Account deactivated due to IP violations

Hello Virgil,

I Have just received this reply from Amazon after submitting the new response. Please see Below.

How do I reinstate my account?
Please provide one of the following:

– Proof of product authenticity (e.g., letter of authorization). It must clearly prove that your products do not infringe on the intellectual property of the rights owner.

If you think that the rights owner has made an error in sending the notice, please reach out to the rights owner and ask them to submit a retraction of this notice. We may only accept retractions that the rights owner submits to us directly. We do not accept forwarded or attached retractions.

And

An appeal with the following:
– Greater detail on the actions you have taken to resolve the complaint.
– Greater detail on evidence or examples that demonstrate your account has complied with our policy.

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 listings have not violated the brand’s intellectual property.

This was in response to my latest submission shown below.

I am writing to address the suspension of my seller account due to intellectual property violations. I acknowledge the seriousness of this matter and assure you that I am committed to resolving the issue promptly and preventing any future violations. I have thoroughly reviewed the suspension notice and have taken the necessary steps to rectify the situation.

Root Cause Analysis:

Upon careful examination, I have determined that the infringement occurred due to oversight and lack of awareness on my part. While I strive to maintain compliance with Amazon’s policies and guidelines, due to a lack of knowledge on my behalf in regards to intellectual property and specifically how they worked in conjunction with Amazon, I unintentionally failed to recognize that the listings I was selling on were protected by trademarks. The products I purchased matched the images and item description and were purchased from a reputable UK wholesale, I was under the false impression that I could sell the products on these listings. Prior to listing the items, I did not obtain a letter of authorization or a licensing agreement from the right’s owner as I was not aware they were protected by trademarks.

Corrective Actions:

Immediate removal of infringing content: As soon as I became aware of the intellectual property violations, I promptly removed all listings and products that were in violation. I have thoroughly reviewed my inventory and ensured that no further infringing content remains.

Enhanced intellectual property research and validation: To prevent future violations, I have implemented robust procedures for researching and validating intellectual property before listing new products, which I have outlined below.

Preventive Measures:

Employee training and education: I have undergone additional training to gain a better understanding of intellectual property laws, Amazon’s policies, and best practices for avoiding violations. This training emphasized the importance of intellectual property rights, trademark research, and compliance with Amazon’s policies. https://sellercentral.amazon.co.uk/help/hub/reference/201361070
https://www.wipo.int/about-ip/en/

Quality control processes: I will implement more stringent quality control measures to ensure that all products listed on Amazon are genuine, original, and do not infringe upon any intellectual property rights. This includes a multi-step listing process which is outlined below.

Ongoing Monitoring and Auditing: I will regularly monitor my product listings to detect and address any potential intellectual property violations promptly. I will conduct regular internal audits to ensure compliance with Amazon’s policies and guidelines, as well as intellectual property laws. I am fully committed to preventing any future intellectual property violations and maintaining a high standard of compliance. I will regularly review and update my policies and procedures to reflect changes in Amazon’s guidelines and any new developments in intellectual property laws.

Multi-step Listing Process:

I have included below a detailed outline of the steps I will take when listing on Amazon to ensure I do not breach any intellectual property rights and stay in compliance with Amazon’s policies.

1 - Utilize Intellectual Property Tools: I will leverage online tools & software, such as SellerAmp and ip-alerts.com, these tools are designed to help identify potential intellectual property conflicts. They can assist in analyzing product images, titles, and descriptions against existing IP databases, providing early warnings of potential violations.

2 - Conduct Pre-Listing Research: Before listing a new product, I will thoroughly research the relevant intellectual property sources, such as the IPO trademark search tool, to identify any existing trademarks, patents, copyrights, or design rights associated with the products. Paying close attention to specific product features, logos, brand names, packaging, or design elements that may be protected.

3 - Confirming the Supplier can provide reliable inventory: I will conduct thorough research on the supplier and specifically look for information regarding their reputation and any legal issues they may have had in the past. I will also make test orders and ask for samples to review the product in person to furthermore confirm the legitimacy of the stock after confirming they have the legal rights to sell the products and that they are not infringing upon any intellectual property rights.

4 - Verify Authenticity of Supplier’s Products: Going forward I will purchase all my products from reputable, verified distributors and obtain legitimate invoices for these transactions. I will request proof of authenticity, certificates of origin, or agreements from suppliers to ensure they have the legal rights to sell the products and that they are not infringing upon any intellectual property rights. I will also obtain a letter of authorization or a licensing agreement from the right’s owner before purchasing and listing the products on the Amazon platform.

5 - Document and Retain Records: Keep detailed records of our research, supplier agreements, compliance measures, and any correspondence related to intellectual property matters.

I understand the seriousness of the violations and the impact they have on the Amazon marketplace. I assure you that I have taken immediate and appropriate actions to resolve this matter and prevent any further violations. I am committed to conducting my business on Amazon in a fair and compliant manner.

I kindly request your consideration in reinstating my seller account. I am prepared to provide any additional information or documentation that may be required to support my case. Thank you for your attention to this matter.

Thank you for your understanding and cooperation.

I am unable to provide proof of product authenticity so i am not sure how to respond further to this.

Any help would be appreciated, thank you