Notice: Policy Warning unable to contact righ owner


#1

Please can you help!
We recently received a policy warning from Germany for the following product ASIN: B07KXHDCVF
The product are sourced from all four accredited TP-Link UK distributors.
The product is branded with a TP-Link logo and according to Amazon.de I believe the right owner is a company called Lumitech. Only just found out. We were given a email address to contact Lumitech however the email address provided by Amazon.de is coming as message undelivered.

We are registered TP-Link partner since 2017 could someone help find some contact details, if any of you have any advice with regards to how to tackle it please also advise.


#2

Respond to Amazon, indicate that Lumitech have no rights over the product and you believe they have submitted this in error.
Submit invoices with this and if possible a letter of authorisation from TP-Link.
Amazon are not necessarily saying you aren’t allowed to sell TP-Link, they might be saying that this product is breaching Lumitech’s IPs/patents.

If you really want to contact Lumitech about this, their parent company’s website is:


This is more likely to be a slower process as the majority of larger companies like this tend use 3rd party companies to protect their IPs and as a result it can take weeks or months for them to get claims withdrawn.

Can probably give more precise advise if you paste the original policy warning email/message here, especially if it has the patent numbers on it.


#3

Please see translated version.

Good day,

We removed some of your offers because we received a notification from a rights holder that these offers infringe the following patents.

  • Patent number: EP 2188851 B1

The affected offers are listed at the end of this message.

Why is that happend?
One or more of your offers may violate the intellectual property rights of others.

We’re here to help.
If you cannot understand the reason, please search the Seller Central help pages (https://sellercentral-europe.amazon.com/gp/help/external/201361070) for “violations of intellectual property rights”.

How can I reactivate my offer?
To reactivate your offer, you can send in the following documents:

  • A power of attorney or license agreement from the manufacturer or rights holder stating that the sale of your products is lawful. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png and .tiff.

How do I send this information?
In the “Compliance with product guidelines” section under “Seller performance” (https://sellercentral-europe.amazon.com/performance/dashboard) go to “Complaints received for intellectual property rights violations” and look for the deactivation record for this product offering . Click the “Request” button next to the deactivation record from an offer to provide the information needed to reactivate your offer.

Have your offers been incorrectly removed?
If you have never sold or offered the product, please let us know.
If you believe that the rights holder made a mistake sending the notification, please contact the rights owner and ask them to revoke the notification. To withdraw the complaint, the rights holder must send the revocation to notice-retraction@amazon.de or use the revocation function in the Amazon trademark registration.

These are the contact details of the rights holder:

We can only accept a revocation if the rights holder clearly states that he has made a mistake. If there is any other reason, please explain why you were mistakenly warned. We will then investigate the matter.

What happens if I don’t send the requested information?
If we do not receive the requested information, your offers will remain inactive.

ASIN: B07KXHDCVF
Types of complaints: EP 2188851 B1
Complaint number: 6135873132

You can view your seller performance at (https://sellercentral-europe.amazon.com/performance/dashboard?reftag=email_warn) or select “Seller performance” on the home page of the Amazon Seller app on your iOS or Android device. The Seller Performance metric monitor shows how well your account is performing in terms of seller performance statistics and guidelines required to sell on Amazon.


#4

OK, I’m not an expert on how sart bulbs work but the colour-changing ones presumably generate coloured light and don’t produce white light which is then filtered…
That patent is for an energy-efficient lamp that specifically produces WHITE light.
https://worldwide.espacenet.com/patent/search/family/040328687/publication/EP2188851B1?q=EP%202188851%20B1
As such I would assume that this patent does not apply and they had meant to apply it to one of the other items in the same variation (i.e. one of the white lights).

I would appeal the removal on the basis that the item should not have been removed, mention that the patent indicated does not apply to your product and that it was issued in error. It’s worth explaining that you believe it applies to one of the other products in the same variation and you believe this is where the error originated (leave this bit out if you also sell the other variants).


#5

Just to let you know I have received a response from the complainer. I have managed to get hold of them via Linkedin What I am gathering if I am correct they are in dispute with TP-Link because TP-Link doesn’t want to acknowledge their complaint they are taking it on retailers instead.

