Suspended account for copyrights


#1

Hi! I have been suspended for a while and only recently started to get serious about this, because there is money frozen that I owe to old supplier yet. :confused:

This is the appeal I submitted, I used an example where KIKA helps.

Dear Amazon Team,

I really hope Amazon will give me one more chance to sell on this platform again.

I have come to realise that I had policies in place which allowed me to purchase from a supplier which may have not been selling authentic goods to me. I recognize that I have not been doing our due diligence in researching the credibility of suppliers before purchasing from them, so I have set forth the following plan of action to ensure this doesn’t happen again.

  1. I have ended my relationship with my supplier who sold me the product, I have liquidated all the inventory from them and will never purchase from them again.
  2. I have gone through my list of suppliers and have contacted manufacturers to confirm that they are authorised distributor. Any supplier that does not match this criteria, has been removed from my list and I will never purchase from them again.
  3. Before purchasing new products from any other supplier, I will contact the manufacturer directly to ensure that they are actually manufacturer authorised supplier. Only after that I will purchase the items to sell on Amazon platform.
  4. I now have dedicated employee who will inspect all the merchandise before it is being sold so I can ensure it matches Amazons standards of quality.
  5. Me and my employee have re-read Amazon guidelines and policies, will continue to monitor the seller forums for any copyrighted, problematic and wrongful brands and items.

I am very confident that with this plan I will not have any future issues of counterfeit items and I ensure that I will always comply with Amazons policies.

I received back this:

Hello,

Thank you for submitting your plan of action. We reviewed your appeal and determined that it is missing the following information. Please include the missing information listed below in your plan of action:

– 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.

– Greater detail on the root cause(s) of Counterfeit infringement.
– Greater detail on the actions you have taken to resolve the infringement issues.
– Greater detail on the steps you have taken to prevent infringement going forward.
– Greater detail on why you believe an error has occurred.

Has your account 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 within 17 days of the original suspension notification, your account will remain deactivated.

ASIN: B07LH3JLSS B07LH41TM7 B07LH59SSN B07LH4H4PF B07LH3HD6Y
Complaint ID: 5764060812

I have no information about who did report me or anything like that. I want to admit that I didn’t sell authentic product, so I don’t even have any proof to to send that I was selling authentic product. The ASINS were about Fortnite design phone cases.
Is there anyway to re-instate my account for a chance for me to once sell again and fix my mistakes?

I will appreciate all the help I can get.

Thank you in advance.
With respect,
Elvis.


#2

You cannot supply the evidence Amazon need so you will have to delete your entire inventory, buy new stock of some sort from a new authentic manufacturer and send the invoice to Amazon with a new Very good Plan of Action. No guarantees though.


#4

This is why you should not use the example of Kika, if that is what you used.

Next, your primary issue is IP Rights related, then authenticity.

Then, your plan does not follow the Amazon format as they expect.

Basically put:

  • Root Cause
  • Immediate Actions
  • Preventative actions

In you case Amazon has become specific and asks for:

– 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.

– Greater detail on the root cause(s) of Counterfeit infringement.
– Greater detail on the actions you have taken to resolve the infringement issues.
– Greater detail on the steps you have taken to prevent infringement going forward.

And finally it contains no “meat” or content.

This is a bit vague of a root cause.

  • What were your policies?
  • How did you realize they allowed you to purchase inauthentic products?
  1. What proof can you provide Amazon that you actually did all that you have listed as actions?

  2. It reads to me as somewhat vague statements. Like “How” did manufacturers confirm they are authorised? Do you understand that manufactures might be dishonest?

  3. How does the quality of the item prove authenticity?

  4. You re-read what guidelines and policies? What did you learn from them?

  5. In the end you now bring up “counterfeit” items. Why?

This has a long way to go.

Start with your actual root cause. Find that and build off it.


#5

Looking at your listings I’m not surprised this is where you’ve ended up.

The long and short of it is your account is toast and your days are selling here are done for. It’s blatant breach of intellectual property.


#6

The OP has admitted their errors in their first post and is asking for assistance to ‘fix my mistakes’. Has your reply aided them in any way?

