Listing blocked due to trademark infringement
Hello
Wondering if someone could help/advise, one our most sellable listing got blocked today ( not all the SKUs) because our item (shoes) has been claimed by a company called Incopro Brand Protection Team that shoe design belongs to them. We have been selling these shoes on Amazon from last 5 years, they have our logo and have made in India for us. We have paid duty and Vat on them. I am shocked Amazon has just blocked some of the listings without even asking or giving a chance to prove that these shoes our shoes and we have been seeing them from the last 5 years. Our brand is also with amazon brand registry UK — any suggestion how to get our listing back on live.
Thanks
29 replies
Seller_EJIX7rqDNQJi2
I am sorry to hear that you received an Intellectual Property Rights Infringement Complaint.
The original Policy Warning notice which you received from Amazon regarding the matter should include all ways how you can dispute the specific complaint.
In general, if you are confident that the complaint is false, because your merchandise is authentic and able to prove it either with valid invoices or receipts, you can dispute it by providing Amazon the proof of authenticity:
(e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights.
The proof of authenticity should be accompanied with a short statement explaining why you were warned in error and why your listing doesn’t infringe on the intellectual property rights of the other party.
You can e-mail everything to notice-dispute@amazon.co.uk.
Seller_Ejqk5Kar94Wb9
Hi @Asp we are in exactly the same position - same reporting agency and shoe designs.
We have appealed and been rejected every time. Amazon never supplied a trademark number or any info on what the nature of the complaint was - only ‘infringement’ and now apparently Amazon will only accept a redaction letter from them. Trouble is there is one contact email and no number to a human.
Its our first ever report, we submitted invoices, plan of action, outlined what we believed to be the issue but it seems that Incopro can report anything they like without giving any evidence of what trademarks have been violated.
We too have been selling the item for years but it appears Amazon has found a way to kick us off, regardless of perfect metrics and happy customers. I will keep chasing them but a response seems unlikely as they work for brand owners and probably have a target number of reports to make - valid or not. Perhaps we can keep in touch in case one of us has a breakthrough?! @Kika do you have any advice for what else i can do, i see people emailing md’s etc.Its a thoroughly ridiculous situation to be in.
Seller_fMsCVAHNu4txH
But are they ‘your’ design?
If they’re a copy of a design owned by another company, which are just being produced with your logo on them it doesn’t make it OK.
They’re not claiming that the items you’re selling are fake, they’re claiming that they own the rights to the design of them.
Your ‘brand’ isn’t the issue, the design / patent is.
Seller_iyvuduxbHoiGP
Hi,
I haven’t gone down the route of appealing this with Amazon yet.
I sent a email to dm.enforcement@incoproip.com, with evidence of the product & Amazon listing, clearly demonstrating to them that we haven’t infringed any Trademarks as claimed.
I received a reply back saying that they would be looking into the material provided, that was 3 days ago, still awaiting their response back.
Our listings were FBM.
Seller_iyvuduxbHoiGP
Thanks Kika, I will forward the retraction notice to them also, where do I find my Merchant token ?
They haven’t responded back since the initial email so I will have to send them a chase up email tomorrow.
If they don’t respond back quickly then I will appeal with Amazon using my Invoices & hopefully they can understand that the product blocked has no link/similarity to anything remotely linked to “Dr. Martens” & was purchased correctly.
I have a bigger problem now I feel as my selling privileges have been removed, not linked to this, but to “suspected intellectual property violations” from the 17th of May 2019.
Amazon request a plan of action but I feel stuck at this point, if i appeal the “suspected intellectual property violations” then what happens with me fighting this “Received Intellectual Property Complaints” which are honestly without merit.
The “suspected intellectual property violations” was my fault because I had used a “trademarked” name in the search terms which I learnt was forbidden even though its not visible on the listing. By the time I received this, I had no stock left & decided I would just delete the listing as I didnt want any hassle. Guess I was wrong as now it come back to bite me hard.
Do I appeal the Block ASIN’s first or do I appeal my Account & the Blocked ASIN’s at the same time ?
Any advise is appreciated, maybe I should start a new Thread for this ?
Thank You All.
Seller_Olh5uMwbCDCfY
@Miss_Image_UK and @Kick_Bristol Hello, just to let you know our Amazon has accepted our evidence and have reinstated out listings.
@Kika Many thanks for all your help- even though Amazon has confirmed by email that they have reinstated out listings on 15th, the listings are still inactive ( though we do we have access to FBA inventory) and also 6 ASINs are still showing up as Received Intellectual Property Complaints under account health. Do you know if its couple days to disappear this ristriction or should I chase to notice-dispute@amazon.co.uk team? many thanks
