@Lights-way (Light_way) posted a new topic, subject "Account deactivated due to Intellectual Property Complaints". It read:

   Hello everyone,  
    My account was deactivated on 19.06.2021 due to intellectual property infringement. Below the email we received:
    [code] 
        Hello,
         
        Your Amazon selling account has been deactivated. Your listings have been removed. Funds will not be transferred to you but will be held in your account while we work with you to address this issue. Please ship any open orders to avoid further impact to your account.
         
        Why did this happen?
        We arrived at this decision because we were unable to verify information related to your seller account, or did not receive any new information regarding your listings or selling history.
        
        ASIN: B07PSKZ31X (Counterfeit), B07VQ6YPFL (Suspected Counterfeit), B07SSZRXD5 (Suspected Counterfeit), B07QCRL3HQ (Suspected Counterfeit), B07SC7HV59 (Suspected Counterfeit), B07BX9RZ6M (Suspected Counterfeit), B00KS3JC30 (Suspected Counterfeit), B074SJWWQR (Suspected Counterfeit), B08CXL3YQ8 (Suspected Counterfeit), B08B172YPS (Suspected Counterfeit).
        
        
        You can view your account performance and more details on the ASIN(s) at (https://sellercentral.amazon.ca/performance/dashboard?reftag=email_block) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing against the performance metrics and policies required to sell on Amazon.
         
        We're here to help.
        If you need help better understanding what is causing this, please search for "Intellectual Property Violations" in Seller Central Help (https://sellercentral.amazon.ca/gp/help/external/201361070). 
         
        How do I reactivate my account?
        To reactivate your selling account, please send us the following:
        A plan of action that explains:
        -- The root cause(s). 
        -- The actions you have taken to resolve the notices of infringement or violation of Amazon's policies.
        -- The steps you have taken to prevent infringement or violating Amazon's policies.
        
        If you believe your account was deactivated in error, follow the instructions at the bottom of the Reactivate Your Account page and provide following information:
        -- An explanation of why the deactivation should be reversed.
        -- Evidence supporting your belief that this was an error.
         
        For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff. These documents must be authentic and unaltered.
         
        How do I send the required information?
        Please submit this information by clicking the “Reactivate your account” button on Account Health (https://sellercentral.amazon.ca/performance/dashboard).
         
        What happens if I do not send the requested information?
        
        If you do not send the requested information within 20 days, your account may be deactivated permanently across all marketplaces in the region of your enforcement. Funds in your account may be held for up to 90 days or longer depending upon the marketplace. Depending on your account status and activities, you may be required to complete an additional review before funds can be released. In some marketplaces—such as Japan, United Arab Emirates, Saudi Arabia, and Egypt—funds may not be returned depending on review. Amazon may withhold payments if we determine that your account was used to sell inauthentic or prohibited goods, commit fraud, or engage in other illegal or abusive activity.
        
        What is my region?
        You can identify your region based on the marketplace where you are suspended.
        -- The following marketplaces are in the Americas region: United States of America, Canada, Mexico, and Brazil.
        -- The following marketplaces are in the Europe, Middle East, and India regions: United Kingdom, Germany, France, Italy, Spain, Netherlands, Turkey, United Arab Emirates, Saudi Arabia, Egypt, and India.
        -- The following marketplaces are in the Far East region: Japan, Australia, and Singapore.
         
        -- iOS: https://itunes.apple.com/us/app/amazon-Seller/id794141485
        -- Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&am...;hl=en
        
    [/code]
    
    We submitted a plan of action and received the below email from Amazon:
    [code] 
        Hello again,
        
        Thank you for submitting a plan of action. We reviewed your appeal, but at this time this information is not sufficient to reactivate your account as the following information is missing. Please provide the following missing information in your plan of action:
        
        — Detail the root cause of the infringement.
        — A detailed description of the actions you have taken to address this infringement.
        — A detailed description of the steps you have taken to prevent such violations in the future.
        — Detailed explanation of why you think the error occurred.
        
