Account is suspended, Because one of inexperienced employee use competitor ASIN and list the item as sell yours


#1

Hello everyone,
Please help me to open my account.
my account is suspended because of one of my inexperienced employee using competitor ASIN to sell the same item in my store. competitor complaint to amazon and amazon suspended the account.
amazon ask me for:
– Greater detail on the root cause(s) of the infringement.

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

– Greater detail on the steps you have taken to prevent infringement going forward.
I have summited 7 submission which is explained everything, time by time but again and again, I am receiving this email and asking for same details

  1. I have submitted the documents of the company and also the brand registry document.
  2. I do apologies to the competitor and he is also retracting the complaint case.
  3. I have attached the screenshot of retracting complaint from a competitor.
  4. I have attached Invoice
  5. I have attached Packing list
  6. I have attached BL Invoice.

please help me, where I am wrong and how do I reply to amazon.
Kind Regards


#2

That’s an odd one. There is nothing to stop you listing on an ASIN - they are owned by Amazon not any individual seller - as long as the product exactly matches the ASIN you were listing against (same EAN, packaging, branding etc). Was that the case?

Please share the detail of the complaint against you, i.e. Amazon’s first email on the matter. Also, if you can, please share the ASIN that has caused the issue. We can then try to assist.


#3

Thank you for your attention,
here is the last email i have sent:

Hello amazon team,

I have submitted appeal + related documents too many times from my seller account But did not receive any appropriate answer. every time, I received 3 requirement email.
– Greater detail on the root cause(s) of the infringement.

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

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

Approximately, I have done 8 submissions as a reply of this email from my seller account. and now I am totally upset about what to do, I have submitted all the documents with greater details but still receiving the same email.
Currently, I am facing 2 complaints.
1) one of my inexperienced employees using the competitor ASIN and sell the same product in my store. I do apologies to a competitor and he accepted my apologies and retracting the complaint Case (Find Screenshot Attachment).
ASIN: B07R3FKMGG
Complaint IDs: 5916339352, 5922620002, 5926209352, 5933737772

2) My 10 listings are removed because amazon indicates them as suspected Intellectual Property Violations. Reason: Potential Trademark Misuse (SALT Lamps). and I have to take action as closed all the listing and will not activate until amazon responds to me appropriately.
ASINs: B07WR8J4L5, B07WR8DL2H, B07WR8ZZX7, B07WQWFQNY, B07WR87C42, B07WR8C63W, B07WSBMGFK, B07WR8RNCC, B07WNGYJ3H, B07WR99SDW.
Complaint IDs: 5929369662, 5931577082.

Please check Greater Details on them :

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe on any intellectual property rights.

1. I am an Importer of sports Goods/ salt lamp etc. from Pakistan. I am importing the products with my own registered brand name and artwork. I have attached the following documents for the authenticity of the products for your information and notice;-

a. Invoice (Find Attachment 1)

b. The Shipping Bill of Lading (Find Attachment 2)

c. Packing List (Find Attachment 3)

d. Supplier Address and Phone Number:-

  CONTACT PERSON: YASEE****
 [Company name]

  *********************   PAKISTAN

  PHONE:- 0092-********* AND 0092-*********

2. My company is registered with the company House England as a Private company. The certificate is attached herewith for your kind information (Find attachment 4)

3. I am having a registered product under the brand name FITEX from the UK Intellectual and property rights. The certificate is attached herewith for your kind notice. (Find attachment 5)

4. My company is a VAT registered company.

|> > Member State GB|

|> > VAT Number GB 339098959|
|> > Date when request received|: 2020/03/17 07:45:02|
|> > Name> > TECHNOGYM SUPPLIERS LTD
|> > Address> > UNIT 4A

BRUNSWICK MILL
BRADFORD ROAD|||
|> > Consultation Number> > WAPIAAAAXDnPQvrt|

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

1) We have complaint IDs 5916339352, 5922620002, 5926209352, 5933737772 I have received from the owner of SourceDIY regarding this ASIN: B07R3FKMGG.

a) We have contacted the owner of SourceDIY, Mr Farhan Irshad and He accepts our apologies and take back the complaint (Find Attachment 6)

2) Amazon closed our 10 listing ASIN:

