Arbitration for Amazon Incompetency?

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Seller_ZOrFbqtBDLGsC

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

199 views
85 replies
Tags:ASIN, Listings
180
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85 replies
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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.

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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.

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user profile
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.

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user profile
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

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Seller_eShZsliMXlAv9

So this dispute started like you sell a comfortable running shoe, and you said,
“This shoe has way better construction than the one with the swoosh on the side!”??

I hope you win.

I’ll bet their legal team feels like they are baby-sitting toddlers whom they have to feign (in legal briefs) that they are Einsteins, Solomon, and Ghandi all rolled into one, clean and pure as the wind-driven snow.

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Seller_tzfX0jBLBCmu2

Arbitration information and how to start it is in the ASBSA, section 18 I think.

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Seller_T5Mv3ZCUSh7Zl

Did you sent a letter to CSC 300 Deschutes Way SW, Suite 208 MC-CSC1, Tumwater, WA 98501 as stipulated in the Amazon Services Business Solutions Agreement?

  1. Miscellaneous.

The Governing Laws will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. If the Elected Country is the United States, Canada, or Mexico, Amazon and you both consent that any dispute with Amazon or its Affiliates or claim relating in any way to this Agreement or your use of the Services will be resolved by binding arbitration as described in this paragraph, rather than in court , except that (i) you may assert claims in a small claims court that is a Governing Court if your claims qualify; (ii) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights; and (iii) we may bring any claims related to your sale of counterfeit products on the Amazon Site in the Governing Courts and seek any remedy available under law related to those claims. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Before you may begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, CSC 300 Deschutes Way SW, Suite 208 MC-CSC1, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. The expedited procedures of the AAA’s rules will apply only in cases seeking exclusively monetary relief under $50,000, and in such cases the hearing will be scheduled to take place within 90 days of the arbitrator’s appointment. Likewise, Amazon will not seek attorneys’ fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. Amazon and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Amazon and you each waive any right to a jury trial .

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Seller_ZOrFbqtBDLGsC

I went with an attorney that not only specializes in IP, but Amazon specifically. So he’s handling this part now. I’m just waiting on him (or his team).

As a side note of good news, Amazon lost more billions in the stock market today. So that is worth rejoicing.

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Seller_ZOrFbqtBDLGsC

lol. not exactly. I said our bed sheets weren’t “blended” and instead “pure bamboo”. to quickly get listings back I updated it to “pure 100% bamboo”, but the ship had already sailed.

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Seller_T5Mv3ZCUSh7Zl

I’m proposing that the psychiatrics add another condition to their list of mental illnesses. Amazon Seller Delusion Syndrome or ASDS, in which Amazon Sellers rejoice at harm and misfortune occurs to their primary source of revenue even though since they are essentially tied to Amazon it harms them as well.

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Seller_gQYj2zQCuoz6y

I was rooting for you until you wrote this. In my eyes you lost credibility. …Oh, by the way, I own zero Amazon stock…

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Seller_ZOrFbqtBDLGsC

Anything that gives Amazon cause to do an internal look at self for improvement – though I fear that means more ESL seller support – in response to market responses, can (or a big “could”) be a win for sellers.

Or Amazon will shift focus to entirely being Chinese conglomerates, which is a strong possibility, but without the benefit of Aliexpress prices.

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Seller_ZOrFbqtBDLGsC

Cool story. Felt like I was there :laughing:

I abandoned the market in 2018 entirely. Though I loaded up on Bitcoin in 2013 and Ethereum in 2017, so that has been the backbone of my ehhh, survivability.

And, yes, I don’t own Amazon stock, hence why I chuckle at their plunge.

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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.

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Seller_ZDGgATBGegBqy

Franz Kafka is claiming IP infringement.

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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)

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Seller_ZOrFbqtBDLGsC

Alright, got a “Nice Topic” badge for this one.

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