Amazon account deactivated due to Trademark infringement, Amazon keeps denying our POA

A few weeks ago, my Amazon account was deactivated due to no new information received about ASINs that were deemed trademark infringements. I have submitted several Plans of Action (POAs) and sought support from various sources. Despite my efforts, it seems that Amazon is no longer reviewing my submissions, and my attempts to escalate the issue higher have been unsuccessful.

Any advice or guidance would be greatly appreciated.

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Please post your orignal suspension message and your poa’s and we can assist you.

Welcome to SaS

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Original Suspension Message
"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 your account has received multiple intellectual property violations and we did not receive any new information regarding your listings or selling history.

ASIN: B0D6C5BDSB (Trademark), B0D3FSTZ8C (Trademark), B0CW94RBZ6 (Trademark), B0D4JDBH75 (Trademark), B0D6PCHDMB (Trademark), B0D3KZYD3P (Trademark).

…

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.

…"

Most recent POA
Dear Amazon Seller Performance Team,

I am reaching out regarding the suspension of my seller account due to intellectual property violations. I recognize the gravity of this issue and am dedicated to resolving it swiftly and ensuring no future violations occur. I have carefully reviewed the suspension notice and have taken the necessary steps to address and rectify the situation.

Root Cause Analysis:

After a thorough review, I have concluded that the infringement resulted from an oversight and a lack of awareness of Amazon’s Intellectual Property Policies. Although I strive to adhere to Amazon’s policies and guidelines, I inadvertently overlooked trademarked intellectual property violations in my product listings. This stems from creating a listing without reference to Amazon’s IP policies and a thorough understanding of a brand’s rights to its intellectual property. I fully understand the importance of respecting intellectual property rights and sincerely apologize for any inconvenience this may have caused.

Corrective Actions:

Immediate removal of infringing content: Upon becoming aware of the intellectual property violations, I promptly removed all listings and products that were in violation. I have thoroughly reviewed my inventory to ensure that no infringing content remains. I have addressed all of the received intellectual property complaints on my account.

Enhanced intellectual property research and validation: I have implemented robust intellectual property research and validation procedures to ensure the integrity of all future listings. I am utilizing reputable intellectual property search tools. I will ensure that all future listings are free from any form of intellectual property infringement.

Preventative Measures:

Training and education: I will participate in additional training to deepen my understanding of intellectual property laws, Amazon’s policies, and best practices for avoiding violations. This training will emphasize the importance of intellectual property rights, thorough trademark research, and strict compliance with Amazon’s guidelines. Please refer to the attached links under the “Supporting Documents” subcategory.

Quality control processes: I will establish more rigorous quality control measures to ensure that all products listed on Amazon fully comply with intellectual property rights. This includes a comprehensive multi-step review process to verify that each listing is free from any potential intellectual property violations.
Ongoing Monitoring and Auditing: I will continuously monitor my product listings to promptly detect and address any potential intellectual property violations. Regular internal audits will be conducted to ensure ongoing compliance with Amazon’s policies, Terms of Service, and intellectual property laws. I am fully committed to preventing future violations and maintaining a high standard of compliance. Additionally, I will regularly review and update my policies and procedures to reflect any changes in Amazon’s Terms of Service and developments in intellectual property laws.

Supporting Documents: Below are some of the materials I will be referencing to resolve and prevent any future IP policy violations. Additionally, I will be using these resources in the training and education of myself and my employees on Amazon’s IP policies.

Amazon’s Intellectual Property Policy for Sellers: This is an important resource highlighting Amazon’s IP policy for sellers and the relevant enforcement for IP infringement conducted both knowingly and unknowingly.
link
Amazon Seller University: Comply with Amazon’s intellectual property policy
This video provides training on Amazon’s policies and the best practices to ensure compliance with said IP policies.
link
Amazon Seller University: Prevent or Resolve IP policy violations
This PDF Summary Sheet outlines Amazon’s IP policy and why it is important. Additionally, it contains useful tips on how to remain compliant and actions to take regarding a policy violation.
(PDF attached below)

Amazon Seller University: Respond to an IP policy violation
This module provided by Amazon Seller University highlights the most effective way to respond to an IP violation in order to regain compliance.
link

I understand the gravity of these violations and their impact on the Amazon marketplace. I assure you that I will take immediate and appropriate actions to resolve this issue and prevent any future violations. I am committed to conducting my business on Amazon in a fair and compliant manner.
I kindly request your consideration in reinstating my seller account. I am prepared to provide any additional information or documentation necessary to support my case.
Thank you for your attention to this matter and for your understanding and cooperation.

Unfortunately that poa is too long. It also feels like I’ve read it before. Did someone provide this to you?

Edit to add. It appears you may have been warned prior to this and did not heed the warnings. Ip violations are serious as it becomes a legal issue. You can not show amazon that you did not violate ip, that’s a problem.

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Some of these items appear to have been listed as brand “Summer Fridays.”

Did you have authorization from the brand to sell on Amazon?

ETA:
No, I’m guessing you did not have authorization:

Amazon (visit our Amazon storefront here. Please note our only Amazon authorized reseller is FortressBrand / Fortress

This is a major problem for you.

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Waaaaaaaaaaaaaaaaaaayyyyyy to long.

I’'ve done a little bit of editing, but only you can really build this out based on what you did.

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Certainly not ideal. Seems like a steep climb. What do you think my next best step is? I’ve already looked into working with one company to help but I’ve become very skeptical of their expertise and don’t believe I’ll move forward with them. I’ll insert my more concise, refined POA. Let me know your opinion. TIA!