I know they are not alone in making mistakes, I did too, especially in the early days selling on Amazon. We should take them at their word and surely it is the time of goodwill to all? Hopefully the New Year (And the end of the old one) can eliminate all of the negative comments and make for for constructive support for everyone.


#7

There’s making mistakes and then there’s blatant breach of copyright. No sympathy, you take your chance. I’m sure they have made a few quid and that’s great but nobody is that naive to do it mistakenly.

If they are that naive, then perhaps business is not for them and they are lucky that all they’ve got is a closed account.


#8

Hi Lemony_Merch,

After reviewing your post and plan of action you share with us, I wanted to assist you with some issues you have regarding the Intellectual Property Complaints.

Your plan of action looks very generic and lacks details of the counterfeit complaints received.

I suggest reading the Intellectual Property Policy for Sellers page as it is extremely relevant to your current situation and will be of aide as you look to address the complaints.

In general, your plan should be structured, concise, and detailed to the core issues detected within your account. I suggest following these guidelines from now on:

  1. The root cause of the issue (After reviewing your current business model and processes, why do you believe you are receiving this type of complaint?)
  2. The steps you immediately took to resolve the root cause(s) you identified (What have you done, and what did you change within your business model or processes to eliminate those root causes?)
  3. How you will avoid similar issues from happening again (Provide a timeline. Think long-term.)

Here you are addressing your supplier but not the actual counterfeit issue and complaint you received. Do you know what exact intellectual property were you infringing? Could you address it more specifically?

Aside from these considerations, I recommend you to read over the policy links you received along with the notification and show your understanding of them.

Can you provide these links or documentation where you check intellectual property? These links can be both internal Amazon policies but also external European websites as for example:

https://www.iprhelpdesk.eu/taxonomy/term/159
or
https://euipo.europa.eu/ohimportal/en/web/observatory/faqs-on-copyright

When appealing these ASINs it is important to include any proof together with your plan of action.

Please be also aware that each plan of action should be drafted based on the issues that you are facing. Using someone else’s appeal could not only cause your listing not to be reactivated, but could prevent you from identifying the issues within your process that should be corrected.

Feel free to share your updated version here!


#9

Then I would offer that it is better to say nothing if you can’t say anything positive or constructive.

As I said, Goodwill to all. Have a good day and the est of the festive season.


#10

Keep ya offer. Its these types of seller which force amazon to set the metrics so high which in turn makes everything more stringent and rigid for the rest of us.


#11

Hello, Ryan! First of all, thank you for even posting.

I am gonna try to be short on this.
When I started selling, I was really new on this stuff, made a lot of mistakes and basically did most of the stuff that first supplier told me to do and how to do it. Pretty stupid on my side to just do what I was being told to do, but once I got suspension on Amazon, I continued to sell on different platforms, learned my mistakes and corrected a lot of stuff I was selling, did my own research, designs etc. I stopped selling black stuff like branded phone cases to not receive copyright claims etc.

When I got suspension here, my supplier who helped me with all of this, told me I cannot appeal anything like this so I just quit without even really trying.
Now its been almost a year and I have decided to try to do something with this, because I had to pay money that I owed to supplier from my own wallet, because funds are frozen. Thats a lot to me since. I know it was my mistake and stuff, but this is why I want to fix everything. I have learned a lot in 2019. And the reason to get unsuspended here is because I want to continue selling here, but only products I can sell without breaching policies about copyrights etc.

Sorry for my grammar mistakes if there are any.


#12

So look at what both @Victoria_Amazon and @Oneida_Books_EU have advised as it’s good feedback and will help you in your quest. Good luck!


#13

Very good advice @Victoria_Amazon


#14

Hi! Thank you very much for your information. I am trying to put my updated version together.
I wanted to ask you about proof that I should add. What kind of proof in my case? I have no ties to previous supplier anymore since it was because of them I got in to this problem.


#15

Hi! Do you have any updates, did you solve it? Proof of purchase from a legit supplier should be enough, at least as I understand it here: https://sellercentral-europe.amazon.com/gp/help/G201361070?language=en_GB&ref=ag_G201361070_cont_G2N3GKE5SGSHWYRZ