Account deactivated due to IP complaint

Dear Amazon Seller Performance Team,

I received numerous intellectual property complaints from XXXXX@XXXXXX.com. The ASINs reported are as follows :

• XXXXXXXXXX
• XXXXXXXXXX
• XXXXXXXXXX
• XXXXXXXXXX
• XXXXXXXXXX
• XXXXXXXXXX

Root Cause
• We violated Amazon’s Trademark Infringement policy by listing items owned by a third-party rights owner and used their product listings, without first gaining their permission to do so. These items were owned by xxxx@xxxxxxx.com. Now that we are aware that we need to have authorization to sell branded items we will ensure that we contact the brand owners if we want to create a similar listing in the future and we have immediately removed all listings that we thought may violate any brand owners. Overall, we did not fully read and understand Amazon’s Intellectual Property and Trademark policies and this resulted in our behaviour not complying with them. From now on before listing any other products on Amazon I will ensure that my listings do not violate anyones intellectual property, trademark or copyright.
• The reason for the complaints is that a member of staff has mistakenly listed products due to lack of awareness of Intellectual Property violations, Copyright, Trademark and Patents and failed to check all databases as she hadn’t been trained efficiently. Training is already taking place to ensure this does not happen again.
• As a matter of fact, I had set my employee with the task of creating new listings as my Amazon account had a bad VTR rating, this occurred because I was originally using Royal Mail Stamps instead of using fully tracked delivery methods, therefore my employee was creating listings that would be beneficial to my business by being able to send our products via a tracked method. I have now spoken to a member of Amazon Suport Team to ensure I am sending my items with the correct method.
• I received an email off xxxxx@xxxxx.com regarding my product listings, they made me aware that the images were branded by themselves and to remove them within 24 hours otherwise they would take further action, I understood their concerns therefore I went onto my Amazon account immediately to remove the listings my employee had recently created. Although as I opened my Amazon seller account I realised they had already made a complaint to Amazon regarding the listings, therefore they didn’t allow me the 24 hours they had originally discussed with me to remove my new listings.

The actions I have taken to resolve the issue.

• I have shipped all orders that were made prior to receiving the complaints and I have fully closed and deleted all of my listings that may have been in violation of the IP rights of brand owners. Now that we are aware that we need to have authorization to sell branded items we will ensure that we contact the brand owners if we want to create a similar listing in the future and we have immediately removed all listings that we thought may violate any brand owners.
• I have contacted the rights owner and apologised for my misunderstanding and policy violation. I have informed them that all listings have been removed and they will not be listed again on my Amazon account they have agreed to retract the complaints, although it will be in their own time.
• I have thoroughly checked my inventory to ensure none of my listings violate any IP rights. Before listing any products on Amazon I will double check that they do not violate anyones intellectual property, copyrights or trademarks. Each design will be checked against relevant manufacturers websites to ensure they bear no likeness to existing brands.
• I have organised a training day with my employees to ensure they are fully trained on intellectual property rights, trademark, copyright and patents.
• I have reviewed my entire inventory and will only list branded products where I have permission to do so from the rights owner.

The steps I have taken to prevent infringement going forward.

• I now understand that I must check for Trademarks, Copyrights, Patents and for any Rights of Publicity before using a brand on Amazon. I have also created a process for checking if a brand has any intellectual property.
• I have also sourced a legal assistant to assist with me ensuring that I legally obtain any necessary brand permissions in the future, as well as supporting me with any Amazon communication which means I can respond in a timely manner.
• I have now set aside a day each week, to check Amazon’s policies and guidlines to keep up to date.
• We will ensure we follow all of Amazons policies and guidelines on a regular basis. We will no longer list branded items or items which I think are similar to a branded item. I will ensure myself and all team members are fully trained to enable a smooth selling experience. I will ensure that all product listings are created by myself to ensure all images and products abide by the policies and guidelines.
• I will ensure all of products that I sell are only the products we design and I will ensure they bear no likeliness of any other images, brand owners or IP owners.
• Before listing any products on Amazon I will double check that they do not violate anyones intellectual property, copyrights or trademarks. Each design will be checked against relevant manufacturers websites to ensure they bear no likeness to existing brands.
• Regarding future listings, once my account is reactivated, I have decided to start again by only listing my own branded products.
• I have organised a training day with my employees to ensure they are fully trained on intellectual property rights, trademark, copyright and patents.