I need a Plan of Action Template ASAP
Hi Guys
I received IP Infringement of some of my products. All approach towards appeal seems unproductive,
I am not left to write / submit a Plan of Action.
Please I need help towards submitting , if any one has a template, solution or point me in the right direction I will be ultimost grateful.
A background of my IP Infringement case .
My products got flag by complainter saying we copied their listing, We have our unique listing and now have a design rights however the design rights came after listing is up and selling on amazon under a generic brand
Now I have design rights & trademark but can’t get this case appeal because my listing isn’t under a brand so less protection. Now it seems I have to do appeal to get my account clean up & running smooth.
I hope this isn’t too much to ask
SEE MSG BELOW
We received your submission but do not have enough information to reactivate your listing at this time. To reactivate your listing, please provide any one of the below documents for proving authenticity of your listings:
– A letter of authorization (LOA) or licensing agreement (LA) directly from the rights owner indicating that you are authorized to use their intellectual property. You can find the contact information of the rights owner in the listing deactivation communication you have received.
– An invoice directly from rights owner to indicate that your products are original and are purchased from the rights owner directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
– A retraction from the rights owner to be sent to Amazon directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
– Proof of design registration for the listed product.
Has your listing been deactivated in error?
If you believe there has been an error, please tell us why. Your response should include an explanation for how your listing(s) have not violated the brand’s intellectual property along with documents mentioned above to support authenticity.
How do I send this information?
If you are appealing an action we have taken on your listings for an intellectual property complaint, go to Received Intellectual Property Complaints in the Product Policy Compliance section on Account Health (https://sellercentral-europe.amazon.com/performance/dashboard?ref=ah_em_mpa). Locate the deactivation record for the product listings you want to appeal and click on the Appeal button next to the record to submit your appeal to reactivate your listings. If you want to submit additional information, click on the “View appeal” button next to the deactivation record. Click the “Submit additional information” button to submit information necessary to reactivate your listings.
What happens if I do not send the requested information?
If we do not receive a response, the listing will remain deactivated. The violation record will remain on your Account Health page for up to 180 days after the listing was deactivated or until the violation is addressed. Deleting your listing on this ASIN does not sufficiently address the reason for the violation and will not result in its removal from your Account Health page. Leaving this and other listing violations unaddressed may result in account deactivation.
27 replies
Seller_PUgTge8LPB8FY
There are no templates for POAs because every case is different. You have to write your own POA.
I think I’ve answered your question, but your English isn’t very good and it was difficult to understand everything you wrote. It seems clear, though, that if you don’t have any of the four documents Amazon are asking for, your listing will not be reactivated.
Seller_6sxtIS0RbZ5k7
It might help if you were able to give the ASIN.
Seller_DROodOAYHftnc
As said there is no one template, but Amazon are quite strict about the format of the POA.
Search the forum and you will see lots of posts , from forum mods too, stating the 3 point format that Amazon require.
Seller_K7XmNxecVrDRH
from experience. Clear, Visual, Understandable & Organised. I personally use a table to format an Action Plan.
this gives a quicker turnaround as well and avoids having to basically resit the test afterwards.
Seller_5iXIFMdaFkFpG
First, can you update ASIN to contain your brand which you have design rights for? As competitor reported you - do they sell same product?
Seller_5iXIFMdaFkFpG
I personally would not create this design. very similar to competitor, not to mention ALDI and similar letters in it. First two seconds I thought it’s actually ALDI logo, then when read properly realized it is not. I’m honestly surprised ALDI itself did not report it - they probably did not see it. I do not recommend to sell this design. BUT as you have it registered it might help with appeal on Amazon. I will post template of POA later, please be patient.
Seller_24Bec1n3QCVmi
Unfortunately, I don’t think you are going to win this.
We had two products taken down a couple of years ago. The designs were ours, we already had registered design rights and our trademark was brand registered with Amazon prior to the complaint by a competitor. We fought tooth and nail with Amazon to have the complaint overturned because we were the rightful rights owner but Amazon would not listen.
In the end we had to just walk away from those two designs.