ASIN: B07WR8J4L5
Item Name: Animal Salt Lick

ASIN: B07WR8DL2H
Item Name: Salt Soap

ASIN: B07WR8ZZX7
Item Name: Salt Inhaler

ASIN: B07WQWFQNY
Item Name: Salt bowl

ASIN: B07WR87C42
Item Name: Salt Ball

ASIN: B07WR8C63W
Item Name: USB Salt lamp

ASIN: B07WSBMGFK
Item Name: Salt lamp 2-3 kg

ASIN: B07WR8RNCC
Item name: Salt lamp 1.5 kg

ASIN: B07WNGYJ3H
Item Name: Salt lamp 3-5 kg

ASIN: B07WR99SDW
Item name: Salt inhaler Persian

With Complaint IDs 5929369662, 5931577082 cause “Potential Trademark Misuse (SALT Lamps)”.

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

I believe this has happened because I hire the one person to help to create the listing so that I can focus on expanding my business. I was thinking he is competent for this job.

but he is unaware of the policy of Intellectual property Infringement on amazon. and list the items as sell similar to other brand names ASINs.

But he really disappointed me, as the result my account has been suspended. I already fired him from my company.

and I do apologies for this mistake to the right owner of SourceDIY and Need& Gift. Please accept my deepest apologies. It will never ever happen again.

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

1) I HAVE IMMEDIATELY CLOSED ALL THESE LISTING AND WILL NEVER ACTIVE THEM AGAIN.

The ASINS are: B07R3FKMGG B010RB7CKW B07WR8J4L5 B07WR8DL2H B07WR8ZZX7 B07WQWFQNY B07WR87C42 B07WR8C63W B07WSBMGFK B07WR8RNCC B07WNGYJ3H B07WR99SDW

2) I OBSERVED AND CONFIRMED THAT MY STORE DID NOT USE ANY ASIN OR ANY OTHER BRAND NAME EXCEPT MY OWN REGISTERED BRAND.

3) THE SALE OF 90 DAYS FROM THESE ASIN ARE ATTACHED (Find Attachment 7).

4) AFTER THIS, ONCE AGAIN I CAREFULLY REVIEWED AND READ THE POLICY ABOUT THE TRADEMARK AND PROPERTY INTELLECTUAL RIGHTS OF AMAZON. AND I HAVE ARRANGED ONE WEEK TRAINING SESSION WITH MY ALL EMPLOYEE ON TRADEMARK AND PROPERTY INTELLECTUAL RIGHTS AMAZON POLICY.

5) I HAVE APPOINTED ONE EMPLOYEE TO CHECK ALL MY STOCK AND WITHIN A WEEK, I WILL BE IN A POSITION TO CLEAN MY PREMISES AND GET RID OF THE STOCK IF I FIND ANY OTHER LISTING IN MY INVENTORY.

6) I HAVE WRITE THE NOTICE IN THE OFFICE: “NO ONE WILL NEVER USE ANY OTHER BRAND NAME OR ANY OTHER BRAND’S ASIN” (FIND ATTACHMENT 8)

7) I HAVE ALSO PRINT OUT THE POLICY OF AMAZON AND PINED ON NOTIFICATION BOARD IN THE OFFICE. (FIND ATTACHMENT 9)

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

1) I WILL NOT USE ANY OTHER ASIN AND BRAND NAME CONSCIOUSLY OR UNCONSCIOUSLY.

2) I WILL NOT SELL ANY PRODUCT OR NAME WHICH RESEMBLE ANY OTHER BRAND.

3) I WILL DO CARE WHILE LISTING MY PRODUCTS.

4) I WILL ABIDE BY ALL POLICY GUIDELINES AND LIMITS IMPOSED BY THE AMAZON.

5) I WILL RESTRICT WITHIN THE PARAMETERS OF AMAZON FOR A SELLER.

6) I WILL REGULARLY READ AND RE-READ THE AMAZON GUIDELINES AND POLICIES TO MAKE SURE THAT I AM NOT IN VIOLATION OF ANY OF THE RULES. ALSO, I WILL MONITOR ALL CHANGES IN THE POLICIES OR ANY APPLICABLE LAWS, WHICH COULD AFFECT ME OR MY ACCOUNT AND REACT PROACTIVELY.

It’s my humble request to you, Please reactive my account, I already face a lot of loss because my sale is stopped from more than 2 weeks ago. You can check our feedback report as well, we care for our customers and give 100% satisfaction. (Find Attachment 10)

Hoping for a positive reply.

