What does one have to do to prove ownership?
My sellers account was deactivated approximately 6 weeks ago and i am continually submitting appeals with out success.
The infringement was Suspected Intellectual Property Violation in particular to the ‘‘Potential Design
Rights Misuse’’
Amazon states that im infringing on an Apple design yet i have supplied all the documentation they requested
I have submitted Design Patent and trademark registration from EUIPO the UK IPO and China IPO
I have sent authorization letters
I have even sent the manufactures schematics and conformity and testing certification
I have sent invoices
As to date the 12th of May 2022, im now being told that Amazon wont except the legal documentation provided without explanation
Does anyone have a solution or common experience and how did they overcome this issue
29 replies
Seller_7VbclcPFFRTnc
Whats the asin of the product in question ?
Seller_VJFloi7Cs0iaR
Some products are just not worth the hassle on Amazon, Earbuds / pods are just one of them, if you’re not being pulled by the big brands, it’s the Chinese malicious sellers, we had several trademark infringements for the term TWS from an apparent trademark of those 3 letters, that are printed all over the products and marketing materials of most of the imports and products sourced over here.
Not to mention that the market is massively over saturated now.
Safe to say, we won’t be touching them again.
Seller_MvwyMlxMVc3Xw
Hello @Amuzi
Niharika, here to help.
Thank you for reaching out to the seller forums community.
As per the initial post, we see that you have already submitted the Design Patent and trademark registration from EUIPO the UK IPO and China IPO, Authorization Letters, Invoices and the manufactures schematics and conformity and testing certification.
To reactivate your account, we request you to submit a plan of action in the below format:
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Root Cause: You can acknowledge the violation and provide the insights why the violation happened on your account.
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Corrective Measures: You can explain about your immediate action you have taken on your account to resolve the issue and as mentioned, confirm the request of complaint retraction from the Right’s owner.
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Preventive Measures: You can explain about your future measures to avoid the policy violations going forward ensuring that there is a counter preventive action as per the root cause identified.
Hope my response addresses your concern, we would request you to visit our policy page by a click here
Regards,
Niharika
Seller_zSgC5zKFELg5A
Hello @Amuzi,
Nehal here to assist you with your concerns.
I understand your selling account has been flagged for violating the design rights policy.
By referring to the thread, it is observed that you consider this to be a false claim.
For such a policy violation, when flagged you need to submit the required documents as mentioned below:
Letter of authorization or licensing agreement from Rights owner’s brand or manufacturer must appear on the letter of authorization or licensing agreement.
The letter of authorization or licensing agreement must come from the original reporter or the brand if the reporter was an agent.
If you own any right’s in this regard, kindly provide your registration documents so that it can be reviewed through an appeal.
or
You should submit a plan of action covering three aspects which are as follows
Root Cause: What led to the violation? What knowledge gap have you observed? Etc.
Corrective Actions: Your immediate steps taken in this regard to resolve the issue
Preventative Steps: Your future plans on how you will be ensuring the violation is avoided.
If you are stating that you will ensure not to violate amazon’s policy in future then what are the necessary steps you are going to take? How will you ensure? Do you have any new listing procedure?
What resources you will be referring to before creating the listing? Is your staff well aware of the policies? Do you have any training program me or improvement plan in mind to ensure such violations do not occur?
Root cause, Corrective actions and Preventative measure should be in alignment.
kindly go through the policy as well before drafting plan of affection:
https://sellercentral-europe.amazon.com/help/hub/reference/G201361070
I hope this resolves your query. Please continue to post on the thread if you have any questions around this.
Regards,
Nehal
