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How to complain and avoid sudden Amazon account infringement issues?
November 28, 2022
Table of Contents
1/ Common Account Violations — Infringement
2/ If an infringement notice is received, how can I launch a self-inspection?
3/ How do I file an appeal after the self-inspection has been completed?
4/ Tips to avoid infringement
5/ Frequently Asked Questions Q&A
1/ Common Account Violations — Infringement
2/ If an infringement notice is received, how can I launch a self-inspection?
3/ How do I file an appeal after the self-inspection has been completed?
4/ Tips to avoid infringement
5/ Frequently Asked Questions Q&A
Most sellers have probably experienced being flagged as infringement. This is one of the most common issues with policy compliance violations, and is often a hot topic of discussion among Amazon sellers.
If you are bothered by infringement issues, want to prevent infringement issues, or don't know how to file a complaint, then quickly subscribe to this article. Xiaobian has compiled a complete infringement avoidance guide for you!
1. Review performance notifications, account status pages, and determine the type of violation
Sellers are advised to check the account status page daily, with particular attention to suspected intellectual property infringement and intellectual property complaints. After clicking View Violations, the reason for the violation will appear next to the offending ASIN. There is a date next to the reason; please check the corresponding performance notice or the seller's Amazon email address for the date shown to further understand the appeal requirements or how to activate the ASIN.
2. Determine whether the product itself is infringing or the product detail page is infringing
When you receive a violation warning, be aware of the reason and type of violation that was flagged for further investigation of the infringement. Generally, there are two causes of infringement: infringement of the product itself and infringement of the product detail page.
It is recommended to first check whether the product was designed by the company itself or purchased from a supplier. Sellers can use the following questions to further investigate the source of the infringement.
Design your own
● Where did you find design inspiration?
● What sources do you get the print design on the product?
● Has intellectual property inspection been carried out before the product is manufactured?
● What steps do you use to check existing patents to ensure that your design does not include patented elements?
● What sources do you get the print design on the product?
● Has intellectual property inspection been carried out before the product is manufactured?
● What steps do you use to check existing patents to ensure that your design does not include patented elements?
Purchased from supplier
● Is it verified that the product or the content printed on the product is protected by intellectual property rights?
● Is the supplier authorized to produce/sell this product?
● Are suppliers required to provide documentation to verify that they are copyright owners/licensed manufacturers/authorized distributors?
● Have you verified the documentation provided to you by the supplier?How to verify it?
● How to verify that the product does not infringe on the authenticity of other products?
● Is the supplier authorized to produce/sell this product?
● Are suppliers required to provide documentation to verify that they are copyright owners/licensed manufacturers/authorized distributors?
● Have you verified the documentation provided to you by the supplier?How to verify it?
● How to verify that the product does not infringe on the authenticity of other products?
🔺 Examples of infringement of the product itself: The product itself/product design/product packaging being sold is infringing.
The product detail page is divided into two parts: an image and a text description, and sellers are required to confirm the origin of both in detail.
images
● Do you check the source of the images?
● Are the images taken by yourself, downloaded online, or provided by the supplier?
● Have you checked the copyright issues on the images?Does the image contain unauthorized trademarks?
● Are the images taken by yourself, downloaded online, or provided by the supplier?
● Have you checked the copyright issues on the images?Does the image contain unauthorized trademarks?
Text description
● Did you write the product detail page description yourself?
● Does the text copy someone else's original content?
● Does the text description have trademark text?
● Does the text copy someone else's original content?
● Does the text description have trademark text?
🔺 Example of a product detail page violation: The product detail page uses someone else's original title/detail page/image content.
3. Use professional tools to check for violations
Different sales sites are subject to different laws and regulations and Amazon policies. Different countries have corresponding official intellectual property websites, such as patent websites, copyright websites, trademark websites, etc. Therefore, sellers are responsible for checking the relevant websites before listing products to ensure that none of the listed products have intellectual property issues.
‼Note: Sellers are required to search online for official intellectual property search websites in different countries, including but not limited to WIPO, UK IPO, EU IPO, US PTO, or PlatPat.
Intellectual property infringement claims are generally divided into ASIN-level claims and account-level claims. You need to first determine the type of intellectual property that is suspected of being infringed, and then take the corresponding appeal method according to the type of violation.
1. ASIN level appeal
There are two main types of ASIN-level violations: suspected intellectual property infringement and intellectual property complaints.
Alleged intellectual property infringement violations are usually determined as a result of Amazon's internal investigation.
If a violation is admitted, how can I file a complaint?
● If the violation on your account status page is an alleged trademark misuse (note that this violation may show different suffixes, such as suspected misuse of the trademark logo, suspected misuse of the trademark text, etc.), then you need to click the edit button on the right side of the offending page and edit your ASIN to remove the allegedly infringing content of this ASIN.
