Listing blocked due to trademark infringement


#11

@Kika Thanks for your help, I emailed amazon Invoices,Letter of authorisation from manufacture( stating our shoes doesn’t infringe any intellectual property rights) Duty/VAT invoices, however, was refused by Amazon, and is asking - Why your offers did not infringe the brand’s intellectual property?
Any advice how can I prove that.

Thanks


#12

Could you please post here the full rejection notice which you received from Amazon?


#13

Guten Tag,

vielen Dank für Ihre Nachricht. Wir können Ihren Antrag leider nicht akzeptieren, da er sich nicht auf die Meldung bezieht, die wir vom Rechteinhaber erhalten haben. Bitte teilen Sie uns die folgenden Angaben mit, damit wir Ihren Antrag bearbeiten können:

Wohin sende ich diese Informationen?

Senden Sie diese Informationen an notice-dispute@amazon.de.

– Warum Ihre Angebote das geistige Eigentum der Marke nicht verletzt haben

ASIN: B07MYNL15T B00JGPJ57O B07MYNFJWH B07MYNK67X B00JGPJ4YI B07MYNQGHN B07MYNGP54 B01MXOSGA5 B01N67BBGP B014BYGDY2

Beschwerdenummer: 5591032602

Sie können Ihren Saldo sowie die Informationen zur Abrechnung im Abschnitt “Zahlungen” in Seller Central einsehen. Wenn Sie Fragen dazu haben, senden Sie bitte eine E-Mail an payments-nachforschungen@amazon.de.

Sie können Ihre Verkäuferleistung unter (https://sellercentral-europe.amazon.com/performance/dashboard?reftag=email_appea…) einsehen oder “Verkäuferleistung” auf der Startseite der Amazon Verkäufer-App auf Ihrem iOS- oder Android-Gerät auswählen. Auf dem Kennzahlenmonitor “Verkäuferleistung” sehen Sie, wie gut Ihr Konto hinsichtlich der Statistiken zur Verkäuferleistung und Richtlinien abschneidet, die für den Verkauf bei Amazon vorgeschrieben sind.

– iOS: https://itunes.apple.com/us/app/amazon-Seller/id794141485

– Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl

Freundliche Grüße,

Verkäufer Leistung Team

http://www.amazon.de


#14

This should be a short statement explaining why you were warned in error and why your listings don’t infringe on the intellectual property rights of the other party.


#15

thanks @Kika tried writing statement explained everything, even gave invoice for the photography but got back same email- can not accept!


#16

@Kick_Bristol @Miss_Image_UK Hello both- have you guys found a solution yet? were your listings FBA?


#17

Hi,

I haven’t gone down the route of appealing this with Amazon yet.

I sent a email to dm.enforcement@incoproip.com, with evidence of the product & Amazon listing, clearly demonstrating to them that we haven’t infringed any Trademarks as claimed.

I received a reply back saying that they would be looking into the material provided, that was 3 days ago, still awaiting their response back.

Our listings were FBM.


#18

Advise them to e-mail notice-dispute@amazon.co.uk with a retraction notice like this:


#19

hi both @miss_image_uk mine were FBA and FBM, no resolution as of yet.
Its great you got a response from Incopro, i haven’t been afforded that unfortunately.
Ive completed another appeal after seller support was able to tell me the issue noted on the case was due to the ‘heel type’. I know that the thickness and tread pattern of Doc Martens is protected, ours is a much slimmer lighter and different tread pattern but it is a gum rubber sole like many combat boots.
I have contacted a trademark solicitor to see if they possibly have contact with incopro.
This whole saga has cost us so much money its upsetting. Amazon seller support seem to drip feed information to you one call at a time, this has been an eye opening experience about marketplaces in general! Its never really your business!
Keep in touch and if you have any other contact with inco pro or a direct line i would appreciate you sharing it! Thank you both


#20

I have contacted Amazon several times, and every time got the same response that Amazon cannot accept your appeal because it does not address the report we received from the rights owner. I received an answer from Incorpro last week that they would look into but nothing after that, I have chased them twice already! Will call seller support to find out more about DMs complained. Will try to find the phone number of Incopro and let you know. @Kika any suggestion how can I get my stock back from Amazon. Thanks a lot everyone


#21

Have you tried creating a removal order to see if this is possible?

Unfortunately, in cases of blocked inventory due to issues with Intellectual Property Rights Infringement Complaints, Amazon will often make it unavailable for removal unless you successfully appeal.


#22

HI @Kika yes I have tried but can not create a removal order.

This particular listing has 27 ASINs, three different colours and sizes; however, only 9 ASINs were subject to the Trademark infringement; certainly, sizes can not have various trademarks?


#23

Amazon will only ever block the specific ASINs for which Intellectual Property Rights Infringement Complaints were filled.


#24

Thanks Kika, I will forward the retraction notice to them also, where do I find my Merchant token ?

They haven’t responded back since the initial email so I will have to send them a chase up email tomorrow.

If they don’t respond back quickly then I will appeal with Amazon using my Invoices & hopefully they can understand that the product blocked has no link/similarity to anything remotely linked to “Dr. Martens” & was purchased correctly.

I have a bigger problem now I feel as my selling privileges have been removed, not linked to this, but to “suspected intellectual property violations” from the 17th of May 2019.

Amazon request a plan of action but I feel stuck at this point, if i appeal the “suspected intellectual property violations” then what happens with me fighting this “Received Intellectual Property Complaints” which are honestly without merit.

The “suspected intellectual property violations” was my fault because I had used a “trademarked” name in the search terms which I learnt was forbidden even though its not visible on the listing. By the time I received this, I had no stock left & decided I would just delete the listing as I didnt want any hassle. Guess I was wrong as now it come back to bite me hard.

Do I appeal the Block ASIN’s first or do I appeal my Account & the Blocked ASIN’s at the same time ?

Any advise is appreciated, maybe I should start a new Thread for this ?

Thank You All.


#25

Your Merchant Token can be accessed using this link:

https://sellercentral.amazon.co.uk/sw/AccountInfo/MerchantToken/step/MerchantToken?ref_=macs_aimertok_cont_acinfohm


#26

Thank You Very Much Kika


#27

@Miss_Image_UK and @Kick_Bristol Hello, just to let you know our Amazon has accepted our evidence and have reinstated out listings.

@Kika Many thanks for all your help- even though Amazon has confirmed by email that they have reinstated out listings on 15th, the listings are still inactive ( though we do we have access to FBA inventory) and also 6 ASINs are still showing up as Received Intellectual Property Complaints under account health. Do you know if its couple days to disappear this ristriction or should I chase to notice-dispute@amazon.co.uk team? many thanks


#28

That’s really great news! what a relief for you! We’ve not heard back from our last appeal almost a week ago now. I keep hearing people having success so we’ll keep fingers crossed. How many appeals did you do, did you email directly or use the ‘appeal’ button within the performance notifications, i wonder if it makes a difference.
To Reinstate the listings check your stranded inventory, we have had this in the past and we had to update many of the new product specifications since the listing was originally created to relist it. But in any case i imagine it will take some time for all to come back to you. @Miss_Image_UK how are you getting on?


#29

That’s nice to hear that Amazon accepted your appeal. Try editing the listings to see if this gets them reactivated.


#30

Thats great news to hear @Asp .

We are still awaiting responses from Amazon & Incopro.

I need to get the 3 infringements removed before I can even appeal my account for reinstatement, just have to wait I guess.