Account suspended for IP issue

Account Health
1

Hello
I need some advice from sellers who can shed more light on my issue.
I was selling handmade items for years on Amazon and they all had a depiction of popular characters.
Account was suspended after video interview by Amazon and the reason was that I could not provide a LOA from a big brand for a trademarked term in the title of ASIN that I deleted from inventory before the interview.
Also this term was not registered for my class of goods.
Mostly my products did not have trademarks on them and only some had trademarks in the title, so Amazon have found just 1 ASIN in my inventory to ask me for LOA.
No issues with account health.
Before the video call, at some point Amazon bot added some words to titles and blocked me from editing them, but as I know that happens often now to many. Because of that I cound not delete trademarks I had in my listings in any way.
My product niche is very slow, I had chinese sellers selling, but nothing competitive.
I’ve found 3 consultants with some track record of success, but 2 of them rejected to work on my case and 1 is trying.
Overall, I always expected that brands will send me IP infringment notices(chances were low, as I took low risk themes(trademarks)), but not the Amazon. Previously, Amazon could send “suspected infrigment notice” for listings, but not to be a judge for the whole account.
Additionally, I’ve noticed fewer and fewer items in my niche available for sale on FBA. The ones that remain don’t seem to have trademarks, or there’s been some clever wordplay with trademarks.

Currently, I have 3 questions.

  1. I have sent a POA via account health and it was rejected with the same reply. Maybe I should try some direct Amazon email, too?
  2. How can I get my goods from FBA? Should I contact them be email or wait for automatic removal. Currently, I am blocked from removing the whole inventory.
  3. Has there something changed recently, as I see a lot messages about Amazon suspending accounts and requsting LOA’s?
2

There are many situations where you can sell products inspired by characters or popular media. Have you received any actual rights owner complaints?

What were the IPs involved?

Were there just suspected complaints, or what exactly was it?

3

Had only suspected complaints
Did not receive any actual rights owner complaints for years
IP(trademark) registered by a very big company, not some indie stuff

4

It would help if you shared the brand name. Some names are very protected by Amazon.

What have you done after receiving these suspected complaints? Did you delete the listings or just leave them in your inventory?

5

This name is very protected for sure. That’s from those type of names when creating new listing on Amazon it says you can’t use it. And it is possible to use it only with a word play. But still this exact brand name could be and was used by me directly in the same way as it was trademarked in USPTO, without word play or something similiar(my mistake).
I did not have to delete suspected infringements, I’ve edited them within 3 days as required by Amazon and issues never stiked my health rating. So these ASINs were left in the inventory.

6

This sounds like you were well aware of the problem. If you were selling copies of known brands and using the brand name in the description as well, this is a serious problem.

Is it just the brand name or were there logos or anything else?

7

Sure I was expecting a problem, but was not aware that it will happen in this way, especially after studying forums and other Amazon sellers activities on the marketplace.
I was making and selling handmade items and they all had a depiction of popular characters, but without logos and trademarks on items. Some titles had trademarks, by my mistake and account was suspended for one of such ASINs.
Those were not copies, but my original art and items were made from repurposed material.
So if someone could shed some light on my questions in the first post then I will be very grateful.

8

Always check the USPTO database first. Most character names are not trademarked and even if they are - they are trademarked in classes such as animation, TV, entertainment. If you are selling handmade watches or stickers (for example), then they wouldn’t be affected.

1 Like
9

Hello @MarkVolia,

I am sorry that I didn’t get back to you on OnlyFans. I was in the hospital and had some health issues. As @Muhammad says, most popular media terms will not cause issues, this is why many sellers are able to sell products inspired by various famous IPs.

Before selling anything, you should always check the local intellectual property databases in the market where you are intending to sell these goods, including USPTO or EUIPO. Look up the registered trademark class in which you are selling and check to see if the movie / series / character name is covered or not. If there isn’t a valid trademark, then you can freely sell.

On this basis, I would also present any preventative measures in a Plan of Action.

1 Like
10

Hello, Kika!
You need to be healthy!
Our society needs open, helpful and strong people like you:)
And, thank you Muhammad for reply, too

The trademark that Amazon used to deactivate my account is not registered by the class of goods I was selling in. So there is no legal basis for them to do this. I’ve sent them 1 POA that included information about the trademark class misrepresantation via Account Health page, but they returned the same deactivation letter with requirement to obtain a LOA for that trademark.

Maybe something was wrong in the POA or I need to send it to another email/Amazon department?
Currently, I have little to loose, so can share my POA here with the deactivation email, if that will help you to make some advice.

