Deactivated for Trademark Infringement (I didn't infringe)

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Seller_RKMV6Isr4EpPm

Deactivated for Trademark Infringement (I didn't infringe)

Morning oh wise ones!
I’m hoping someone can help. I have been selling on amazon for about 8 years, with no problems, account in good standing etc
A couple of days before Christmas my account got deactivated because of 8 ASINS with suspected copyright infringement
3 of these was because the brand, Desigual, had named one of their dresses ‘Celine’ as a style name. I have all relevant invoices etc proving that it was the brand who made the error if the word Celine is trademarked. 2 of therse infringements have now been removed just leaving the ASIN for the medium as showing on my in [Suspected Intellectual Property Violations]

The other items are much more difficult to deal with. Another UK brand that I sell has shoes with different coloured soles, purple, green, orange, pink etc. 4 ASINS have been flagged as possible infringement of Christian Louboutin’s trademark on the bright red sole. These shoes absolutely do not infringe this trademark but appeal after appeal with invoices, letter of Authorisation from the brand I am selling explaining that they do not infringe etc have failed

I am stuck with the following… Hello,

Thank you for your message. We cannot accept your appeal because it does not address the infringement issues alerted to you previously for the ASINs below:

– ASIN: B075K567Z3, B084VQRP6G, B075K13VWM, B084VQQT67, B075JYKY7C

Please provide the following information so we can process your appeal:
– Proof of non-infringement (e.g., invoice, Order ID, letter of authorization, 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.

I am just going round in circles. This has completely ruined my Christmas and I am worried sick

I have telephoned many times but am always told the people I am allowed to speak to can do nothing about this

The most ridiculous thing is that the size 3,6 and 7 or whatever are deemed bad enough to suspend my account over, but the 4 & 5 are still being sold by other sellers.

Thanks for any help
Deb

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Tags:ASIN, Listings
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12 replies
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Seller_g9A9pMrqcDqa1

If the shoes have a red sole then the trademark infringement is valid - I think the only exception to this is if the shoe itself is red. The highest European Court ruled on this a few years ago. You say that these shoes are a UK brand so have you asked them for assistance? If you state the UK brand people may be able to assist further.

When I had a violation notice a few months ago I was provided with the email address of the complainant. I emailed the proof I had not infringed their trademark to them and they issued a notice of retraction. In this instance one item was removed but similar items were not so it is not unusual as in your case for some sizes to remain.

There are many topics on here advising on how to handle appeals and one common thing that comes up is you need to admit you were wrong. I really would start with your supplier and ask whether they have permission to use a trademarked red sole in the UK.

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Seller_RKMV6Isr4EpPm

Just FYI if anyone else if going through this I have got nowhere with amazon, after 6 weeks, despite having letters of authority from the brand, invoices, the items do not infringe but Amazon are not even actually looking I am sure. Another seller of the same item has now been suspended and I have appointed an IP lawyer who is attempting to get some sense from the legal department.

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Seller_PYRQWDAChMbFA

Hi, Amazons usual stance is guilty until proven innocent and suspected TM and copyright abuse is something they love to use a sledgehammer to crack a nut with.

Speaking from previous experience your best bet may just be to admit to Amazon that you’ve done wrong and promise you won’t do it again- even if you haven’t.

We had the same issue in 2019 with a ‘Brand Ambassador’ filing false copyright complaints against us, our account was suspended for 6 weeks whilst we sent 3 or 4 appeals to Amazon proving the images in question were in the public domain and free to use, however several computer says no’s nothing had sufficed.

In the end we admitted all wrong doing (Even though we were innocent) and set out to Amazon why the issues had arose and exactly why it would never happen again. A couple of weeks later we were reinstated.

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Seller_RKMV6Isr4EpPm

FYI people I did get reinstated, but ended up signing an indemnity agreement to not sell any shoes with coloured soles similar to red, like pink or orange. The whole thing was incredibly frustrating and costly. I did nothing wrong, it cost me 3 months sales and I have had to agree not to sell products that I know perfectly well do not infringe anyone’s trademarks. But I am back on…

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