Suspended and appeal denied


#1

I was suspended last week for suspected intellectual property infringements and sent an appeal the next day. (I know bad move) I received a response today saying I’m no longer allowed to sell on Amazon.

The situation is a convoluted mess where I actually believe the infringements are not valid but I’m more than willing to accept Amazon is right and I’m wrong just to move on. I put everything I could into the appeal and accepted responsibility although it was probably too long.

Can anyone please advise what I should do next. Should I submit another appeal or use the managing director email? Can I escalate this to another department somehow.

It’s a complex situation and I can go into as much detail as anyone needs to offer advice which would be much appreciated.


#2

we have had the same issue we have appealed several times they do not want sellers on amazon only amazon themselves. They ask for invoices them go direct to the supplier and buy for themselves then knock you out of the equation. we have appealed over seven times to be ignored with no messages.
its the way amazon will close accounts and only sell there products but have used you for the information on where to buy from. CROOKS !!!


#3

You need to post the suspension email and a copy of your POA followed by the rejection notification, so that the forum can assess what has been said and how you could move forward.


#4

I’ve posted the notification below. It says I did not submit a valid POA. They did not request one. It says I received warnings on the ASIN’s. I wasn’t warned the ASIN’s were removed. To complicate matters 2 of the 6 ASIN’s were appealed and reinstated only to be taken down again along with the other 4. I appealed again but this time it was rejected and all 6 were removed. This happened in June. Then in October I was suspended.

Hello,

Your account has been temporarily deactivated. Your listings have been removed. Funds will not be transferred to you but will stay in your account while we work with you to address this issue. This could take up to 90 days. Please ship any open orders to avoid further impact to your account.

Why is this happening?
We have not received a valid plan of action addressing the infringement issues below.
Amazon previously alerted you of these issues through warnings on the ASINs below:

list of 6 seperate ASIN’s

How do I reactivate my account?
To reactivate your account, please send us the following information:
– Proof of non-infringement (e.g., invoice, Order ID, letter of authorisation, licensing agreement or court order) for all affected listings.
– The steps you have taken to ensure that you are no longer infringing and will not infringe in the future.
– Other relevant information.
– Supporting details should you believe that the actions were made in error.

How do I send this information?
Please send this information, any other documentation to notice-dispute@amazon.com


#5

My POA. More than likely too long but I felt being detailed was better. The response was they have decided I am no longer allowed to sell on Amazon.co.uk

THE ROOT CAUSE OF THE ISSUE

On the 29th may 2019 we were notified by Amazon that two of our ASIN’s were potentially infringing someone else’s trademark.
At the time we believed this was an error so we disputed this. Amazon confirmed that the two ASIN’s were removed in error and they were reinstated.

On the 21st June 2019 we were again notified by Amazon that the same two ASINS’s along with four others were infringing the same trademark.
We disputed this again believing it was an error as the same two ASIN’s which were previously reinstated were among these items and the other four ASIN’s were identical except for colour and size variations. Amazon replied confirming the trademark was being infringed, the decision was final and all six ASIN’s were removed from the website and would not be reinstated despite the same two ASIN’s being reinstated previously.

After the items were removed and we received no further notifications of infringement we believed the issue was resolved. We checked our remaining inventory for other potential infringements but did not find any. We noted the items in our account health screen and read the instructions given there. There was no edit button to amend the listing only a contact us button. We did not use this option to appeal the removal of the items as we had already done so and been denied. At this stage we believed there was no further action we could take and the issue was resolved.

Four months later on the 12th October 2019 we received a deactivation notification from Amazon due to previous “warnings on the ASIN’s” and that we had not provided a “valid plan of action”. Amazon did not request a POA from us in June and informed us only that the listings were removed so we were not aware we needed to send any further information. We would have sent a POA in June has this been requested at the time. As the ASIN’s were removed from our inventory and from the website, we could not take any action on these ASIN’s ourselves to remove or edit them.

We take full responsibility for the listing of items under potentially infringing terms and this occurred due to insufficient checks prior to listing these products.

THE ACTIONS YOU HAVE TAKEN TO RESOLVE THE ISSUE

Upon receipt of the deactivation notification we have checked our inventory again and cannot find any other potential trademark infringements. As all the ASIN’s listed in the deactivation notification were removed by Amazon in June they were no longer in our inventory so we could not take action to edit or delete them. We would have removed these items had they already not been removed first by Amazon.