        Please provide any one of the below documents for proving authenticity of your listings:
        — A letter of attorney or license agreement from the rights owner that proves that your product is authentic. You can find the contact information of the rights owner in the listing deactivation communication you have received.
        — Invoice indicating that your product is genuine.
        — Revocation requests sent directly to Amazon by the rights owner. You can find the contact information of the rights owner in the listing deactivation communication you have received.
        
        Has your account been deactivated in error?
        If you think your product was incorrectly removed, please let us know why. Your explanation should include an explanation for how your account has not violated the brand's intellectual property along with documents mentioned above to support authenticity.
        
        Where should this information be sent to?
        Please submit an appeal by clicking the Reactivate Account button on the Account Health (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa) page to reactivate your account. If you want to submit additional information, click the View Appeal button and submit additional information as required.
        
        What happens if I do not send the requested information?
        If you do not send the requested information within 20 days, your account may be permanently deactivated in all marketplaces in that jurisdiction. Funds in your account may be held for 90 days or more, depending on each marketplace. Depending on your account status and activities, you may be required to complete an additional review before funds can be released. In some marketplaces, such as Japan, United Arab Emirates, Saudi Arabia, and Egypt, funds may not be refunded depending on the circumstances of the audit. Amazon may withhold payments due to you if we determine that your account sells counterfeit or counterfeit or prohibited products, engage in fraudulent activities, engage in other unlawful activities, or abuse.
        
        Which region do I belong to?
        You can identify the region you belong to based on the marketplace you are deactivated.
        — The following marketplaces belong to the Americas region: United States of America, Canada, Mexico, and Brazil.
        — The following marketplaces are in the EMEA region: UK, Germany, France, Italy, Spain, Netherlands, Turkey, United Arab Emirates, Saudi Arabia, Egypt, and India.
        — The following marketplaces belong to the Far East region: Japan, Australia, and Singapore.
        
        You can view balance and settlement information in the Payments section of Seller Central. If you have any questions about this, please email hernandezerin@example.net。
        
        You can view your account performance in two ways: either by accessing https://sellercentral.amazon.ca/performance/dashboard?ref=ah_em_mpa and selecting “Account Health” on the home screen of the Amazon Seller app using an iOS or Android device. The Account Health dashboard displays the performance metrics your account needs to meet to sell on Amazon and how it is performing in terms of policy compliance.
        — iOS: https://itunes.apple.com/us/app/amazon-seller/id794141485
        — Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en_US
        
    [/code]
    
    Here the last updated Plan of Action, would you please help before we submit again. Any help is the most appreciated!
    
    Dear Amazon Seller Performance Team,
    
    Thank you for providing me the opportunity to appeal my seller account's suspension due to intellectual property complaints.
    
    **Greater details on the root cause of the issue:**
    
      1. We received trademark infringement complaints for ASINs: B07PSKZ31X, B07VQ6YPFL, B07SSZRXD5, B07QCRL3HQ, B07SC7HV59, B07BX9RZ6M, B00KS3JC30, B074SJWWQR, B08CXL3YQ8, B08B172YPS.  
    We have listed products which included Brand/Trademark names without permission of the Right owners.  
    **The reason for this was because:**  
    • We did not receive permission and certificate of authorization from rights owners before selling their products.  
    • We did not check first with rights owners to see if we were allowed to list their products on Amazon.  
    • We did not receive the licensing agreements and brand authorization certificate from rights owners before selling their products on Amazon.  
    We take full responsibility for having violated Amazon's policies, even though we had no intention to do so.
    