Nico Tasch

Nico Tasch 7:48 AM

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“Dear Mr Bigord, Thank you so much for wanting to get in touch. But basically you got the right e-mail address. Nico.Tasch@lumitech.com should work normally. Did you possibly mistype your e-mail address? It would be easier if you contacted me there, then I could explain the complaint in more detail with documents. In summary I can tell you the following: We are a company from Austria, which has been known for light innovations for 20 years. For this reason we also have to protect our patents, because otherwise there would be severe restrictions on competition. Our flagship technology is the so-called “Pi-LED” technology. This is a technology that can ideally control the daily rhythm of the day by using red, blue, green and white LEDs. This technology is in great demand in many areas and is also suitable. As in stores, home use, hospitals etc. We have clearly patented this technology and have already signed deals with the largest in the industry such as Osram, Philips, SSC etc. That’s why our standard research also brought us to the attention of the TP-Link product, and we had it analyzed in detail by our in-house experts and were able to determine an infringement. Normally, we would not have the products removed directly from Amazon and other suppliers, but would seek a direct discussion with the manufacturer. Of course, we have tried this with TP-Link, but they have so far ignored us in cold blood. So in this case we unfortunately had no other choice. I’m sorry that it probably caused problems with them as well, but I can promise you that I would have preferred the other way as well. Best regards”


#6

Well at least they responded and actually clarified the issue.
Still doesn’t explain why they submitted the wrong patent to Amazon but…

Looks like all you can do is wait until the issue is resolved.


#7

Hello! just to confirm they have accepted my appeal and they have remove the policy warning.
Now they have raised another Policy violation for this product B000MDXM8M … I am not sure this a robot thing, perhaps it’s picking it as pornographic product


#8

This has been happening quite frequently with video games in particular.

Not sure on that one… does it say what it was removed for?


#9

see screenshot


#10

Strange, maybe they think you’re selling military vehicles/missiles?
You should have got an email which indicates a reason for it being removed (or it could just say it breaks amazon policies without being specific)
You would have to contact seller support to find out why it got removed.


#11

I did contact them and this their response. I have emailed a screenshot hopefully they will work it out.
I can’t believe this is been in my account since May and did not pay attention to it.

I did not realise you have to check each accounts health as they are not all linked on one dashboard.

Hello from Amazon Selling Partner Support,

We could not find an offer with the product ID B000MDXM8M. Please create a new offer by adding a product to your inventory.

Click the following link to add a product to your inventory:

https://sellercentral.amazon.de/productsearch?q=B000MDXM8M &ref_=xx_prodsrch_cont_prodsrch

Please let us know how we did.

Were you satisfied with the support provided?


#12

When you received the warning for it did you delete the product from your inventory?


#13

Yes they have all been deleted since… I haven’t relisted items since. Despite that I received another email yesterday asking me to provide proof of its Authenticity. Since the item has been removed and the link which they are asking to load document no longer exist, how do they want me to provide this information.
Its like Whac-A-Mole at the moment all my european accounts have these violation warning for various products. This sounds like harassment literarily.

Hello,

– 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.

Has your listing been deactivated in error?
If you believe there has been an error, please tell us why. Your explanation should include the following information:

– How your listing(s) have not violated the brand’s intellectual property.

Where do I send this information?
Please submit this information by clicking the Appeal button on Account Health (https://sellercentral-europe.amazon.com/performance/dashboard).

What happens if I do not send the requested information?
If we do not receive the requested information, the listing will remain removed and your account could be deactivated.

ASIN: B07KXHDCVF
Complaint ID: XXXXXXX

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) 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,
Sincerely,
Seller Performance Team



#14

Unfortunately that’s the worst thing you can do, there’s very little chance of you getting them reinstated now.
The notifications always tell you to delete the listing but if you do that you remove almost all chances of appealing the violation.


#15

hahaha!!! Yeah I can see it is still there, they have told me it would take up to 3 days to be removed… I am thinking of closing all my Europeans accounts so much hard work keeping tabs of these policies. The problem is I have done this to two other items which where flagged in Spain, France and Germany. nearly £1500 intake is not really worth the stress.