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Intellectual Property Complaint - POA Help Please

by Seller_gN9g34EIWgbQI

Hi,

Just received this from Amazon:

Hello,

We received a report from a rights owner that the products listed at the end of this email are inauthentic.

The rights owner is asserting that the products infringe the following trademark:
– Trademark number 013084587

Why did this happen?
One or more of your listings may be infringing the intellectual property rights of others.

We’re here to help.
If you need help understanding why your listings may infringe the intellectual property rights of others, please search for “Intellectual Property Policy” in Seller Central Help (https://sellercentral-europe.amazon.com/gp/help/external/201361070).
How do I reactivate my listing?
Please provide one of the following to reactivate your listings:

  1. A retraction of the report from the rights owner:
    – Entertainment One UK LTD
    --entone@rightsmediation.com

  2. An invoice or letter of authorization from the manufacturer or Rights Owner verifying the product’s authenticity to notice-dispute@amazon.co.uk. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff,

Have your listings been removed in error?
If you believe there has been an error, please tell us why. Your explanation should include the following information:
– Proof that you have never sold the reported product. We will investigate to determine if an error occurred.

OR

– Explanation of why you were warned in error. We will investigate to determine if an error occurred.

What happens if I do not provide the requested information?
If we do not receive the requested information, your listings will remain inactive.

ASIN:B07GYVFDFZ
Infringement type: Counterfeit
Complaint ID: 4984098832

You can view your account performance (https://sellercentral-europe.amazon.com/performance/dashboard?reftag=email_warn) 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.

– iOS: https://itunes.apple.com/us/app/amazon-Seller/id794141485
– Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en

The item is PJ Mask Pez dispenser.

I have contacted the rights owner asking for a retraction (I don’t hold out much hope) and have photocopied the invoice showing the Pez dispensers have been purchased from a reputable source (a well known sweets wholesaler).

My question is how to correctly write my appeal so it will get accepted by Amazon, I know they are very fussy on the format that has to be used.

Thanks

Tags: ASIN, Images, Listings
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Seller_k4H5v9VB5NnjF
In reply to: Seller_gN9g34EIWgbQI’s post

There is absolutely no way the right owner will reply. It is standard practice to ignore all communications in regards to Intellectual Property. It is also unlikely that you would win an appeal as that would put Amazon at odds with the rights owner and open them up to legal action (even if your product is genuine). I recently won an appeal but that was because my product was generic and had to connection to the trademark that was being sighted.

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Seller_SlXZyY9vz3zbX
In reply to: Seller_gN9g34EIWgbQI’s post

Rightsmediation do little in the way of due diligence and will take down anything they don’t like the look of. Provided it is a legitimate licensed product, Rightsmediation will retract the complaint. If you email them you’ll get an autoresponse but they will reply within a day or two. Photograph the licensing information on the packaging and provide the manufacturer and supplier details. They will probably cross reference to E-One but it shouldn’t take too long to get a retraction. Good luck!

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Seller_YVx6UpjLVLBWF
In reply to: Seller_gN9g34EIWgbQI’s post

Are they having a laugh??? I’ve just looked at the trademark number. It’s general items! No brand ownership at all

Feel free to take a look https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/4/EU013084587

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Seller_0pkMTMROIPEmY
In reply to: Seller_gN9g34EIWgbQI’s post

ASIN B07GYVFDFZ, is a duplicate listing and has been removed from Amazon’s catalogue , this looks like a duplicate listing of ASIN B07C4V6QCZ. PEZ Products are exclusively sold by PEZ GmbH the Austrian owner of PEZ Candies, the IP Claim from Entertainment One UK Ltd who own the rights to PEZ Masks Brand market, the claim is legitimate.

https://www.entertainmentone.com/home/EN/pj-mask/

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Seller_SlXZyY9vz3zbX
In reply to: Seller_gN9g34EIWgbQI’s post

E-One are the rights holder and Rights Mediation is an agency that acts on their behalf.

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Seller_wd5Rd431x3NlU
In reply to: Seller_gN9g34EIWgbQI’s post

Hi,When its happened to me last december.I have submit the poa.Which shows that yes one of our employee made mistake,wont happen again,hire new staff,delete all of my inventory which was nearly 7000 items.Then they accept it.
Good Luck

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Seller_gN9g34EIWgbQI
In reply to: Seller_gN9g34EIWgbQI’s post

I have sent photos of the Pez Case outer showing the manufacturer (Pez Gmbh) and photo of the actual product, in it’s packaging also showing the manufacturer (Pez GmbH) and a copy of the invoice from the sweet wholesaler to both Rights mediation and to Amazon appeals.

This is what we sent to Amazon appeals:

ASIN:B07GYVFDFZ
Infringement type: Counterfeit
Complaint ID: 4984098832

We are appealing this decision.

the item is a genuine product manufactured by Pez GmbH. It has been purchased from a reputable sweet wholesaler: Appleton Sweets.

I have attached purchase invoice indicating the purchase of the product and photos of the outer case showing details of the licensed manufacturer and of the product itself in the packaging, also showing the licensed manufacturer.

Please re-instate the listing and remove the performance metric from our account.

Regards

Party2u

We haven’t received anything from Rights Mediation but have receive this from Amazon. It looks like a standard Copy & Paste or 'bot reply. We are not suspended or account deactivated as stated in the message, though it is now worrying us in case they do:

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.co.uk.

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

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: B07GYVFDFZ
Complaint ID: 4986440762

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-investigate@amazon.co.uk.

You can view your account performance (https://sellercentral-europe.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.

– iOS: https://itunes.apple.com/us/app/amazon-Seller/id794141485
– Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en
Sincerely,
Seller Performance Team
Amazon.co.uk
http://www.amazon.co.uk

Please help, we don’t know what else to do, we’ve already sent the invoice showing the item was purchased from a legitimate company.

Thanks

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Seller_gN9g34EIWgbQI
In reply to: Seller_gN9g34EIWgbQI’s post

@Adrian We only received the notice yesterday. Entertainment One UK LTD claimed the Pez dispenser was counterfeit. It is in the first post. We haven’t been suspended and the original message didn’t mention suspension, only the listing had been closed…

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Seller_gN9g34EIWgbQI
In reply to: Seller_gN9g34EIWgbQI’s post

I just sent an e-mail to Rights Mediation with copy of invoice and photos of the product and just received this back:

This is an automatic email reply.

The reason your item GB–B07GYVFDFZ–AOO07VHOP7VI6 was removed is:
Item(s) is a counterfeit product which infringes the trademark owners rights

If you need more information or have any question, please reply to this email accordingly.

Sincerely,

The Entertainment One team.

It does state it is an automatic reply, but did you receive this too?

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Seller_u1a5PSQNLbaVj
In reply to: Seller_gN9g34EIWgbQI’s post

I have the same problem. However, I buy from a manufacturer that is officially licensed. I also got a license confirmation from him with a license number, which I forwarded to both Amazon and {e-mail removed}. {e-mail removed} answered me:

We made an error here. Please accept our apologies.

We have requested Amazon to reinstate the items and reverse the penalties on the associated account.

Kind regards,

Entertainment One UK Limited / Rightsmediation

That was yesterday. Today the complaint is still in my account and Amazon thinks they need more information.
They wrote:
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.co.uk.

– A valid retraction sent directly from the Rights Owner. We do not accept forwarded or attached retractions.
{e-mail removed}

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

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.

Its crazy. Amazon also has the invoice, i dont really know what they want…

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