    
    
    **Greater details of the actions we have taken to resolve the issue:**
    
      1. We completely removed all listings from our Amazon store, including which we received complaints. We will not relist them until we get the licensing agreements and brand authorization certificate from our authorized wholesalers or manufacturers.
      2. We have contacted rights owners to ask them to send a retraction notice to Amazon and requested Certificate of Authorization' as soon as possible.  
    • ASIN: B074SJWWQR: We contacted Right owners through contact information in the original Amazon letters, we received error stating the address could not be found or is unable to receive e-mail, but we immediately removed and returned them to supplier after we received the complaints.  
    • ASINs: B07VQ6YPFL, B07SSZRXD5, B07SC7HV59, B07BX9RZ6M, B00KS3JC30, B08CXL3YQ8, B08B172YPS: We contacted Right owners through contact information in the original Amazon letters. The rights owners have not responded, we immediately removed those items and returned them to supplier after we received the complaints.  
    • ASINs: B07PSKZ31X, and B07QCRL3HQ: We contacted Right owners through contact information in the original Amazon letters and requested ‘Certificate of Authorization'. The rights owners have not responded us, but complaints removed or withdrew.
    
    
      3. We contacted an attorney who helped us understand all IP policies by explaining them in detail and to guide us on how to remain safe in future. The attorney has educated us on intellectual property rights.
      4. We reviewed the business solutions agreement with Amazon and Amazon's Policies, paying careful attention to Amazon's Anti-counterfeiting Policy and Intellectual Property for Rights Owners, Prohibited Seller Activities, Restricted Products, Customer Product Reviews Policies, Trademark Usage Rules, and Product Detail Page Rules to prevent such complaints.
      5. We carefully reviewed our entire inventory to make sure that all our listings are fully compliant with Amazon's policies and guidelines. We requested licensing agreement and brand authorization certificates from rights owners of our entire inventory we procured from suppliers.
      6. We have contacted our suppliers and confirmed that they are authorized distributors.
      7. We contacted and asked for the brand authorization certificate and licensing agreements from our suppliers to let them know we are selling on Amazon to prevent rights owners reporting us for trademark infringement. We returned all products that we did not receive the brand authorization certificate or licensing agreement.
    
    
    
    **Greater detail on the steps we have taken to prevent the infringement going forward:**
    
      1. We will audit each and every listing to make sure that each product we are selling is authentic, authorized, compatible, and matches exactly the product being depicted in the listing in every way, and does not violate any copyright, design patent, trademark or trade name of any third parties.
      2. We will not join any listings without first verifying that we are not infringing on anyone's Intellectual Property. We will verify that the products or listings do not violate anyone's intellectual property, trademark, design patent, copyright, or a patent.
      3. Before listing any products on Amazon, if our supplier is a manufacturer, we will contact the Rights Owner to ask their permission to sell their products on Amazon with all steps below apply to any future products or listings we seek to sell on Amazon.  
    • If the Rights Owner says yes, we will ask them for an authorized letter before we list the product on Amazon. Products will not be listed until authorized letter received.  
    • If the Rights Owner says no or does not reply, we will never buy from any distributor and never list the product on Amazon.
      4. Before listing any products on Amazon, if our supplier is an Authorized wholesaler a valid letter of agreement from the manufacturer will we be inquired and the Authorized wholesaler will be asked to issue a letter of agreement to our company.
      5. We will double check information about “Listing Requirement” in “Seller University” weekly, to ensure that we met all the requirements before listing any product for sale on Amazon.
      6. To ensure continued compliance and address the issues, we will regularly read and re-read the Amazon guidelines and policies to make sure that we are no in violation of any of the Intellectual Property for Rights Owners, Restricted Products, Customer Product Reviews Policies, and Product Detail Page Rules.
      7. We will monitor all changes of policies, any applicable laws and the prohibited seller activities in Seller Central help which could affect us or our account and react proactively.
      8. We have an agreement with the attorney who is familiar with Amazon's policies to train and educate our team. He will be mentoring us twice a month.  
    We promise to only list products that comply with all Amazon's policies and guidelines, and applicable federal and state laws and regulations. We have reviewed all Amazon's policies and guidelines and will follow them, and I hope we will be able to continue selling on Amazon.
    
