Listing removed for "infringing copyright"
Good afternoon,
A couple of weeks ago I received an email from Amazon stating the below:
“We removed some of your listings because we received a report from a rights owner that they may infringe the rights owner’s trademark. The rights owner communication about the alleged infringement and the listings we removed are at the bottom of this message.”
Before selling I did my due diligence on the other seller and the product.
The seller that reported me has a UK trademark, but it is not valid for this product class.
I actually ordered some of their product to compare to what I was selling to ensure it was the exact same and I’m pretty sure we even use the exact same manufacturer.
The seller does not own any copyright or trademark for the product and they are simply trying to harass me out of selling so that they can monopolise the listing.
I have submitted to Amazon my invoice from manufacturer as well as proof that the seller has no copyright or trademark on the product class as well as images comparing their product and my own.
I have tried contacting the seller myself, but obviously went completely ignored - I’m not even sure the email address they provided is valid.
Today I received Amazon’s response to my appeal to say that “We reviewed your appeal and determined that you have not submitted required documents or the documents submitted are invalid.”
I have submitted all the documents I have and feel that they clearly prove I have not infringed any copyright or trademark.
What can I do next? Amazon is holding my stock and I am blocked from the listing. I am losing sales every day simply because of how easy it is for one seller to report another.
Why is the onus not on them to prove I am infringing a copyright? How can it be so easy to remove another seller from a listing without any proof whatsoever. Guilty until proven innocent seems to be the policy.
Really appreciate any help in getting my listings reactivated.
Thanks in advance!
35 replies
Seller_qZO3ZCjoBXEeL
I am guessing that the listing you used had a brand specified - by XXXX? If your brand/product does not match that then you are wrong to list against it, even if the product appears otherwise identical.
Everything about the listing must match, including the stated brand, so if the listing says brand/by XXXX then your products need to match that brand.
It seems ridiculous and is resulting in dozens of otherwise identical products being put into the catalogue, but that is how it goes.
To be specific here, the issue that you are describing is Trademark infringement, not copyright. You are being found to list against a brand that you do not have authorisation to use with products that are (presumably) not branded to match the listing.
Seller_KKcTTZzy6Jd6Q
It’s not very easy to give any specific advice here without knowing which trademark number was in the original email but…
Assuming that the trademark number that the other seller has given to Amazon definitely does not apply to your item then a relatively short message to Amazon along with an attached invoice will usually be enough.
Make sure the message sounds very neutral, do not accuse the other seller of anything, indicate that it is most likely a mistake and that the given trademark definitely does not apply to your product.
At the same time it’s worth mentioning that you tried to contact them on the email address that Amazon provided and that you did not receive a response, as such you believe this to be an out-of-date email address that is no longer used.
Well, once you get reported for trademark infringement then it’s between yourself and the trademark holder (and the person that reported you), in the event that the trademark holder is correct then Amazon would be responsible for any loss of earnings that resulted from you being allowed to continue selling.
Seller_7VbclcPFFRTnc
You’re not alone
We buy from a well known supplier in our field and one of our competitors also buys from them.
Our competitor has bought the same products, printed some little stickers with their brand name on, stuck them on the front of the products and Brand Registered their name on the listings so that no-one else can sell on it - even though its the EXACT same product
Unfortunately there is nothing you can do
Unless the Brand name on the ASIN matched that Brand name of the product / supplier you buy from, stay well clear !!
Seller_14gStFNbD317Y
To clarify, the product being sold is completely unbranded. The packaging and the product itself have no branding whatsoever.
The product being sold by myself does indeed match the product being sold by the other seller in every way.
All I can do is resubmit my appeal with slightly different wording and see if they consider my second appeal any differently.
Seller_NoMNQDGnEW5Bx
Would you be able to provide an ASIN?
Seller_7VbclcPFFRTnc
If you are able to get your stock back then you need to look at how you list in the future
when buying stock from Alibaba etc the factory is making a product for you - even if they have just made 10000 for another seller.
You have to purchase GS1 barcodes and assign an EAN number to your product and Brand it as your own and create a new listing.
I know that sounds stupid as there are several other people selling the ‘same’ item but they will all have branded theirs as well
I hate it because it just adds the same product to the catalogue again and again but i’m afraid thats what happens when so many people jump on the Amazon Gravy Train.
Also, as stated previously, Amazon don’t tend to accept Alibaba invoices - the invoice needs to come directly from your suppliers with full details on there -name, address, vat number if any etc
Seller_7VbclcPFFRTnc
oh and just to add - do you have any other listings on Amazon or just this one ?
As a new seller Amazon tend to do a check on 3 of your products where they request invoices for them
