IP Policy Help

I sell t-shirt products according to trends collected on google. My product with the keyword “Bing” was reported by Amazon to be infringing. I need a plan to recover my account, can you help me :frowning:

"We have taken this measure because one or more of your product listings are in violation of Amazon’s Intellectual Property Policy. Amazon previously alerted you of these issues through notifications sent to your email address on file on the ASINs below:

B08R21X8VS - Potential Trademark (BING)

How do I reactivate my account?
To reactivate your account, please send us the following information:
– The root cause(s) of each of the Intellectual Property policy violations listed above.
– The actions you have taken to resolve each of the Intellectual Property policy violations listed above.
– The steps you have taken to prevent each of the Intellectual Property policy violations listed above going forward".
@Kika

Hello @vinhattieu281,

thank you for posting into our forum. I am sorry to hear that your Seller Account has been deactivated due to alleged Intellectual Property Rights Infringement Complaints.

Were these actual Intellectual Property Rights Infringement Complaints submitted by a rights owner or just Suspected Intellectual Property Rights Infringement Complaints?

There is a big difference between these two, which also determines the approach to resolution.

Also, Amazon rarely suspension accounts following a single instance of a defect.

How many of such violations have you received?

Could you post here a screenshot of your Account Health Dashboard and also the list of defects which you received?

Hi Kika !
I have not received any complaints from the owners and these are just suspected violations of property rights.
I also received a similar message with another keyword before, and I think I have successfully appealed when Amazon has a letter instructing me to create a new product. Thank you for the guidance.

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This seems strange… when was your Seller Account deactivated? Since there are no defects shown, it indicates that they must have dropped off some 180 days ago.

So, since these are Suspected Intellectual Property Rights Infringement Complaints, it shouldn’t be difficult to appeal.

Do you currently have any other ASINs in your inventory?

Hi Kika !
My account was deactivated in November 2022 and all product listings were deleted as soon as the account was suspended. I tried to write a few plans but none of them were accepted. You can guide yourself. Thank you very much.

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Here is a Plan of Action which you can use:

Dear Amazon Europe Seller Performance Team,

thank you for providing me the opportunity to appeal my seller account’s suspension due to intellectual property complaints.

I understand that Amazon takes complaints about violations of intellectual property rights of brands or rights owners very seriously and I would like to share with you my Plan of Action in which I explain what I have done to resolve the issue and what will I do to prevent similar complaints in the future.

What happened:

  • I am a designer and seller of fashion accessories, which contain funny cartoons and various graphics depicting mockups of popular culture images, including movies, books, social media, celebrities and brands.
  • Some products included mockups of third party trademarked brand names and logos, which I now understand triggered Suspected Intellectual Property Rights Infringement Complaints.
  • I understand that Amazon prohibits the sale of merchandise which may infringe on intellectual property of third parties.

What I have done to address this problem:

  • I have immediately removed all listings from my store for which I received Suspected
    Intellectual Property Rights Infringement Complaints. I will not relist them until Amazon allows me to reinstate the content.
  • I removed all similar listings which appear that they may infringe on intellectual property.
  • I reviewed Amazon’s policy addressing trademarks and intellectual property to ensure I properly understand it.
  • I have carefully reviewed my entire Amazon account and inventory to make sure that all my listings are fully compliant with the Amazon policies and guidelines, especially the ones regarding trademarks and intellectual property.

What I will do to prevent similar complaints in the future:

  • Before listing any new products for sale on Amazon, I will verify that the products or listings don’t violate anyone’s intellectual property, trademark, copyright or a patent.
  • I will be seeing a license from relevant rights holders before creating any designs which contain their intellectual property.
  • I will regularly read and re-read the Amazon guidelines and policies to make sure that I am not in violation of any of the rules. Also, I will monitor all changes of the policies or any applicable laws, which could affect me or my account and react proactively.

I believe that this plan sufficiently addresses the issue and I hope I will be able to continue selling on Amazon.

Sincerely, xxxxxxxxx

Attachments: 1. Invoice from xxxxxxx for ASIN xxxxxxxx (proof of authenticity) - ASIN xxxxxxx is the 5th product on the invoice - “xxxxx product name xxxxx”

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@Kika :heartbeat: :heartbeat: :heartbeat:

Hello,

I understand that you sell t-shirt products based on trends collected from Google, and your product with the keyword “Bing” has been reported by Amazon as infringing on their Intellectual Property Policy. You are seeking assistance in formulating a plan to recover your Amazon account. I’ll do my best to provide guidance:

To reactivate your account, you need to address the issues raised by Amazon and provide them with the requested information. Here is a step-by-step plan to help you navigate the situation:

  1. Understand the violation: Review Amazon’s Intellectual Property Policy to fully understand the specific policies that have been violated. In this case, it appears to be a potential trademark text misuse with the product ASIN B08R21X8VS.
  2. Analyze the root cause: Determine the reasons behind the violation. Assess whether the use of the keyword “Bing” infringes on any trademarks or intellectual property rights owned by others. If you believe there has been a misunderstanding or that your use of the keyword is legitimate, gather evidence to support your position.
  3. Resolve the violations: Take immediate action to address the issues raised by Amazon. This may involve removing the infringing content, modifying the product listing, or discontinuing the sale of the specific product associated with the violation. Document the specific steps you have taken to resolve each violation.
  4. Prevent future violations: Develop a comprehensive strategy to prevent similar Intellectual Property policy violations in the future. This may include implementing stricter quality control measures, conducting thorough research on trademarks and intellectual property rights, and regularly monitoring your product listings for compliance.
  5. Submit a detailed plan of action: Prepare a formal and concise plan of action that addresses each violation individually. Clearly explain the root causes of the violations, the actions you have taken to resolve them, and the preventive measures you have put in place. Make sure to provide supporting evidence, such as screenshots or correspondence, whenever possible.
  6. Contact Amazon Seller Support: Submit your plan of action to Amazon Seller Support using the appropriate channels. Be patient and follow up if necessary. Ensure that your communication is professional, polite, and demonstrates your commitment to resolving the issue and adhering to Amazon’s policies.

Remember, I am an AI language model, and I don’t have access to specific account details. For personalized assistance and guidance, it is recommended to contact Amazon Seller Support directly. They will be able to provide you with specific instructions and further assistance throughout the account reactivation process.

I hope this helps you formulate a plan to recover your account. Best of luck, and if you have any further questions, please feel free to ask.

I submitted the plan according to your suggestion but it was rejected. Should I try sending again? @Kika

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I am sorry to hear that, could you post here the Plan of Action which you submitted?

This is my action plan that came with my purchase invoice. Thank you very much.
Dear Amazon Seller Performance Team,
Thank you for providing me the opportunity to appeal my seller account’s suspension due to intellectual property complaints.
Web results infringing on supply items may be potential trademark text abuse notices we receive about the following item/ASIN:
ASIN: B08R21X8VS
Title: Bada Bing TShirt
Type of Infringement: Potential Trademark (BING)
After a detailed analysis of the current situation regarding the suspension of my account, we realized what had happened. Here is our plan to address potentially abusive trademark text item notices:
=> After a thorough investigation, I confirm that our violation was unintentional and due to ignorance. We believe this listing does not infringe the copyrights of its owners.
I understand that Amazon takes complaints about violations of intellectual property rights of brands or rights owners very seriously and I would like to share with you my Plan of Action in which I explain what I have done to resolve the issue and what will I do to prevent similar complaints in the future.
What happened:
• I am a designer and seller of fashion accessories, which contain funny cartoons and various graphics depicting mockups of popular culture images, including movies, books, social media, celebrities and brands.
• Some products included mockups of third party trademarked brand names and logos, which I now understand triggered Suspected Intellectual Property Rights Infringement Complaints.
• I understand that Amazon prohibits the sale of merchandise which may infringe on intellectual property of third parties.
What I have done to address this problem:
• I have immediately removed all listings from my store for which I received Suspected
Intellectual Property Rights Infringement Complaints. I will not relist them until Amazon allows me to reinstate the content.
• I removed all similar listings which appear that they may infringe on intellectual property.
• I reviewed Amazon’s policy addressing trademarks and intellectual property to ensure I properly understand it.
• I have carefully reviewed my entire Amazon account and inventory to make sure that all my listings are fully compliant with the Amazon policies and guidelines, especially the ones regarding trademarks and intellectual property.
What I will do to prevent similar complaints in the future:
• Before listing any new products for sale on Amazon, I will verify that the products or listings don’t violate anyone’s intellectual property, trademark, copyright or a patent.
• I will be seeing a license from relevant rights holders before creating any designs which contain their intellectual property.
• I will regularly read and re-read the Amazon guidelines and policies to make sure that I am not in violation of any of the rules. Also, I will monitor all changes of the policies or any applicable laws, which could affect me or my account and react proactively.
I believe that this plan sufficiently addresses the issue and I hope I will be able to continue selling on Amazon.
Sincerely,

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Well, here you are denying responsibility and further in your Plan of Action you are admitting that your products are infringing.

Specifically merchandise depicting pop culture can trigger these complaints, therefore it would be better to explain what happened and how you will prevent this from happening again. This could be by purchasing officially licensed products.

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