    
    
    Sincerely,  
    xxxx xxxx  
    xxxxxxx

So @Lights-way (Light_way) replied

    @Karen_Amazon @Sophie_Amazon @John_Amazon @Allen_Amazon @Cecilia_Amazon @Katie_Amazon @Aurora_Amazon @Ryan_dnh @Logan_Amazon
    
    Would please help me solve this issue

@Lights-way (Light_way) replied

    Any suggestion?

Then @DIB_Logistiks (DIB_Logistiks) said

    What were you selling?

So @Allen_Amazon (Allen_Amazon) replied

    @Lights-way
    
    Allen with Amazon here to assist. Thank you for providing this information. I will provide some feedback on your latest appeal.
    
    Lights-way:
    
    > **Greater details on the root cause of the issue:**
    > 
    > We have listed products which included Brand/Trademark names without permission of the Right owners.
    
    Based on the intital performance notification, this is a counterfeit complaint. As @DIB_Logistiks asked,
    
    DIB_Logistiks:
    
    > What were you selling?
    
    Can you provide us with a better understanding of these products? Where were you sourcing them from? If you believe the product to be authentic, are you able to provide invoices as requested? If the products are not authentic, why were you offering inauthentic items? Regardless of what you knew or understood about the authenticity of your products, do you understand why offering counterfeit items in either sense does not provide the best customer experience.
    
    Lights-way:
    
    > • We did not receive permission and certificate of authorization from rights owners before selling their products.  
    >  • We did not check first with rights owners to see if we were allowed to list their products on Amazon.  
    >  • We did not receive the licensing agreements and brand authorization certificate from rights owners before selling their products on Amazon.
    
    Why did you not get permission to sell on Amazon and obtain those authorization documents?
    
    Lights-way:
    
    > We take full responsibility for having violated Amazon's policies, even though we had no intention to do so.
    
    Taking ownership of the issue is definitely a great starting point, but you will need to provide a better understanding of your business practices overall, and why these practices were taking place. With that, you should provide an understanding of who is responsible for what. You use the term “we” throughout your plan of action, but I don't understand who “we” are in this instance. Providing an understanding of where the responsibility lies will only help to improve your plan of action.
    
    Lights-way:
    
    > **Greater details of the actions we have taken to resolve the issue:**
    > 
    >   1. We completely removed all listings from our Amazon store, including which we received complaints. We will not relist them until we get the licensing agreements and brand authorization certificate from our authorized wholesalers or manufacturers.
    > 
    
    > 
    > We carefully reviewed our entire inventory to make sure that all our listings are fully compliant with Amazon's policies and guidelines. We requested licensing agreement and brand authorization certificates from rights owners of our entire inventory we procured from suppliers.
    
    These two statements seem contradictory to one another. What is the current status of the listings that were found to be infringing as they relate to your account? What research was done to your remaining inventory to determine whether other listings should also be removed?
    
    Lights-way:
    
    > We reviewed the business solutions agreement with Amazon and Amazon's Policies, paying careful attention to Amazon's Anti-counterfeiting Policy and Intellectual Property for Rights Owners, Prohibited Seller Activities, Restricted Products, Customer Product Reviews Policies, Trademark Usage Rules, and Product Detail Page Rules to prevent such complaints.
    
    What was your understanding of these policies and how have they influenced the immediate actions you have made with regard to these counterfeit claims, and how will they influence future prevention?
    
    Lights-way:
    
    > We have contacted our suppliers and confirmed that they are authorized distributors.
    
    The suppliers may be authorized distributors, but they may not be authorized to distribute to other people for the purpose of reselling on platforms like Amazon. For any item that you choose to continue to sell, can you provide an understanding of what you have done in relation to your suppliers to obtain the necessary documentation to show you yourself have authorization to sell on Amazon?
    