Dear Seller Performance,

We would like to appeal for the reinstatement of our seller account which was suspended due to alleged violations of Amazon’s Intellectual Property Policy. We understand that Amazon takes these complaints seriously, so we thoroughly examined our account to determine the root cause of the issue and implemented appropriate remedies.

Root Cause

Trademark Infringement:

  • Company name was deactivated due to an alleged trademark infringement on July 8, 2024. Specifically, six ASINs (B0D6C5BDSB, B0D3FSTZ8C, B0CW94RBZ6, B0D4JDBH75, B0D6PCHDMB, B0D3KZYD3P) related to Summer Fridays branded products were listed incorrectly as generic items despite being obtained from verified distributors. This misrepresentation triggered the account deactivation.
  • The infringement resulted from an oversight and a lack of awareness of Amazon’s Intellectual Property Policies. Creating a listing without reference to Amazon’s IP policies and a thorough understanding of a brand’s rights led to inadevertent trademark violations.

Corrective Actions

Immediate Corrections:

  • Company name promptly addressed the ASINs B0D6C5BDSB, B0D3FSTZ8C, B0CW94RBZ6, B0D4JDBH75, B0D6PCHDMB, B0D3KZYD3P mentioned on the Account Health page.
  • Then, removed all flagged listings and reviewed the account for any remaining listings that might infringe on any intellectual property rights.

Supplier Verification:

  • Verified and vetted all suppliers to ensure that all products are sourced directly from the rights owner or authorized distributors. Ensured all products have valid invoices supporting their authenticity.

Documentation Submission:

  • Attached copies of invoices for the specific ASINs B0D6C5BDSB, B0D3FSTZ8C, B0CW94RBZ6, B0D4JDBH75, B0D6PCHDMB, B0D3KZYD3P from verified supplier Sephora and Kohls. These invoices support the sales figures for the past 365 days prior to suspension.(refer to Exhibit A and B)

Preventive Measures

Enhanced Listing Process:

  • Established a robust listing process involving checking for trademark or patent registrations on the USPTO website and Google Patents before listing a new product on Amazon. Will not sell a product unless permission or authorization from the rights owner is secured before listing.
  • Implemented a more thorough review process for product details, ensuring that inventory matches the listing in every detail (product title, images, bullet points, brand name, manufacturer name, product description, and UPC/SKU numbers).

Staff Training and Policy Review:

  • Trained all staff members to comply with Amazon’s Intellectual Property Policy for Sellers, Anti-Counterfeiting Policy, and Product Detail Page Rules. Will conduct monthly reviews of these policies to keep up-to-date with any changes and ensure continuous compliance.
  • Designated a senior staff member responsible for daily monitoring of the Account Health Performance to promptly address and resolve any policy violations.

Supplier Vetting Process:

  • Implemented a vetting process for suppliers, requiring proof of an internal infringement prevention process. This includes checking if suppliers have inhouse legal support for ensuring products do not infringe on existing patents, trademarks, or copyrights.
  • Established an audit procedure to ensure that the products ordered from suppliers do not infringe on the intellectual property of others. This involves examining product samples or technical drawings with a patent attorney before making any purchases.

I kindly request your consideration in reinstating my seller account. I am prepared to provide any additional information or documentation necessary to support my case.

Sincerely,

1 Like

Thank you!!

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It is most likely those are not invoices but receipts.

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Never pay a company for a PoA. They are all templated and no effort is put into it at all. Amazon also knows these templates and rejects them fast. Also, do not listen to most “guru’s” esp if they have you pay via things like bitcoin or buymeacoffee or onlyfans.

@oneida_books has given you a ton of killer feedback here.

See, Amazon already knows this isn’t the case due to Summer Fridays very clear statement on their web site.
Writing a PoA is kinda like doing your taxes. Amazon already knows what went wrong and why, you have to show you know what and why also.

This is not quote the truth I feel. I’m just guessing, but I’m going to created generic listings to get around the brand listing restrictions after you tried to list on Summer Fridays official ASIN’s. Am I close? Remember Amazon already knows this.

None of this says you deleted the ASIN’s.

Lets circle back a second:

So your verification process is not proper.

These are NOT wholesale suppliers, and this is a deathnail. This right here is your problem.

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Appealing trademark issues is an uphill battle nowadays even with the proper documentation. If all you have are retail receipts they won’t be accepted for sure.

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I read your attempt at a POA as saying

I AM GUILTY. PLEASE REINSTATE ME.

That is rarely successful, and has not been for at least 15 years.

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I fear this may be another situation where tiktok, youtube, or a guru taught that retail sources are authorized and damaged another seller beyond repair. The even worse part is said tiktok, youtuber or guru will not help the seller.

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For those of us who still haunt the Amazon seller boards, the problem the OP has happens every day. If we see it 10 times a day on the boards, it is probably just the tip of the iceberg.

The old ways of sourcing for Amazon no longer work, and if one reads the new Amazon sourcing rules closely, every way that booksellers obtain their merchandise (auctions, estate sales, FOL sales, thrift shops, etc.) is now frowned upon, if not totally forbidden.

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Thank you very much for the input. Do you think paying a company to escalate the matter to Amazon’s Legal Department and/or executive team could be worthwhile? Does anyone know anything about escalations? Another major concern is Amazon is holding almost all of my capital and profit during this.

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There is nothing to escalate unfortunately. You do not seem to understand what/how you violated policy. You could pay a lawyer, but you did violate policy and a trademark, so there are legal issues here. I don’t think you will be getting any payout from Amazon.

Sorry

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If you take them to arbitration there’s a chance you can compel Amazon to release your funds to you.

There’s 0 chance they reinstate your account under these circumstances.

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