Policy Warning Notice - Brand Protection - Products have been imported into the European Economic Area


#1

Hi guys,

I have received two policy notices for a Western Digital hard drive that I sell now and then. I think altogether I’ve sold maybe 15 of them. Bought locally and then sold on Amazon. As I have the feature turned on for Amazon to copy my deals across to their other EU sites, this means my offer has been available in the EU too.

I got TWO of these infringements notices (one from my FR account and one from my ES account), but for some reason BOTH infringements are showing on my UK account. I’m confused, and annoyed by this! How can Amazon give me two black marks in a row to my UK account when it’s FR and ES that complained? And have I actually done what they are saying? As far as I’m concerned we are still all in the EU?

Is this worth disputing, or am I in the wrong here?

This is the notice from France (and I will only reply to kind and helpful replies to my post, so if you’re in the mood to bash someone, please move onto the next post!):

Dear Customer:

We get in touch with you because we have received a complaint of intellectual property infringement from the next rights holder. The holder of the rights has indicated the products have been imported into the European Economic Area (EEA) without their consent. These listings will remain inactive until you can provide written evidence to the contrary.

ASIN: #########
Complaint number: #########

Right holders can exercise their intellectual property rights to prevent the distribution of genuine branded merchandise from outside the EEA. The EEA currently consists of the countries of the European Union, as well as Iceland, Liechtenstein and Norway. To maintain the security of the market, we take immediate measures to process the complaints of the holders of the corresponding rights relating to the infringement of intellectual property rights.

What you can do:

You must provide written evidence that the products you sell to the ASINs are authorized for import into the EEA through the consent of the holder of the rights. Reply directly to notice-dispute@amazon.es including one of the following elements:

  • A written letter of authorization from the rights holder addressed to you; or

  • a written letter of authorization from the rights holder addressed to your provider. In the latter case, also include copies of invoices or receipts issued by your provider in the last 180 days. These copies should reflect your sales volume during that period, in addition to the contact information of your provider, including name, phone number, address and website.


#2

Receiving both Policy Violations on a different Amazon marketplace is nothing unusual.

Just like the notice says, to dispute these complaints, Amazon will expect you to e-mail notice-dispute@amazon.es with invoices proving that you procured the goods from within the EEA and an authorisation letter issued to your supplier.

The invoices need to be issued within the last 365 days and reflect your sales volume during that time.

They will also want contact information for your supplier, including name, phone number, address, and website.

Or you can provide them just an authorisation letter from the rights owner issued directly to you.

You either appeal the complaints or delete the ASINs from your inventory and wait for the defects to automatically disappear after 180 days.

But keep in mind that any unresolved complaints can trigger a suspension, anytime.


#3

Thanks Kika… so by buying them in the UK I have not actually done what they say I’ve done? I guess if I imported them from Asia and then sold here then that would be the true violation?

I just got them from argos… I can provide all the order receipts but Argos won’t give me a letter giving permission to resell…


#4

Without any valid invoices, you wouldn’t be able to appeal anyway.

In such case, you can only delete the items from your inventory.


#5

In which case, you won’t have an invoice, just a till receipt. And Argos considered you to be a ‘consumer’ meaning that they are now effectively ‘second-hand’.
You can argue the point with Amazon, but it’s unlikely to make any difference.

What you did is generally referred to as ‘Arbitrage’.
Just google ‘amazon arbitrage problems’ and do some research on why it’s a bad idea.


#6

HI i got the same email but i bought only two WD Drives of amazon uk to sell in Europe .did you contact the right owner


#7

Hi Mattyp1,

No I haven’t contacted them.

Leanne


#8

i’m trying to find out is it genuine claim i guess it is if others have received the same email have you removed items from listing … just went on there site sent email to there complaint;s to see if email we got is legit
To:
enforcement@wdc.com

28 May at 18:55

HI just wanted to check had a an email saying from amazon a company called
emeapt@wdc.com saying we had infringed there copy right, just wanted to find if it’s a scam email or from your company. so we can resolve the issue in the proper manner and the to the correct right’s owner


#9

Would love to hear what the result is. Yes, I deleted the item from my listing. It’s not something I buy/sell a lot, so not a problem walking away from it. I would prefer not to have the infringement on my account though! So if you get a response, please let me know.

Thanks


#10

The email address is genuine. Since the products are sourced within the EEA you could email emeapt@wdc.com requesting that they withdraw the complaint by emailing notice-dispute@amazon.co.uk with your seller ID and the complaint ID number. They’re likely to need to see some proof of purchase pre-dating the complaint.


#11

I’ve done this, but no reply.


#12

Deleting the listings in question from your inventory or having the rights owner e-mail Amazon with a retraction notice won’t help.

The only way how you would be able to have the defects removed from your metrics is by appealing to notice-dispute@amazon.co.uk and providing the proof of authenticity.


closed #13

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