    Lights-way:
    
    > Greater detail on the steps we have taken to prevent the infringement going forward:
    
    On a surface level, your preventative measures are good. Where they can be improved upon is with a better understanding of the root cause. Once we have that understanding we can better understand if these measures will help in preventing future counterfeit claims. Additionally, you will want to show who the “we” behind your preventative measures are. Who is responsible for auditing your listings? Who is responsible for obtaining authorization? Who is responsible for ensuring the products you sell are authentic and cannot be viewed as counterfeit?
    
    Please consider these things in your next draft and post it here so we can provide additional guidance if needed.
    
    Kind Regards,
    
    Allen

After which, @Lights-way (Light_way) added

    Hi @ Allen_Amazon  
    Thank you for feedback!
    
    Here the revised POA:
    
    Dear Amazon Seller Performance Team,
    
    Thank you for providing me the opportunity to appeal my seller account's suspension due to intellectual property complaints.
    
    **Greater details on the root cause of the issue:**
    
      1. I received counterfeit complaints for ASINs:  
    B07PSKZ31X; True Image Compatible Toner Cartridge Replacement for HP 26A CF226A  
    B07VQ6YPFL: UBeesize 54-inch Selfie Stick Tripod  
    B07SSZRXD5: UBeesize Cell Phone Tripod Mount with Wireless Remote  
    B07QCRL3HQ: UBeesize 60-inch Portable Lightweight Travel Tripod  
    B07SC7HV59: Lunvon Gel Queen Cool Memory Foam Bed Pillow  
    B07BX9RZ6M: SOJOS Cateye Sunglasses  
    B00KS3JC30: Signstek Digital Door Lock with Keypad  
    B074SJWWQR: BALEAF Women's 8"/ 7"/ 5" High Waist Biker Shorts Yoga  
    B08CXL3YQ8: Baseus Monitor Light Bar, Monitor Lights  
    B08B172YPS: ROCKBROS Photochromic Sunglasses for Men Women
    
    
    
    I sourced my products from wholesaler, and they are authentic. The wholesaler provides invoices after I sold the product. If products are not sold yet, they do not provide us invoice. I sell products, then wholesaler put our company name, address, logo etc. and ship to customer address.
    
    **The reason for counterfeit complaints was because:**
    
      1. I did not receive permission and certificate of authorization from rights owners before selling their products.
      2. I did not check first with rights owners to see if we were allowed to list their products on Amazon.
      3. I did not receive the licensing agreements and brand authorization certificate from rights owners before selling their products on Amazon.
    
    
    
    I did not know that I also need permission/brand authorization certificate from Rights Owners before listing products which included Brand/Trademark names. I take full responsibility for having violated Amazon's intellectual property policies.  
    Greater details of the actions I have taken to resolve the issue:
    
      1. I completely removed all listings from my Amazon store. I will not relist them until I get the licensing agreements and brand authorization certificate from the authorized wholesaler or manufacturers. Items we received complaints for were removed and returned to supplier.
      2. I have contacted rights owners to ask them to send a retraction notice to Amazon and requested Certificate of Authorization' as soon as possible.  
    • ASINs: B074SJWWQR, B07VQ6YPFL, B07SSZRXD5, B07QCRL3HQ, B07SC7HV59, B07BX9RZ6M, B00KS3JC30, B08CXL3YQ8, B08B172YPS: I contacted Right owners. The rights owners have not responded, I immediately removed those items and returned them to supplier after I received the complaints.  
    • ASINs: B07PSKZ31X: I contacted Right owners and requested ‘Certificate of Authorization'. The rights owners have not responded us, but complaints are removed or withdrew.
      3. I contacted an attorney who helped me, and my team understand all IP policies by explaining them in detail and to guide us on how to remain safe in future. The attorney has educated us on intellectual property rights.
      4. I did not know that I required to provide the brand authorization documents to sell branded products on Amazon. I and my team reviewed the business solutions agreement with Amazon and Amazon's Policies, paying careful attention to Amazon's Anti-counterfeiting Policy and Intellectual Property for Rights Owners, Prohibited Seller Activities, Restricted Products, Customer Product Reviews Policies, Trademark Usage Rules, and Product Detail Page Rules to prevent complaints.
      5. I and my team carefully reviewed our inventory to make sure that all our items are fully compliant with Amazon's policies and guidelines. I contacted and asked for the brand authorization certificate and licensing agreements from my supplier to let them know I am selling on Amazon to prevent rights owners reporting me for trademark infringement. I returned all products that I did not receive the brand authorization certificate or licensing agreement.
    