THE STEPS THAT YOU HAVE TAKEN TO PREVENT THE ISSUE GOING FORWARD

We have re-examined all seller orientated documentation on the Amazon website including the general terms and conditions, condition guidelines, product detail page rules and prohibited seller activities and actions.
We will continue to source branded products from authorized suppliers.
We have established new procedures to ensure new items will only be listed for sale under our own brand after they have been checked against intellectual property databases to ensure they are not infringing trademarked terms.
We have reduced the number of people authorized to list new products to ensure this responsibility is in the hands of trained and competent people.
Our product listings will continue to follow Amazon’s guidelines on correct formatting of product titles and fair use terms.


#6

OK, for a POA you need three sections

Root cause
Actions already taken
Moving forward.

In your POA your opening section contains far too much that is basically a detailed timeline.
Amazon already have this info, they do not need it repeated back to them verbatim like this and it will only put the rep, who is assessing your case, off.

Try to bring that section down to a much shorter, but specific root cause of why you Infringed that trademark.

Your next two sections however are woefully inadequate.
You have simply said “Amazon removed those ASIN’s, so it’s job done”

What you need here is detail about how you have altered your business so that you do not list against anyone elses trademark in future.
What policies have you read?
What new steps have you put in place in your business?
How are you verifying that your goods do not infringe anyone elses rights?
Where are you sourcing your Inventory from?
Do you have valid invoices from authorized suppliers?
Do you have letters of authorization to sell those goods on amazon, from the Rights holders?

Do not focus on the particular ASIN’s that were involved this time, but on the general issue of Intellectual rights.

Then your third stage should reflect what you will do moving forward to ensure the steps in stage two remain effective at preventing furthe rights infringements.


#7

Thanks for the reply. I thought it was too long but I felt I needed to explain that these items were appealed and then reinstated causing confusion. The deactivation wording also seemed strange given they did not ask me for a POA in June but said I didn’t send one. They also waited until October to suspend me for listings they’d removed 4 months prior.

I infringed it because I did not make adequate checks before listing. It’s that simple and anything else would be extraneous waffle. I can pad it out as much as needed but that is the singular problem which lead to this. Also I don’t actually think the infringement is valid. These are suspected infringements not reported ones which means I’ve likely been flagged by a bot. I contested it once and it was reinstated. Second time around was no go but I still think it’s incorrect but I’d rather just accept that Amazon’s right and I’m wrong.

I answered all those in the last section except the letter of authorization which I do not have.

i also said “we have checked our inventory again and cannot find any other potential trademark infringements”

This section is what I have done to resolve this specific issue. To resolve these specific infringements what more can anyone do other than remove them and any others that may be infringing?


#8

I am sorry to hear that your Seller Account has been deactivated due to issues with Intellectual Property Rights Infringement Complaints.

These notices are now very common as it appears that only recently, Amazon started taking action and suspending sellers over something what used to be ignored until now.

Here is an example Plan of Action which already worked to have this suspension lifted, so I would advise you to review it so you can improve your own one:

Dear Amazon UK Seller Performance Team,

Thank you for providing me the opportunity to appeal my seller accounts suspension due to Suspected Intellectual Property Violations.

Firstly I would like to apologise, as I previously stated that I had distanced myself from the offending ASIN’s. Upon taking another look through ALL of my selling platforms, I now see this wasn’t correct as some of the listings were still visible.

I understand that Amazon takes complaints about Intellectual Property Rights of brands or rights owners very seriously and I would like to share with you my plan of action, In which I explain what I have done to resolve the issue and what I will do to prevent similar complaints in the future.

Root Cause.

I received numerous Suspected Intellectual Property Violations on the UK and other EU Platforms.

The ASIN’s for which you have contacted me are grouped as follows, they are a combination of UK and EU Platforms.

B0XXXXXXXXX ITEM *****

B0XXXXXXXXX ITEM *****

BXXXXXXXXXX ITEM *****

B0XXXXXXXXX ITEM *****

B0XXXXXXXXX ITEM *****

B0XXXXXXXXX ITEM *****

B0XXXXXXXXX ITEM *****

B0XXXXXXXXX ITEM *****

What happened.

Amazon, rightly marked the above ASIN’s as Suspected Intellectual Property Violations, as they were incorrectly listed on the Catalogue Page. They were listed as the incorrect brand or were listed incorrectly using Trade marked names in the title or description.

This occurred because I did not read the existing page correctly and myself as a experienced seller, should have noted that there were possible IP issues and also I did not create my own listing pages as per policy as I also used Trade marked names incorrectly in my titles and descriptions.

What have I done to address this issue.

I can now confirm that all the offending ASIN’s, as listed above have been removed from my store.

