PoA for IP violations keeps getting rejected & account is deactivated. Please help!


#41

Every answer will have a nuance or point of experience that won’t be made by others. If a poster finds that she or he is spending too much time with people they regard as time wasters then they can just move on. We don’t need to have our hands held by Jessica


#42

All these steps are most definitely necessary

Create a step by step policy that you would follow that includes everything above

Have you purchased any stock from a authorised distributor/manufacturer rights holder? add these invoices


#43

Latest PoA below:

Root Cause

I violated Amazon’s Trademark Infringement policy by listing items owned by a third-party rights owner and used their brand name, without first gaining their permission to do so. These items were owned by the brand, FITTOO. The ASINs that were reported were: B0822D79V9, B07H3MCW17, B07H3N27YX, B07L8QKQZ9, B07L8STNSC, B0822D4XTW, B0822CLCQX, B087C3NNYH, B07H99XYRC, B07L8RY6NX.

All of these ASINs were FITTOO branded Women’s Leggings in a variation of colours. I purchased the FITTOO Leggings from a manufacturer called FITTOO HB Leggings Store. I believed the manufacturer was an authorised manufacturer of the brand FITTOO and that the leggings I was buying from them were authentic. I believed this because the manufacturer told me that they were the owners of the brand FITTOO. I did not ask for a proof of authenticity document from the manufacturer as I did not realise I needed to do this and the leggings appeared to be authentic as they looked similar.

I then listed these leggings on the FITTOO Amazon product listing because I thought they were authentic FITTOO leggings. I did not check to see if the brand has any intellectual property against it as I wasn’t aware of this process. I also failed to ask the rights owner for permission to put my products on their listing. Overall, I did not fully read and understand Amazon’s Intellectual Property and Trademark policies and this resulted in my behaviour not complying with them.

Despite receiving numerous violations and emails from Amazon, I failed to respond and address these issues in a timely and professional manner. This was because I was currently prioritising 200+ orders that needed to be shipped and did not have sufficient time by myself to respond to the Amazon claims. I now understand that this is not acceptable and I should have acquired assistance through a new colleague, rather than trying to run the entire Seller Account by myself.

The actions I have taken to resolve the issue

  • I have shipped all orders that were made prior to receiving the complaints.
  • I have fully closed and deleted all of my listings that were in violation of the trademark infringement.
  • I have reviewed my entire inventory and will only list branded products where I have permission to do so from the rights owner.
  • I will only list a select few products that I can continuously review to ensure I always have time to respond and act on Amazon’s communications.
  • I have contacted the rights owner and apologised for my misunderstanding and policy violation. I have informed them that all listings have been removed and will not be listed again on my Amazon account. They have chosen not to respond to my email.

The steps I have taken to prevent infringement going forward

  • I have used the Amazon Seller University to understand how to list products in a compliant manner.

  • I have reviewed the Amazon Intellectual Property policy, specifically regarding Trademark Infringement and ensured I fully understand it, which I accessed here: https://sellercentral.amazon.com/gp/help/U5SQCEKADDAQRLZ?ref=ss_ahd_pp_intel_prop

  • After reviewing the above link, I now understand that I must check for Trademarks, Copyrights, Patents and for any Rights of Publicity before using a brand on Amazon. I have also created a process for checking if a brand has any intellectual property. The process is: check for trademarks via US Patent & Trademark office and the WIPO, check for patents using the US Patent & Trademark office, the European Patent Office and PATENTSCOPE and finally check for copyright using the US Copyright office. If any of the checks show that there is intellectual property, I will contact the rights owner for permission before proceeding further.

  • Before listing any item or ASIN in the future, I will make sure I get an authorisation letter from the manufacturer or rights owner allowing me to do so - to avoid any future intellectual property complaints.

  • I have also sourced a legal assistant to assist with me ensuring that I legally obtain any necessary brand permissions in the future, as well as supporting me with any Amazon communication which means I can respond in a timely manner.

  • I have created a process for sourcing and listing products which ensures I will only source products from authorised and legitimate manufacturers. This process involves me researching for manufacturers and always requesting documentation/evidence of authenticity before purchasing their products.

  • I have now set aside every Monday each week, to check Amazon’s policies and Seller University to keep up to date and also check my Account Performance Health to action any issues and ensure my account remains compliant.

  • Regarding future listings, once my account is reactivated, I have decided to start again by only listing Generic products.

  • I have also decided to consider using Fulfilment by Amazon once my account is reactivated to improve efficiency and reliability of my Amazon Seller account.


I did make detailed process documents too but then the next AAH specialist told me to remove them as they were too much detail.

I am feeling so lost with this now as nothing I add/change seems to please Amazon enough…

Any further help/guidance is always appreciated.


#44

Did you get a response?


closed #45

This topic was automatically closed 180 days after the last reply. New replies are no longer allowed.