    
    
    **Greater detail on the steps I have taken to prevent the infringement going forward:**
    
      1. I will audit each and every listing to make sure that each product I sell is authentic, authorized, compatible, and matches exactly the product being depicted in the listing in every way, and does not violate any copyright, design patent, trademark or trade name of any third parties.
      2. I will not join any listings without first verifying that I do not infringe on anyone's Intellectual Property. I will verify that the products or listings do not violate anyone's intellectual property, trademark, design patent, copyright, or a patent.
      3. Before listing any products on Amazon, if my supplier is a manufacturer, I will contact the Rights Owner to ask their permission to sell their products on Amazon with all steps below apply to any future products or listings I seek to sell on Amazon.  
    • If the Rights Owner says yes, I will ask them for an authorized letter before I list the product on Amazon. Products will not be listed until authorized letter received.  
    • If the Rights Owner says no or does not reply, I will never buy from any distributor and never list the product on Amazon.
      4. Before listing any products on Amazon, if my supplier is an Authorized wholesaler a valid letter of agreement from the manufacturer will I be inquired and the Authorized wholesaler will be asked to issue a letter of agreement to our company.
      5. I will double check information about “Listing Requirement” in “Seller University” weekly, to ensure that I met all the requirements before listing any product for sale on Amazon.
      6. To ensure continued compliance and address the issues, I and my team will regularly read and re-read the Amazon guidelines and policies to make sure that we are no in violation of any of the Intellectual Property for Rights Owners, Restricted Products, Customer Product Reviews Policies, and Product Detail Page Rules.
      7. I and my team will monitor all changes of policies, any applicable laws and the prohibited seller activities in Seller Central help which could affect us or our account and react proactively.
      8. I have an agreement with the attorney who is familiar with Amazon's policies to train and educate me and my team. He will be mentoring us twice a month.  
    I promise to only list products that comply with all Amazon's policies and guidelines, and applicable federal and state laws and regulations. I and my team have reviewed all Amazon's policies and guidelines and will follow them, and I hope we will be able to continue selling on Amazon.
    
    
    
    Sincerely,  
    xxxxx

To which @Lights-way (Light_way) replied

    @ Amar_Amazon  
    @ Raya_Amazon  
    @ JwsMarket  
    @Karen_Amazon  
    @ Venessa_Amazon
    
    Please help me !

Then @Lights-way (Light_way) said

    @ M_L_H  
    I find your comments on some other POA as very helpful. I need your suggestion as well

Then @Amar_Amazon (Amar_Amazon) said

    Hello @Lights-way,
    
    I have gone through your plan of action and found you have almost covered all the points.
    
    Kindly proceed in appealing through account health dashboard via appeal button.
    
    Please note the final decision will be taken by the appeals team in whether the appeal is viable or not.
    
    Best regards,  
    Amar.

So @Powered_by_Amazon (Powered_By_Amazon) replied

    Lights-way:
    
    > I sourced my products from wholesaler, and they are authentic
    
    Buying from a wholesaler does not mean your products are authentic. It is common for “wholesalers” to be liquidators or a low tier distributor. While the “wholesaler” may be an authorized reseller of the product they sold you, the product cannot be re-sold by you as new as it is materially different.

After which, @system (system) added

    This topic was automatically closed 180 days after the last reply. New replies are no longer allowed.


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