Deactivated for selling designs using public domain images and characters! No way to inform Amazon of error! Alice in Wonderland
@KJ_Amazon @Josh_Amazon
A few days ago I got notification to verify identity, show supply chain docs which I did immediately
Account health insists that my brand is Alice in Wonderland
It is not and i have told them so but they wont listen.
They keep asking for me to provide authorization to use the ALICE IN WONDERLAND brand
I produce and sell Alice in wonderland theme paper products that i design and get produced under my own brand. So in the product title and description, Alice in Wonderland is used to describe the items bc that is what is exactly is.
That images and characters used are from public domain and i have referenced the pubic domain sources to amazon appeals
but this didnt work and my account was deactivated this morning
my original post on this matter is here :
So now my account ( Serene Designs) has been deactivated and I see no way to appeal bc im asked to show authorization for using the alice in wonderland brand
Im thrown into an endless loop with no way out
Can anyone help please?
0 replies
Seller_kIukTwdhvntAp
You apparently never bothered to check the USPTO site for ownership.
You might want to check the rules on your NEXT selling site before you start selling there since you are probably done here.
Seller_nRFmxiQg4EGrw
If they are using the term "Alice In Wonderland" in their description, then they are in fact using "Disney assets". That term is NOT in the public domain.
Do not rely on the fact that others are doing something to assume that it is okay for you to do. That defense doesn't work when the Trooper pulls you over for speeding, and it doesn't work on Amazon.
Seller_nRFmxiQg4EGrw
Since "Alice in Wonderland" applies specifically to Disney (that is not the name of the book), then it's hard to understand how using Disney's trademark could be "descriptive fair use" unless you were using a Disney design.
"Alice in Wonderland" very specifically refers to the Disney movie; it does NOT refer to the book by Carroll, as that was not the title. I'm no lawyer, but seems "distinct" to me. The BOOK title, however, would be in fair use.
Seller_nRFmxiQg4EGrw
Rather odd, since Lewis Carroll did not write a book titled "Alice in Wonderland". Disney used that name when they adapted a movie based on the book "Alice's Adventures in Wonderland"
But I guess based on your posts, your next step is to take this to court, and earn the right to use the title of the Disney film instead of the title of the book.
And then you STILL have to convince Amazon to let you use Disney's Trademark.
Best of luck with it!
Emet_Amazon
Hello @Seller_LAnyaUmHTJjX7,
Thank you for posting your concerns with an intellectual property.
A few days ago I got notification to verify identity, show supply chain docs which I did immediately
Account health insists that my brand is Alice in Wonderland
It is not and i have told them so but they wont listen.
They keep asking for me to provide authorization to use the ALICE IN WONDERLAND brand
When it comes to listing and selling products on amazon we will require that you adhere to our policy along with local, state, and federal laws. When it comes to using another intellectual property on amazon, we will require proof of authorization for the usage, or proof that your souring these products from an approved and property licensed supply chain.
This can include invoices, a letter of authorization issued by Disney along with the other mentioned verification documents to ensure compliance.
When using your own brand along with another brand on amazon, we will again need you show proof that you are authorized to do so, this is where the LOA will come in authorizing you to use your company or store brand while also using their intellectual property.
If proof cannot be provided, the account may not be eligible for reactivation at this time.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
Seller_chy5fCStE8sIz
Hello @Seller_LAnyaUmHTJjX7
My account was also deactivated due to Copyright Infringement under Intellectual Property. I was finally able to get my account back after a continuous appeal process.
Please check these pages in Seller University:
Emet_Amazon
Hello @Seller_LAnyaUmHTJjX7,
Thank you for following up on the situation.
In my case I used a dictionary term to accurately describe my item. This term happens to be trademarked
I dont use any assets from the trademarked brand as I design my own products and have these produced under my own brand.
I have shown evidence that I have following IP policy by using term or words in dictionary meaning
I have followed up with our account health support team who advised they provided information that this is related to your use of Alice in Wonderland which is a Disney owned intellectual property, not just a dictionary word.
They have also advised that the ASIN included the use of the IP in the title:
"Serenity Fair Special Alice in Wonderland Playing Cards"
This is using the Alice in Wonderland trademark text to sell your branded cards, which requires a letter of authorization and prior approval. At this point the only path to resolve this situation is to provide a letter of authorization.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
Emet_Amazon
Hello @Seller_LAnyaUmHTJjX7,
Thank you for following up on this and providing a more recent case.
Kindly refer to Performance Notification on 29 July 2024. You were given the opportunity for video call verification and the information provided in the call was not sufficient for relevant team to verify your products/ account.
Final decision has been made, let me quote the message here :"We have taken this measure as your account we believe that your account or other related accounts operated by you may be used for deceptive or fraudulent, or illegal activity."
if you believe your account has been deactivated in error, you can reach out to Inbound-appeals@amazon.com.
As mentioned in my prior posts, we will require proof of authorization, and that you have authorization for the use of "Alice in Wonderland" without this the account will remain deactivated. As the case provided also advised on this situation. You were provided an opportunity to verify information with a video call but were unsuccessful and as a result the account will remain deactivated.
The only path forward at this point is with a valid letter of authorization issued by the brand or rights owner. If you need additional guidance at this point you may need to seek external legal council. Due to them making a final decision on this matter I am unable to provide any further information, as they require an LOA for reactivation of the account.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
