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Keep getting suspected Intelectual property complaints at Amazon for my bundle - How Do I resolve please ?
Hi,
Ive created 3 listings and all have been pulled for suspected intellectual property. ( Trademark logo " Cadburys " )
I do not have my own brand, but either list against the ean or generic product.
Im trying to list " cadburys milk tray + greeting card, which i had the card designed and made " as a bundle item. As its a bundle of chocs and card with it. I cant just list against the EAN code. Ive gone Generic and not mentioned the brand Cadburys - You can see the asin while it is sill active today here ( they will remove it by tomorrow ) asin : B0DRPH2HWN
It's not had many sales - but was trickling out slowly - but have lots of stock.
First thing i did as they said Trademark logo " Cadburys " - was to have the images change to remove the words Cadburys. But they have not accepted that. Amazon response was
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Hello from Amazon Selling Partner Support,
Thank you for contacting us! We understand that you are facing issue regarding your recently removed listing B0DRPH2HWN.
During your application review, we found your product may not be compliant with Amazon Intellectual Property policies and currently has the brand name as “Generic” and Cadbury products can only be listed by authorized licensed sellers.
After a review, we've determined that we will not be reinstating the removed listings, as the brand on the ASIN cannot be updated, We consider all factors of a product while reviewing policy compliance. If you choose to re-brand a product, you must create a new product rather than updating an existing product.
======================================================
So my question is and really appreciate some help so I can understand it and not get listings deactivated in future is - how is it done ?
I mean , take for example this listing - same idea and this as been around a long time ASIN " B0CLLQ41RD
How can this be acceptable and not mine - what do I need to do to stay within Amazons acceptance.
I appreciate all help - thanks
Kindest regards Cathy
12 replies
Seller_ZJhFeE3tNKzfh
Quite simply. Yours got spotted - theirs hasn't (yet). Also, Milk Tray is trademarked.
You know what you are doing is incorrect. You are creating a bundle and trading on the Cadbury brand without the express persmission of Cadbury to do so - just to get a listing to yourself.
You've even edited the photo to hide its a Cadbury product.
That is a Cadbury product, no matter that others do the same thing you've done - that does not make it right.
If you want to stay in amazons acceptance - you could I suppose remove reference to Milk Tray and hide the fact its Milk Tray in the images (ie put it in a plain box. But then no-one would buy it....the other option ,is get permission from Cadbury to sell your bundle under their name.
Seller_mS10UjVYuuGor
Amazon have clearly told you what the problem is
Just because you remove the word Cadbury from the listing and bundle in a gift card it doesn't stop the item still being a Cadbury product. I suspect the term Milk Tray is also trademarked by Cadbury.
The other seller who's ASIN you have listed has their own website full of Cadbury products so we can only assume they are an authorised seller.
To stop getting your listings deactivated (inc the other size boxes you have of this) you need to get yourself authorised by Cadbury to sell their products on Amazon or stick to unbranded chocolates.
Seller_dl5O35GVF6pBt
Yes I get these regular. I try to get LOA from suppliers as I actually have permission to use the Trade mark names in my case in bundles. Yet still dont accept it. So now I just remove the offending words. The companies who own the trademarks probably arnt even complaining as it would be not a 'suspected' one then. I have gone through hell these last three days trying to removing a key word. The catalugue team only can be contacted via creating a case or by CHAT . You cant speak to a human about it. I spoke to account health and they helped me by pass the automated round and round in circles pages to get to that point of speaking to someone sensible who then told me what I needed to do. they wont extend my time frame either so looks like ill end up with a defect anyway even after ive exhuasted all options.
Seller_NR7AbZwDMu6mb
Bundling another brands product or selling a branded item as generic when the brand already exists on Amazon is a fast route to an IP violation and eventual deactivation. It's hugely frustrating for legitimate brands when sellers do this.
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