● If you are in another category of suspected intellectual property infringement violations, you will need to file a corresponding appeal based on whether your ASIN has been removed from Amazon's inventory.
● If you are in another category of suspected intellectual property infringement violations, you will need to file a corresponding appeal based on whether your ASIN has been removed from Amazon's inventory.
① If your ASIN has been removed:
You need to click the “Submit Appeal” button on the right side of the appeal page, then check the box to acknowledge your violation and check the appropriate options to ensure that the products you sell next comply with Amazon regulations and do not infringe any other intellectual property rights.
You need to click the “Submit Appeal” button on the right side of the appeal page, then check the box to acknowledge your violation and check the appropriate options to ensure that the products you sell next comply with Amazon regulations and do not infringe any other intellectual property rights.
② If your ASIN hasn't been removed:
You need to correct your ASIN first to ensure that no potentially intellectual property infringing content is displayed on that ASIN's product detail page. You can then submit it by clicking the “Submit Appeal” button on the right side of the appeal page, after which the Amazon review team will review your corrective actions to see if infringing content is still displayed on your product detail page.
You need to correct your ASIN first to ensure that no potentially intellectual property infringing content is displayed on that ASIN's product detail page. You can then submit it by clicking the “Submit Appeal” button on the right side of the appeal page, after which the Amazon review team will review your corrective actions to see if infringing content is still displayed on your product detail page.
If the violation is not acknowledged, how can I file a complaint?
● If you disagree with the determination of suspected intellectual property infringement, you can first conduct a detailed review of your affected ASIN to determine whether you have a corresponding intellectual property license or directly own that intellectual property. If it is confirmed that you have it, you can review it according to the method described below.
① For suspected trademark misuse:
You can click the “Submit an Appeal” button on the right side of the appeal page, then click “Contact Us” on the page to submit appropriate evidence to prove that you actually have the right to use the trademark.
You can click the “Submit an Appeal” button on the right side of the appeal page, then click “Contact Us” on the page to submit appropriate evidence to prove that you actually have the right to use the trademark.
② For other suspected intellectual property infringement violations:
You need to click the “Submit Appeal” button on the right side of the appeal page, then click “Your product was mistakenly discontinued?” to submit more relevant information to prove your right to use this intellectual property.
You need to click the “Submit Appeal” button on the right side of the appeal page, then click “Your product was mistakenly discontinued?” to submit more relevant information to prove your right to use this intellectual property.
‼Important Reminder: When your account status page shows an alleged violation of intellectual property rights, do not remove the ASIN until the violation has been successfully addressed.
An intellectual property complaint usually refers to a complaint of infringement from a rights holder.
If a violation is admitted, how can I file a complaint?
● Contact the rights holder to withdraw the complaint;
● Appeal: Click the “Admit Violation” option and submit.
(Note: Once you acknowledge the violation, the ASIN will not be resold)
● Appeal: Click the “Admit Violation” option and submit.
(Note: Once you acknowledge the violation, the ASIN will not be resold)
If the violation is not acknowledged, how can I file a complaint?
● Submit a power of attorney or license agreement from the manufacturer or rights holder (patent infringement can also provide a utility patent/design patent invoice applicable to the EU, UK, TRBR, and a counternotice for copyright infringement).
‼IMPORTANT REMINDER:
① If you do not acknowledge the violation and are unable to submit a power of attorney or license agreement from the rights holder, Amazon will not be able to help you recover the item.
② Once you acknowledge the violation, the review team will review it again to confirm whether the violation can be removed from your account status page. You can wait patiently and then refresh the page to see if the violation has been removed. If the violation continues to show up on your account status page, you'll need to resolve the violation in two other ways.
① If you do not acknowledge the violation and are unable to submit a power of attorney or license agreement from the rights holder, Amazon will not be able to help you recover the item.
② Once you acknowledge the violation, the review team will review it again to confirm whether the violation can be removed from your account status page. You can wait patiently and then refresh the page to see if the violation has been removed. If the violation continues to show up on your account status page, you'll need to resolve the violation in two other ways.
2. Account-level appeals
When the infringement rises to the account level, your account may be suspended within 72 hours or already suspended.
If a violation is admitted, how can I file a complaint?
● Contact the complainant to withdraw the complaint;
● Appeals: You need to write a detailed action plan, including root causes, solutions, and precautions, and submit it by clicking on the appeal channel on the Amazon seller platform.
● Appeals: You need to write a detailed action plan, including root causes, solutions, and precautions, and submit it by clicking on the appeal channel on the Amazon seller platform.
If the violation is not acknowledged, how can I file a complaint?
● Violations of the same category require the submission of different documents, as follows:
① Confirmed/potential counterfeiting:
Submit the manufacturer/rights holder's power of attorney or license agreement. Potential counterfeiting requires the submission of an additional valid invoice.