Kind Regards

I have attached all the files in appeal. I have do 8-time submission but still, again and again, I receive the

same email. (Screenshot attached)


#4

Reading the OP post, they listing on an ASIN that was not the exact same - the other seller obviously owns the Brand and has reported him through Brand Registry for IP complaint


#5

You appear to be emailing the wrong department.
The email you screenshot is from the notice dispute department, which is responsible for resolving erroneous trademark/copyright disputes, you already know that you have listed under the wrong ASIN so you can’t prove it was erroneous and there appealing to them will get you nowhere here.

Instead you should be sending the email to: seller-performance@amazon.co.uk
As this is the email for appealing suspensions.

On another note, I think your appeal is too long and contains way too much detail.

  • DON’T USE FULL CAPS.
  • Use bullet-points not numbers, I’ve talked about this in another thread in the past, number are for actions that have to be done in order or they give a ranking to item listed, it might seem like a small thing but every little helps.
  • several of your bullet points could be collated into just 2: “We have provided staff with additional training to help them understand not to list against the incorrect ASINs in future, staff will also get frequent reminders to this effect” and “I have assigned a staff member to check our entire inventory to ensure this issue is not found elsewhere”
  • It’s worth mentioning that the original complaint has been retracted but in this case it’s not going to help you very much.
  • admitting to the fault as you have done is always a good start to the appeal.
  • go back to the original 3 points you were asked for, ignore any replies you received from the notice dispute department.

#6

So i just found out that the seller performance team sometimes replies from the notice dispute email address… So you may have been responding to the correct department. As such ignore the quoted parts above. (was too late to edit the post)


#7

Hello @Techogym2029,

From your post I understand your account is suspended for intellectual property violations and you need assistance with the plan of action.

Intellectual property violations occur when you list under a brand which you not authorized to sell.

I would agree with @Stuart_McIntyre here,

Irrespective of who created the ASIN, our sellers are allowed to map under them if they meet the criteria provided.

To appeal successfully, you need to focus on what led to the violation and draft your plan of action according to the root cause you identify.

Root cause: what led to the issue?

Like you mentioned, it was an error from your employee.

If you had permissions to list under the said brand and if the Right’s owner mistakenly raised a complaint with Amazon that is when it is considered a valid retraction, and they need to send the retraction letter to the seller performance team for the reversal of the complaints.

Immediate steps taken to solve the issue?

Closing or deleting the listing is only a corrective measure but does not give assurance and confirm that it wouldn’t repeat in future.

Do the invoices reflect the same name as on the title? If not, the invoices wouldn’t be accepted.

Preventive measures: mention the steps you can take in order to control this from happening in future.

I’d suggest you take a look at the help page: https://sellercentral-europe.amazon.com/gp/help/G201361070 in order to understand the violation better and send your update appeal.

Describe in detail about the preventive action plan on how you will ensure you do not violate this policy. Once our team reviews it, they will help you accordingly.

Thanks,
Elena


#8

Thank you very much for your detailed reply.
i will send appeal to Performance team as you mentioned here.
Thanks for your time


#9

Hello Elena, Thank you very much for your kind attention, Its really appreciated.
the owner did not allow me to list the item but I do apologies to him and give him surety that this will never happen again, he accepted my apologies and open the case with amazon to retracting the complaint. (find attachment)

and still getting the same email that I mentioned in my first post.

@Clearanceshed and Elena_Amazon I have one more question, is there any possibility, the amazon throws my case into a loop where whatever I submit on the case, I get auto-reply every time same.


#10

one more question, I have too many complaint IDs. sometimes the ASINs mentioned along with complaint ID in the email and sometimes only complaint ID mentioned. (we did not confirm what is the actual complaint behind this IDs)


#11

Usually you will get an automatic reply only if the automated system has detected that you’re way off the mark, if it’s even remotely close to what they’re looking for then it will get through to an actual person (and depending on your timing you can get a human response within a minute on rare occasions).
There is sometimes a team that steps into the middle and checks your submissions before it reaches the correct department, if this happens you will get a robot-like response BUT only if the appeal would have almost definitely been unsuccessful, so if there’s an extended delay in the response yet it still seems like a robot then this is likely what happened.