@amazon.com.

WHAT?!?!?!? Couple things to say here
1. We have again received no notification of this complaint ID
2. We called Franklin Covey and THEY have no record of filing this complaint
3. The ASIN listed was part of a different complaint which Franklin Covey RETRACTED ACROSS ALL SELLERS

Franklin Covey RETRACTED the complaint number listed and escalated the issue and copied me on the email dated April 30. They said they expected to get a response in 12-24 hours…no response

5/2 we emailed notice-dispute

Complaint I.D. 6016877631
ASIN: 1476764689

Dear Amazon.com

_We are responding to notification received April 30, 2019. _

We believe in good faith that complaint ID 6016877631 is in error.

ASIN 1476764689 was retracted by legal@franklincovey.com. The ASIN was reinstated. This is seen in our account tacoma_goodwill in performance notification dated March 28 2019. The complaint I.D. that was given was 5831472781.

legal@franklincovey.com emailed notice-dispute@amazon.com on April 30, 2019 stating that they retract complaint number 6016877631 They further state and escalated a complaint because they have no record of filing that complaint.

There was no trademark infringement. All complaints issued by legal@frankincovey.com regarding ASIN 1476764689 and seller tacoma_goodwill have been retracted.

_Please reinstate account tacoma_goodwill immediately. _

I am providing my contact phone number and wish to be called regarding this matter.

My phone number is

I am on pins and needles waiting for the response
We need this resolved as we rely on our book/media revenue sold on Amazon to fund a great many educational programs here at our local Goodwill.

70
Reply
user profile
Seller_cu1Lr54OxusWw

It sounds like you have several different complaints that need addressing.

I have posted about this before … and been told it never happens (correction, “in her experience” so it must never happen) by @AngelicPretty … but you are a classic example.

Not every notice will appear in Performance Notices. It is getting better but there have been notices that were emailed that never were recorded, or record IP Complaints (showing up in the AHD) that had no notices.

(I’m still reading your last post …)

30
user profile
Seller_cu1Lr54OxusWw

It sounds like you have several different complaints that need addressing.

I have posted about this before … and been told it never happens (correction, “in her experience” so it must never happen) by @AngelicPretty … but you are a classic example.

Not every notice will appear in Performance Notices. It is getting better but there have been notices that were emailed that never were recorded, or record IP Complaints (showing up in the AHD) that had no notices.

(I’m still reading your last post …)

30
Reply
user profile
Seller_DZ1maDmp7Xt2o

If you do not get your account back, I would contact one of the local reporters that might be a little bit more friendly to the fact that Goodwill does a lot of Goodwill and funds programs for people to get ahead and on with their lives and explain – about --Michele Shocken… cool – let’s put it mildly probably have some personal issues, and God knows what other interesting psychological issues & she is now shut down with her nastiness, programs that benefited the least fortunate folks in your area…

You may even have – legal help step up to give you a hand and go after damages recovering — the loss of income, that benefit at all those folks and those programs that are now gone South… unfaltering because of lack of stable funding, it’s hard enough to get some of these things rolling, there’s a credible amount of organizational skills just to get them started and then you need funding to keep them going…

Depends on the reporter and how you are able to work with them…

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user profile
Seller_DZ1maDmp7Xt2o

If you do not get your account back, I would contact one of the local reporters that might be a little bit more friendly to the fact that Goodwill does a lot of Goodwill and funds programs for people to get ahead and on with their lives and explain – about --Michele Shocken… cool – let’s put it mildly probably have some personal issues, and God knows what other interesting psychological issues & she is now shut down with her nastiness, programs that benefited the least fortunate folks in your area…

You may even have – legal help step up to give you a hand and go after damages recovering — the loss of income, that benefit at all those folks and those programs that are now gone South… unfaltering because of lack of stable funding, it’s hard enough to get some of these things rolling, there’s a credible amount of organizational skills just to get them started and then you need funding to keep them going…

Depends on the reporter and how you are able to work with them…

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Seller_49pAMBSPEe6HX

@tacoma_goodwill I think eventually your account will be reinstated. That said, Amazon does not seem to me to be the best selling platform for the type of goods you typically sell. I would consider opting for other less stressful platforms going forward. But it is your call.

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Seller_49pAMBSPEe6HX

@tacoma_goodwill I think eventually your account will be reinstated. That said, Amazon does not seem to me to be the best selling platform for the type of goods you typically sell. I would consider opting for other less stressful platforms going forward. But it is your call.

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