1 Like
11

Correction*
This trademark is actually covered in class 14 for some specific goods
In description to the trademark’s document it says: “necklaces, earrings, bracelets”
But my products - wall clocks are also part of class 14 in the USA
Even though wall clocks may fall under Class 14, if they are not listed in the trademark description, protection does not extend to them.
The trademark only covers the goods explicitly mentioned in the document
In my POA I said “While the title included the term in question, the product
category, clocks, is not covered by the trademark for this character.”

1 Like
12

If the title or description of your product mentioned the class covered under the trademark, then this forms a part of its description and offering to potential customers, therefore it’s unlikely Amazon would accept it.

It would be helpful if you shared the full Plan of Action and also the name of the rights owner.

13

Hi
I think my POA was great, but it looks like anything I will write to them will be rejected.
My second POA was rejected, too.
So now I can give a full text it:

"Thank you for your response and for outlining the required documentation. I am fully committed to resolving this issue in full compliance with Amazon’s guidelines and to providing all relevant documentation to demonstrate that my products are handmade, authentic, and not infringing on intellectual property.

I would like to clarify once again that the products in question, including ASIN BXXXXXXX, are handmade by myself from repurposed vinyl records. Given the nature of my handmade business, I do not rely on third-party suppliers for finished goods, nor do I source mass-produced items. I understand the need for transparency, and I am providing a full explanation of my process, along with corrective actions I’ve taken to ensure ongoing compliance with Amazon’s policies.

Root Cause Analysis

Upon review, the root causes of this suspension can be identified as follows:

Use of Trademarked Terms (Unintentional Misuse) :

  1. The product listing included a character name, “Jack Skellington,” without recognizing that the trademark had been registered in 2023. As a small handmade business owner, I was unaware that this character had become trademarked recently and did not intend to infringe on intellectual property.

Handmade Nature of Products (Lack of Invoices) :

  1. Since I create my products by hand using repurposed materials (such as vinyl records), I do not have traditional invoices from suppliers. This lack of formal supply chain documentation led to confusion during the listing review.

Listing Locked from Edits :

  1. Attempts to modify or remove the trademarked name in the title were hindered by Amazon’s title lock mechanism, which prevented me from making the necessary corrections to avoid this suspension.

Immediate Corrective Actions Taken

To address this issue and prevent future occurrences, I have implemented the following corrective actions:

Removed Trademarked Listings :

  1. I have immediately removed ASIN BXXXXXXX from my inventory and deleted all listings with potential intellectual property conflicts. These listings will not be relisted unless I obtain the proper authorization or trademark permissions.

Revised Listing Titles and Descriptions :

  1. I have reviewed and corrected the titles and descriptions of all my other listings to ensure no unauthorized use of trademarked names or terms. I am committed to fully complying with Amazon’s policies by avoiding any intellectual property infringements in the future.

Transparent Documentation :

  1. Although I do not have traditional invoices, I have provided the following documents to ensure transparency in my business operations:
    * Raw Material Receipts : I am submitting receipts for materials I use to create the products.
    * Proof of Self-Production : I have included a detailed description of my handmade process, showing that I am the sole creator of these items, along with images of my workspace and creation process.
    * Order Fulfillment Documentation : I have attached proof of shipping and fulfillment updates for the orders placed for the ASIN under review, including packing slips and customs declaration with tracking.

Enhanced Preventive Measures

To ensure full compliance with Amazon’s policies moving forward, I have implemented several additional preventive measures:

Thorough Intellectual Property Research :

  1. I will conduct comprehensive research on all characters, designs, or trademarks associated with my handmade products. I will ensure that any designs or references I use are either non-trademarked or properly licensed.

Proactive Product Listing Reviews :

  1. I will regularly audit all existing and future product listings to ensure that no trademarked terms or unauthorized intellectual property are included. This will be done before any product goes live to avoid future misunderstandings.

Handmade Product Labeling :

  1. To avoid confusion, I will clearly label all products as “handmade” in their descriptions and titles. This will ensure customers and reviewers understand that these items are not sourced from third-party suppliers and that there are no counterfeit or infringement concerns.

Self-Certification :

  1. For each listing, I will self-certify that the product is handmade by me and that all materials used are legally obtained and do not infringe on any intellectual property.

Regular Monitoring and Continuous Improvement :

  1. I will actively monitor my account to ensure continued compliance with Amazon’s guidelines. I will stay informed of any updates or changes to Amazon’s policies, particularly concerning intellectual property, and adjust my practices as needed.

Supporting Documentation

I am attaching the following documents to demonstrate the authenticity of my handmade products and my efforts to ensure compliance:

  • Raw Material Purchase Receipts : Proof of purchase for raw materials used in creating the product.

Proof of Creation : Images and a detailed explanation of the handmade process for creating clocks from a vinyl records.

  • Shipping and Fulfillment Documentation : Order confirmations, fulfillment updates, and shipping proof for the ASIN in question.