Submit the manufacturer/rights holder's power of attorney or license agreement. Potential counterfeiting requires the submission of an additional valid invoice.
② Trademark infringement on trademarks/product detail pages:
Submit an invoice, or an authorization letter or license agreement from the manufacturer/rights holder.
Submit an invoice, or an authorization letter or license agreement from the manufacturer/rights holder.
‼Note: Invoices are not valid for trademark infringement on product detail pages/images.
③ Pirate/ Product detail page text or image infringement:
Submit an invoice, or an authorization letter or license agreement from the manufacturer/rights holder.
Submit an invoice, or an authorization letter or license agreement from the manufacturer/rights holder.
‼Note: For accounts that have been suspended, an additional legal statement or DMCA (DMCA-Digital Millennium Copyright Act is a legal document in the US that includes all types of copyright infringement, including images, text, product packaging, and piracy). For copyright on images and detail pages (such as product packaging, keywords, ASIN names, etc.), removing the changes will not resolve the issue. If the product is indeed a pirated product that is not authorized by the rights holder, then the invoice provided by the seller will not be accepted.
④ Patent infringement:
Submit a power of attorney or license agreement from the manufacturer or rights holder, or an invoice directly from the rights owner.
Submit a power of attorney or license agreement from the manufacturer or rights holder, or an invoice directly from the rights owner.
‼Note: For accounts that have already been suspended, an additional legal notice must be submitted.
1. Please do a good job of intellectual property inspection before listing
Regardless of whether the product is sold or not, any infringing content after listing will be deemed an intellectual property violation by Amazon.
2. Don't use content you're not sure if it's infringing
Before listing, sellers need to know all the information about the product in detail and conduct a thorough intellectual property investigation of the product and product detail page. Any uncertain product content may result in infringement violations.
3. Use the authoritative intellectual property search tool of the sales site to check the listing
Each intellectual property search tool can be limited, and sellers are advised to understand the types of intellectual property the tool they use and the sites they cover before using it. Additionally, sellers are also advised to use multiple inspection tools at the same time to achieve comprehensive inspection results.
4. Regularly check whether the products on sale are infringing
Some products are not infringed before listing, but they may also be protected by intellectual property registered by other sellers after listing, so it is particularly important to check intellectual property rights regularly.
5. Don't add random punctuation to descriptions and titles
If not necessary, do not include punctuation marks in descriptions and titles. Adding punctuation marks to some plain text may cause trademark infringement.
6. Avoid listing products with similar brand designs
Listing products with similar brand designs may result in a risk of being complained by the rights holder. Once marked as a violation, the seller may lose the appeal due to lack of authorization from the rights holder.
❓ Q1: I removed all the ASINs suspected of infringing intellectual property rights. Why did the appeal still not pass?
Once you have received a violation, please do not rush to remove the ASIN; be sure to follow the next steps required by the appeal button. The appeal requirements for each type of infringement are different, and removing an ASIN will not completely eliminate suspected intellectual property infringement violations. In some cases, sellers are required to remove the offending text/image before completing the next steps. If the seller removes the ASIN without removing the violation, in some cases, they can upload it again using the template (remember to remove the offending text/image) and then appeal.
❓ Q2: My registered trademark has been sold, what should I do?
This is determined by the territorial nature of trademark protection. If you have registered a trademark with the US Trademark Office, then opened a European website, and continue to use this trademark, but are not registered in the EU, there is a risk of trademark infringement, such as counterfeiting and subsequent sale. Sellers can try joining the Amazon Transparency transparency program to greatly reduce the risk of being counterfeited and sold across sites.
You can click on the tweet to learn more about Transparency's transparency program: Just now! Amazon provides anti-counterfeiting and follow-up protection for 20,000 items per ASIN for free!👈
You can also log in to Amazon Seller Central and enter “Transparency Program” directly into the search box to view details.
You can also log in to Amazon Seller Central and enter “Transparency Program” directly into the search box to view details.
❓ Q3: I checked everything when it was listed, why is the text infringing?
This situation may be because the seller checked all the linked content on the US site and then synced to another site, but did not check the automatically translated text by the system, which led to text infringement.
❓ Q4: If I acknowledge the infringement, how can I resolve this complaint?
After receiving the violation warning, if the seller finds that there is an actual violation in the listed product or product detail page, it is recommended that you click the appeal button and submit a complaint according to the content displayed on the page (for example: check the box to acknowledge the issue, submit an action plan, contact RO to withdraw the complaint, or correct the infringing content).
❓ Q5: If I click the “Admit Infringement” appeal button, will my account be suspended?
Admitting infringement does not result in immediate account suspension, but there is a risk of suspension if the same infringement occurs in the future. Before clicking “Acknowledge Infringement”, sellers must study the corresponding policies, find out the root cause of this infringement, and take corresponding preventive measures, so that the same thing can be fundamentally avoided.
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