Any of the above ASIN’s which were held as FBA stock have been issued with a removal order.

I have carefully reviewed my entire Amazon account and Inventory to make sure that all my listings are fully compliant with the Amazon policies and guidelines, especially the ones regarding Suspected Intellectual Property Violations.

What will I do to prevent similar complaints in the future.

I will continue to distance myself from any catalogue pages, which I deem to be an incorrect listing.

I will ask Amazon to confirm, if they deem a catalogue page to be correct, If I am in anyway unsure.

Before listing any new products for sale on Amazon, I will verify that the products and listings do not violate anyone’s intellectual property, trademark, copyright or patent.

I will keep myself informed by regularly reading the Amazon guidelines and policies to ensure that I am not in violation of any of the rules. I will monitor all changes of the policies and or any applicable laws which could affect my selling account and react proactively.

I trust that this plan will sufficiently address the issues and I hope that you will allow me to continue selling on Amazon.

Yours Sincerely


#9

Thanks kika. This is my updated POA. Can anyone tell what what they think. Because I’ve already received the no longer allowed to sell email, should I send this to seller performance or use the additional information button in my account or the managing director email?

Dear Amazon Seller Performance Team,

We understand that Amazon takes the intellectual property rights of others seriously and we would like to share with you our revised Plan of Action in which we explain what we have done to resolve the issue and what will we do to prevent similar issues in the future.

What happened:

  • We listed several items under our own brand that were identical in style apart from colour and size variations.

  • We made insufficient checks prior to listing these items to ensure they did not infringe the intellectual property of others which we take full responsibility for.

  • Six ASIN’s were brought to our attention by Amazon in June. We appealed believing at the time this was an error. Two ASIN’s were confirmed to have been removed in error and reinstated but then removed again.

  • We mistakenly did not appeal the remaining four as they were variations of the other items and we wrongly believed they were grouped together.

  • We failed to recognize we should have dealt with each item listed in our account health screen individually on a case by case basis.

What we have done to address the issue:

  • All ASIN’s listed in the deactivation notification were removed by Amazon in June and will not be relisted or sold again.

  • We have made additional checks across our entire inventory and we have removed several other possible infringing ASIN’s not contained in the deactivation notification.

  • We have implemented new procedures to verify that any items listed at present or in the future do not infringe on anyone else’s intellectual property rights.

  • We have carefully reviewed all Amazon policies and guidelines, especially Amazon’s intellectual property policy and requirements to ensure that we exactly know what Amazon expects from us. This will help us maintain our account in a good status.

  • We have fully examined the account health section and established new procedures to ensure any items brought to our attention are acted upon immediately case by case.

What we will do to prevent similar problems in the future:

  • All items listed under our own brand will be checked against intellectual property databases to ensure they do not infringe on anyone else’s intellectual property rights in any way.

  • All other branded products will continue to be sourced from authorised suppliers only.

  • We have reduced the number of people authorized to list new products to ensure this responsibility is in the hands of trained and competent people.

  • Our product listings will continue to follow Amazon’s guidelines on correct formatting of product titles and fair use terms.

  • I will carefully monitor all policies, guidelines and applicable laws for changes which could affect my selling account and react proactively.

We fully respect the intellectual property rights of others and we believe that this plan sufficiently addresses the issue and will prevent it from happening again.

Sincerely


#10

Time to find a job jimbo lad


#11

Hello Jimbo99,

Abel here to assist.

I’d like to comment on your updated POA directly:

First of all, you have clearly stated that the issue is caused by “insufficient checks prior to listing these item” which shows you are owning the responsibility.

However, your solutions to the root cause is:

*All ASIN’s listed in the deactivation notification were removed by Amazon in June and will not be relisted or sold again.

*We have made additional checks across our entire inventory and we have removed several other possible infringing ASIN’s not contained in the deactivation notification.

*We have implemented new procedures to verify that any items listed at present or in the future do not infringe on anyone else’s intellectual property rights.

*We have carefully reviewed all Amazon policies and guidelines, especially Amazon’s intellectual property policy and requirements to ensure that we exactly know what Amazon expects from us. This will help us maintain our account in a good status.

*We have fully examined the account health section and established new procedures to ensure any items brought to our attention are acted upon immediately case by case.

Here, it is better to provide detailed information about how you’ll be sure that any listed items do not/will not infringe intellectual property rights. Identifying the source (official web sites or any other official sources) you will use, will make your POA stronger just like annotating the related Amazon Policies links as well.

and your future remedies are:

*All items listed under our own brand will be checked against intellectual property databases to ensure they do not infringe on anyone else’s intellectual property rights in any way.