Conclusion

I sincerely apologize for any confusion caused by this situation. I am committed to following Amazon’s policies and to ensuring that my account is fully compliant moving forward. I respectfully request that you reinstate my seller account, as I have taken all necessary actions to resolve the issue and prevent any future occurrences.

Thank you for your consideration, and I am available to provide any further documentation or clarification as needed."

14

Yes, I’ve told Amazon in my first POA , that trademark was not covered by the goods described in the class 14. But took away that in my second POA.
Previuosly, I have received trademark complains on Etsy, but almost all of them were not under class 14 (that may include clocks).
I’ve read Amazon forums and it looks like Amazon is protecting brands despite the class they are registered. Especially big brands. So you can receive a suggested IP violation for trademark that is not under the class of goods you are selling.

15

Thank you for sharing. I have gone over your Plan of Action. It would be really helpful if you shared a picture of the final product or any other products which you are selling.

Please note that removing a trademarked term is never accepted as a correction by Amazon, as long as the product itself depicts or replicates some resemblance or signs associated with the mark.

Amazon recommends sellers to remove trademarked terms from listings in cases where the mentions of those terms is used merely as a keyword spamming and the product itself has nothing to do with the branding.

If Amazon went over your store and found that most of the products similarly violate the policies, then they would also reject the appeal.

I think that the mention of your sourcing of materials and invoices for them is unnecessary.

There are so many sellers who previously contacted me, who are selling t-shirts, mugs and similar items, which are all displaying movie characters, slogans etc. And these are normally difficult to get reinstated, unless they prove that they are going to sell a completely different category of products.

16

Yes, this is the actual product in question

81YlYIDbZvL.AC_SL1500
81YlYIDbZvL.AC_SL15001500Ă—1500 146 KB

And I think it still resembles the trademark in the title, despite the fact that the product never had it.
Would like to prove them that I am going to sell products in compliance.
Just, have low expactations to reinstate my account, actually.
And still got 900 items (59 ASINs) in FBA warehouse which are under review for authenticity and may be destroyed, too.
And the funds are frozen and they may keep the money.
I just did not expect Amazon to be the judge without the actual complaints from third parties.
And most of all I would like to return the products and funds.

17

Unfortunately, this product is contains depiction of copyrighted characters, it is not just inspired by the IP in question. Most people would confuse it with an officially licensed product.

Actually, if you are an artisan, you can purchase a license from the rights owner to be able to manufacture your own products using their intellectual property. These licenses are rarely expensive.

I personally purchased multiple intellectual property licenses in the past from major brands, such as The Hunger Games to be able to manufacture merchandise inspired by their movies.

2 Likes
18

Is there any way to return the inventory from FBA warehouse?
Money from the account?
By proving them that I am going to sell in a completely different category of products.
Recently, they asked me to provide the licensing agreement with Disney, so they could release the goods.
By mistake, they also mentioned ASINs that are not related to Disney in their list of ASINs in question.
Maybe it is possible to return those items, at least.

19

Do you have a copy of that communication asking about the licensing agreement?

Your work is really beautiful, in this case, I believe that Disney would agree to provide you a licensing agreement, if you wanted to purchase one.

Amazon in most cases doesn’t allow the withdrawal of inventory when there are authenticity or IP issues.

2 Likes
20

We received your submission, but do not have enough information to complete our review of your listings at this time.

Please provide an authorization letter or licensing agreement from the right owners of “The Walt Disney Studios” to demonstrate that you are approved to sell the merchandise in question.

In order to demonstrate the authenticity of your inventory, provide information about where you source your products that would demonstrate that they are genuine products.

  1. Provide supply chain documentation for the following ASINs:

ASIN: B07YSCQ6XW
Quantity: 5

ASIN: B07YSDXCTH
Quantity: 12

ASIN: B07YSLVK1Y
Quantity: 4

((long list of ASINs))

  1. Send us a more detailed response that includes the following information:
    – Invoices and receipts. You may remove pricing information, but the rest of the document must be visible. For ease of our review, you may highlight or circle the ASINs under review.
    – Supplier information including the supplier name, supplier phone number, supplier address, and website.
    – Item descriptions
    – Item quantities
    – Import or export documents such as bills of lading, commercial invoices, and packing lists.
    – Brand letters authorizing your use of third-party intellectual property.

How do I send the required information?
Submit this information to [email protected] within 30 days of the original notification sent on 10/20/2024.

What happens if I do not send the requested information?
If within 30 days of the original notification we do not receive the requested information or if you are unable to demonstrate the authenticity of your products, the relevant inventory under review may be disposed of in accordance with the Unsuitable inventory investigations policy.

Sincerely,

Seller Performance Team
Amazon.com