I’m working on a revised submission to Amazon regarding a Section 3 violation and had a question specifically about how to write effective preventive measures.
I’ve already removed the violating listings and implemented a new trademark-checking process using USPTO and legal consultation. But I want to make sure I’m framing it in a way that clearly shows Amazon I’ve addressed the long-term issue, not just the immediate listings.
I’d really appreciate your input. Happy to share my draft if anyone’s willing to take a look.
Thanks!
Dear Amazon Seller Performance Team,
Please review the updated Plan of Action addressing the IP infringement complaints.
The root cause of the issue:
• I performed a bulk inventory update to optimize listings enhancing listing titles, bullet points, and descriptions across approx. 80,000 SKUs using automated tools. During this process, several fields - including titles and description - were unintentionally populated with terms later identified as trademarked or protected by personality rights.
• Specifically, terms like (Omitted) were added to product detail pages in fields such as title and description.
• I mistakenly believed some of these terms were generic or descriptive (e.g., “rollerblade” as a type of skate, or “Bob Marley” for themed merchandise), especially when no official brand was listed or no direct reference to branded packaging was used in product sourcing. However, I now fully understand that Amazon’s policy prohibits referencing brand names without explicit rights, even when items are generic in appearance or sourcing.
• This misunderstanding was compounded by my reliance on AI-powered listing generation software, which did not have filters in place to flag protected terms. Without a compliance review process in place, these terms were published without manual review. I also failed to promptly address IP complaints, which led to my account deactivation.
Considering the above, I agree with the violation and take full responsibility. Please note that product detail pages were infringing upon third party rights while the products were 100% compliant and non-infringing upon other rights. I ensure that similar issues won’t happen again.
The actions I have taken to resolve the issue:
• I reviewed each ASIN listed in the IP complaints, including:
o (Omitted)
• I removed the infringing content and removed these ASINs from my inventory. There were no sales for the mentioned ASINs, therefore no customers were contacted.
• I opened cases with Seller Support (Case IDs: omitted) to confirm that all infringing content was removed, and the listings were fully compliant. Seller Support confirmed that none of these ASINs remain live in my catalog.
• I reviewed the remaining inventory and removed any listings that could potentially infringe someone’s IP. This included manual review of titles, bullet points, descriptions and backend pdp.
• I studied the Amazon’s IP policy (link) to ensure I fully understand how my listings violated policy and how to prevent similar issues.
• My Account Health Dashboard currently shows zero active IP complaints, and the IP complaint section is fully resolved.
The steps I have taken to prevent this from happening again:
• On April 20, 2025, I consulted with a U.S. IP attorney (invoice attached) to establish a trademark screening and listing compliance process. During this consultation, I was trained on identifying live, pending, and inactive trademarks, and how to interpret listings with potential conflicts.
• I implemented a 2-step IP compliance check for all new listings:
o All product detail fields (title, brand, description) are now screened against the USPTO trademark database: (USPTO LINK).
o Listings flagged with branded or high-risk terms are manually reviewed and will only be listed if supported by brand authorization or distribution rights.
• I installed “Markify” and “Red Points” to proactively detect trademarked keywords in inventory flat files and listing content before uploading to Amazon.
• A conditional formatting system in Excel was set up to highlight any matches to known trademark terms during inventory uploads. This allows for a manual review before listings are published.
• Before offering any branded products in the future, I will obtain written authorization from the brand owner. No trademarked or copyrighted material will be listed without proper approval.
• I now review Amazon IP policy updates monthly. If I hire any team members in the future, I will include IP compliance and trademark education in onboarding and training.
Evidence and examples that demonstrate that my account has complied with your policy:
• All 12 ASINs related to complaint ID (x) have been corrected and later removed. None remain in violation, and no new IP complaints have been received.
• All existing listings have passed through a newly implemented IP review system, including software scanning and USPTO database checks. As a result, my catalog is now 100% compliant.
• My Account Health is healthy with no active “Received Intellectual Property Complaints.” I have taken all steps outlined in Amazon’s IP enforcement guidance, including prompt removal of reported listings, review of applicable policies, and proactive implementation of compliance processes.
I hope the information provided above sufficiently addresses the issue.
Attached Product Authenticity PDF
Attached SOP
Standard Operating Procedure (SOP)
Title: Trademark Compliance & IP Risk Prevention
Effective Date: April 20, 2025
Owner: [Business Name]
Scope: Applies to all product listings created or updated for sale on Amazon
Objective:
To prevent the use of trademarked, copyrighted, or protected content in Amazon listings without proper
authorization, and ensure full compliance with Amazon's IP policies.
Step-by-Step Procedure:
1. Initial Listing Preparation
- Draft product titles, brand names, bullet points, and descriptions in an Excel flat file.
- Use Excel Conditional Formatting to flag known high-risk terms (e.g., brand names, celebrities, licensed
characters).
2. Trademark Check
- Search each flagged term using the USPTO Trademark Database:
- Use automated tools (e.g., Markify, Red Points) to scan for registered or pending trademarks across all
listing content.
3. Manual Review
- If a trademarked or pending term is found:
- Check for existing brand authorization or documentation.
- If no authorization exists, remove or replace the term before proceeding.
- Do not list products referencing any protected IP without written permission.
4. Authorization Documentation
- Store all letters of authorization and distribution agreements in a shared compliance folder.
- Maintain a cross-reference list by ASIN and brand name.
5. Upload Approval
- Only listings that pass all three checks are approved for upload:
- USPTO check complete
- IP scanning tool cleared
- Authorization verified (if applicable)
Ongoing Compliance:
- Monthly Listing Audit
- Review 100% of live listings monthly using:
- USPTO database search
- IP scanning software
- Manual keyword inspection
- Document findings and corrective actions.
- Policy Review
- Review the following Amazon policies monthly:
- Intellectual Property Policy:
- ASIN Creation Policy:
Training & Documentation:
- New employees will receive onboarding training on IP compliance.
- Training includes how to:
- Search USPTO
- Recognize protected content
- Follow the listing checklist
- SOP reviewed quarterly and updated as needed.