*All other branded products will continue to be sourced from authorised suppliers only.

*We have reduced the number of people authorized to list new products to ensure this responsibility is in the hands of trained and competent people.

*Our product listings will continue to follow Amazon’s guidelines on correct formatting of product titles and fair use terms.

*I will carefully monitor all policies, guidelines and applicable laws for changes which could affect my selling account and react proactively.

Here, again better to identify intellectual property databases you will use. What’s more, have you scheduled a regular checks? If yes, how often you will check your listings against similar issues? And adding the links of the policies, guidelines you will follow is recommended as well.

Besides, please support your POA with information of your actual supplier and invoices.

Please check your latest Performance Notification to get the correct e-mail address to provide your POA to.

All the best

Abel


#12

out of interest, how many suspected intellectual property violations did you have?


#13

Thank you Abel that’s very helpful. I’ve added your recommendations to the POA below. It’s difficult to know exactly how much information Amazon is looking for as some say keep things short and less complex others say to provide more detail. Hopefully this revised version is an improvement Please let me know what you think.

Dear Amazon Seller Performance Team,

We understand that Amazon takes the intellectual property rights of others seriously and we would like to share with you our revised Plan of Action in which we explain what we have done to resolve the issue and what will we do to prevent similar issues in the future.

What happened:

  • We listed several items under our own brand that were identical in style apart from colour and size variations.
  • We made insufficient checks prior to listing these items to ensure they did not infringe the intellectual property of others which we take full responsibility for.
  • Six ASIN’s were brought to our attention by Amazon in June. We appealed believing at the time this was an error. Two ASIN’s were confirmed to have been removed in error and reinstated but then removed again.
  • We mistakenly did not appeal the remaining four as they were variations of the other items and we wrongly believed they were grouped together.
  • We failed to recognize we should have dealt with each item listed in our account health screen individually on a case by case basis.

What we have done to address the issue:

  • All ASIN’s listed in the deactivation notification were removed by Amazon in June and will not be relisted or sold again.
  • We have made additional checks across our entire inventory by cross referencing our items against the WIPO, IPO and Google patent databases. After conducting these checks we have removed several other possible infringing ASIN’s not contained in the deactivation notification.
  • The databases listed above will also be used to verify that any items we may list in the future will not infringe on anyone else intellectual property rights before they are listed for sale.
  • We have carefully reviewed all Amazon policies and guidelines, especially Amazon’s intellectual property policy, prohibited seller activities, product detail page rules, and monitor your account health section, to ensure that we exactly know what Amazon expects from us. This will help us maintain our account in a good status.
  • We have fully examined the account health section and established new procedures to ensure any items brought to our attention are acted upon immediately case by case.

What we will do to prevent similar problems in the future:

  • All items listed under our own brand will be checked against the WIPO, IPO and Google patent databases to ensure they do not infringe on anyone else’s intellectual property rights in any way.
  • If for any reason we cannot adequately verify these items ourselves we will enlist the help of a patent lawyer to verify these items before they are listed for sale.
  • All other branded products will continue to be sourced from authorized suppliers only.
  • We have reduced the number of people authorized to list new products to ensure this responsibility is in the hands of trained and competent people.
  • Our product listings will continue to follow Amazon’s guidelines on correct formatting of product titles and fair use terms.
  • I will carefully monitor all policies, guidelines and applicable laws for changes which could affect my selling account and react proactively.
  • The account health section will be monitored on a daily basis and we will implement a full review of our inventory no less than once per month to ensure continued compliance.
  • Our current supplier is (supplier website link) and I have attached a supplier invoice to this email.

We fully respect the intellectual property rights of others and we believe that this plan sufficiently addresses the issue and will prevent it from happening again.

Sincerely


#14

I have 6 in total which I received within the space of 2 weeks in June. They are all for the same item though just different colour and size variations. They are all suspected not reported infringements so flagged by automation I think. I appealed 2 which were reinstated but taken down again by the system along with 4 others.


#15

gosh that’s a small amount to have
you received them in June - how long after were you suspended?


#16

sorry just seen your original message which said suspended last week


#17

Hello again,

You have added all the information i recommended. However, once your POA will be transferred to appropriate Amazon team, they will contact you to confirm the status of your selling account.


#18

I actually thought it was quite a lot to have in one go but because all the items were effectively the same thing it was all for the same reason.


#19

Thanks again for you help. I’m going to triple check everything and submit it on Monday.


#20

How did you go @Jimbo99 ?

Did you get any sort of reply?