Letter of Authorisation


#1

Our account has been deactivated, does this mean it is fully closed or can we still appeal? The Patent number doesn’t exist in the UK and is actually a Gas cylinder patent in the US.

My product is a massage wand.

We received the following policy warning:

We removed some of your listings because we received a report from a rights owner that they infringe the following patent(s):

– Patent number 6047865

The listings we removed are at the bottom of this message.

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 better understanding what is causing this, please search for “Intellectual Property Violations” in Seller Central Help (https://sellercentral-europe.amazon.com/gp/help/external/201361070).

How do I reactivate my listing?
To reactivate your listing you may provide one of the following:

  1. A letter of authorization or a licensing agreement from the manufacturer or Rights Owner demonstrating that your product sales are lawful 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.

If you do not provide the information within 90 days, you will receive a request to remove the inventory associated with these listing per our removal policy (https://sellercentral-europe.amazon.com/gp/help/202000820). Failure to address this request can lead to destruction of your inventory.

ASIN: B07LC4KMBZ
Infringement type: 6047865
Complaint ID: 5295906902

iuliantanasuc@yahoo.com

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

Sincerely,
Amazon.co.uk

I used the following template but the appeal was turned down, can anyone help me with the correct wording i should be using?


#2

You can always appeal. Just as the notice says, in order to appeal this suspension due to Intellectual Property Rights Infringement Complaints, you will need to provide Amazon a letter of authorization or a licensing agreement from the manufacturer or Rights Owner demonstrating that your product sales are lawful.

Or there are 2 more options:


#3

Hi Kika,

I have already tried to appeal with a letter of authorisation from my supplier and my own company, addressed to myself, but had no luck so far.

My response:

Hi all,

I believe that ASIN: B07LC4KMBZ has been warned in error. The Patent number 6047865 is actually for a Gas capsule and gas delivery system and has nothing to do with massage wands.(https://patents.google.com/patent/US6047865A/en).

ASIN: B07LC4KMBZ
Infringement type: 6047865
Complaint ID: 5295906902

Also here is a list of other massage wands that are EXACTLY the same as the listing mention above so which further backs my point of this listing being warned in error.

B07JKMXXSW (https://www.amazon.co.uk/Wireless-Ellis-Harper-Exclusive-Rechargeable/dp/B07JKMXXSW/ref=sr_1_1_sspa?keywords=massage+wand&qid=1560254329&s=gateway&sr=8-1-spons&psc=1)

B07BCK47WR (https://www.amazon.co.uk/Wireless-Massager-Waterproof-Handheld-Vibration/dp/B07BCK47WR/ref=sr_1_6?keywords=massage+wand&qid=1560255046&s=gateway&sr=8-6)

B0784KCDHY (https://www.amazon.co.uk/LOVELY-Vibrating-Therapeutic-Waterproof-Rechargeable/dp/B0784KCDHY/ref=sr_1_10?keywords=massage+wand&qid=1560255086&s=gateway&sr=8-10)

Regards


#4

Kika,

I also sent in my 2 invoices, 2 receipts but i am still receiving the same response:


#5

Hello,

Thank you for your message, but we cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so that 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: B*********Z
Complaint ID: 5297245172

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.

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.


#6

This indicates that Amazon rejected the proof of authenticity which you provided.


#7

Hello

Did some research on it, not sure but I think its not a genuine infringement complain, looks like rival seller has used details to deactivate your listings.

patent number belongs to BOC Group Ltd which also has a office in UK

https://beta.companieshouse.gov.uk/company/00022096
You need to email following addresses
notice-dispute@amazon.co.uk
seller-performance@amazon.co.uk
managingdirector@amazon.co.uk

Two important things on which you can defend you claim.

1, Company who’s patent belongs has more than 100 million turn over using generic yahoo email address to serve notice,

2, Application of patent has not been applied properly as you have mentioned in your post previously.

We have had this experience previously and had to send several emails and include all above to get listings restored.

Please also include invoices and letter of authorisation.

I also suggest to contact the BOC ltd and explain this situation, any email from them also can be used as evidence.

Good Luck

Semi


#8

Hi Semi,

Thank you for the advice, I have emailed the BOC group Ltd and explained the situation and am awaiting a response from them.

You said “2, Application of patent has not been applied properly as you have mentioned in your post previously.” What do you mean by that?


#9

This is what I picked up from your earlier message, this is a very strong argument

“The Patent number 6047865 is actually for a Gas capsule and gas delivery system and has nothing to do with massage wands”


#10

This is what I have sent into amazon.

Hello,

I believe that my listing has been blocked in error. I have done research into Patent number 6047865, its not a genuine infringement complaint and it looks like a rival seller has used details to deactivate my listings.

ASIN: B*********Z

Complaint ID: 5304238912

Reasons for error:

Patent number belongs to BOC Group Ltd https://beta.companieshouse.gov.uk/company/00022096

Patent information: https://patents.google.com/patent/US6047865
US6047865A - Gas capsule and gas delivery system - Google Patents
patents.google.com
A capsule for storing a fluid, for example helium, under pressure comprises a hollow body from which extends a hollow neck. A stopper engages with the neck in a fluid tight manner. The stopper includes a main hollow portion and a stem extending outwardly from the main hollow portion. The root of the stem where it joins the main hollow portion forms a frangible section which, when broken, will allow fluid in the capsule to escape under pressure.
I would like to also point out that patent has expired in 2012 for the following reason:

2012-05-29 FP Expired due to failure to pay maintenance fee
Effective date: 2012-04-11

It is very hard to see how a large company who owns the patent and has more than $100 million turnover could be using a generic yahoo email address( ************@yahoo.com) to serve notice.

I strongly believe that a rival seller has created this infringement complaint and used details to deactivate my listing and my listing should be reactivated as a result.

Regards

I would normally get a response within 30 minutes but it’s been over 5 hours and no reply. I’m hoping that is a good thing. Let’s wait and see…


#11

In addition to what you just submitted to Amazon, they will still require you to provide any of the following:

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.

Your listing won’t be reactivated unless they accept your proof of authenticity.


#12

Do you have an example of a letter I can send to my supplier?


#13

I am sorry, but this is between you and your supplier.

You should already have the letter of authorisation, order IDs or invoices available.


#14

Hi

Did you receive any reply, we regards to letter of authorisation, specific ASIN should be mentioned on the letter.