Arbitration for Amazon Incompetency?
Just to give a proper setup:
https://sellercentral.amazon.com/forums/t/ip-troll-help-with-poa/1375064/47
To briefly sum up:
My listings got pulled because I used a descriptive phrase that matched the DESIGN/LOGO mark of another brand. I’m legally allowed to use the phrase, which the trademark explicitly makes clear, I just can’t use the other company’s logo design. Amazon didn’t get the difference, pulled my listings.
I had an attorney step in and, to save time, I updated the listings to remove the phrase. After sending my appeal update, Amazon’s genius response was updated to not being about the phrase, but I need LOAs for selling other people’s brands.
Clearly, this was going off the rails, as the listings are my brand, trademarked and in Brand Registry.
My listings are still down, and now Amazon tells me it was never about the mark claim, but the fact that the ASINs that were pulled don’t have a brand or manufacturer linked to them.
This, of course, is also not true. They have been brand registered with proper manufacturer info in the PRODUCT IDENTITY section since they were listed a few years ago. Nothing has changed.
But, my listings remain down and my product rank tanks while I lose brand goodwill daily.
This clearly feels like an Amazon mistake of incompetence at that point.
Arbitration worthy? They send me a guide on how to add brand and manufacturer to the PRODUCT IDENTITY tab, though that information is already there and already correct. There is absolutely zero for me to fix at this point. But my listings remain down.
I spend about $9k/mo on amazon PPC to push these ASINs, and all that investment is now gone. There has to be a level of accountability.
I have an attorney on retainer, so I’m ready to go.
All feedback apppreciated.
Cheers!
Ryan
0 replies
Seller_oEw5wUNHgJxxP
If you have engaged legal council, they should start with an letter to Amazon legal. They should know and tell you that. No need to escalate to Arbitration, or the courts (that you can not do) this will get attention.
When we have issues, we start with a C&D or demand letter from us, the corporation. As appropriate.
With no response, we hand it off to our attorneys, at that point it is out of our hands, we no longer talk to the offender, be them large or small.
Seller_3N7yVnTXPzLkL
I cannot remember the details of your previous threads and posts, but my memory says that you and Amazon policies have a history of conflict. This is not an accusation of wrong doing, I cannot rember anything you did wrong.
BUT, I suspect that you have been flagged for repeated issues, and you will continue to have a higher number of conflicts than others.
I recommend you turn this issue over to your attorney, and cease interacting with Amazon.
I also recommend you develop a strategy which allows your business to prosper if your relationship with Amazon deteriorates. Obviously, if you have already, you are ahead of the game.
Seller_ZOrFbqtBDLGsC
Also, I should point out, that I’m now paying the monthly fee for Amazon SAS Core. They are just as useless here as everything else. Would not recommend.
Seller_ZOrFbqtBDLGsC
I request arbitration, and this is the response I get:
Hello Wooflinen,
Thank you for your submission.
Once updates become available you will be notified.
Your patience and understanding are much appreciated.
May you have a great day ahead!
Important to note: To reply to me about this case, it is necessary to do so from this link: https://sellercentral.amazon.com/gp/case-dashboard/view-case.html/ref=sc_cd_lobby_vc?caseID=xxxxxxxxx.
Thank you for allowing us to assist you,
I think they don’t get that arbitration means I’ve run out of patience
Seller_y2Siy9f4A02oy
I’ve had this. Took multiple back to forths with SS till they escalate. The escalation team literally attached a screencap of the dictionary as well as the law and sent it to the IP team. It got fixed. It’s incompetence but can be solved within SS.
Seller_ZDGgATBGegBqy
Franz Kafka is claiming IP infringement.
Seller_ZOrFbqtBDLGsC
Alright, finally got a bit of solid seller support. So some good news…
I submitted a ticket for a call, as I was having another issue with my account setup. Seller Support called me and was super helpful. It was refreshing, as I could tell this person actually lived in the States and my primary language was fully understood.
Every issue was resolved, some in the midst of the call, and by the time seller support hung up everything had been resolved.
Now, anyone who has used seller support is obviously thinking this is BS, since seller support never fixes anything in a single call, so I should be clear that the support person ended the call with, “Thank you for using Walmart Marketplace”
Yes, true story. No, doesn’t resolve the issue here. But getting actual customer support is weirdly refreshing.
(and, disclaimer, my feedback is now limited to only a few days of experience)
Seller_ZOrFbqtBDLGsC
Alright, got a “Nice Topic” badge for this one.
