There are, or were, a few good eggs in there but it’s a lot of knowing what to ask and how to respond to their answers. They only know so much though and as new people are put it it’s getting weaker.
However, every seller I’ve had call I told over and over to take what they say with a grain of salt … and expect different answers with each call.
Hi,
That could be the case. But I can assure you that the account in question is fully operated in the US. I don’t even know what made them flag it.
None still. Thank you so much for your help in this matter.
I hired a firm, but even they were unsuccessful in pointing out my mistake or addressing the issue at hand. Alas, I don’t know what to do at this stage.
Also, I am in contact with Gildan now. They will be giving us a letter of authorization and also contacting Amazon. I have had multiple meetings with Gildan reps, which have been quite helpful.
You may be required to do Arbitration to get this fixed.
Wonderful to hear! Hopefully you can update us with a positive resolution soon.
Amazon finally got back to us after 6 months.
They replied back with:
Hello,
Thank you for your message. We cannot accept your appeal because it does not address the infringement issues alerted to you previously for the ASINs below:
-- ASIN: B0BJCCXR7P
-- ASIN: B0BJC96CG5
-- ASIN: B0BJC8BG6N
-- ASIN: B0BJCCKWDT
-- ASIN: B0BJCV6P7L
Please provide the following information so we can process your appeal:
-- Proof of non-infringement for all affected listings (such as invoices, order IDs, letters of authorization, licensing agreements, or court orders) for all affected listings.
-- An appeal with the following:
1. Greater detail on the root causes of the infringement
2. Greater detail on the actions you have taken to resolve the complaint
3. Greater detail on how your account has complied with our policy
4. Greater detail on evidence or examples that demonstrate your account has complied with our policy
-- Other relevant information.
-- Supporting details should you believe that the actions were made in error.
I am finally able to submit more information to Amazon now. I have devised the following POA, to address this issue.
Dear Amazon Team,
We appreciate your attention to this matter and understand the gravity of the infringement issues concerning the following ASINs:
ASIN: B0BJCCXR7P
ASIN: B0BJC96CG5
ASIN: B0BJC8BG6N
ASIN: B0BJCCKWDT
ASIN: B0BJCV6P7L
In response to your request, we provide the following detailed information and evidence:
Proof of Non-Infringement:
Invoices from our supplier Printful confirming the purchase and sourcing of non-Gildan branded products related to the affected ASINs.
Order IDs demonstrating the sale of non-infringing products.
Letters of authorization from Gildan permitting the sale of our branded merchandise.
Appeal Details:
a. Root Causes: We inadvertently included Gildan product images during initial product uploads from a third-party source. Despite our efforts to rectify this oversight, some listings were not adequately amended.
b. Actions Taken: Removal of all infringing listings, stringent review procedures implemented to ensure accurate product representation, and enhanced communication with suppliers to prevent future infringements.
c. Policy Compliance: Our ongoing commitment to complying with Amazon's Intellectual Property Policy is evident through continuous monitoring, immediate removal of infringing content, and proactive engagement with suppliers to obtain necessary permissions.
d. Evidence of Compliance: We provide screenshots of revised product listings, communication records with suppliers, and any other relevant documentation showcasing our adherence to Amazon's policies.
Supporting Details:
We believe the initial flagging of our account was a result of automated processes and misunderstanding, rather than deliberate infringement. Our efforts to rectify the situation demonstrate our commitment to compliance and rectification.
We respectfully request a thorough review of the provided information and appeal for the reinstatement of our account. We are fully committed to upholding Amazon's policies and contributing positively to the marketplace.
Should you require further clarification or additional documentation, please do not hesitate to contact us. Your prompt attention to this matter is greatly appreciated.
Thank you for your consideration.
Best regards,
@GGX I know I am asking for a lot. But I finally got an Amazon senior rep’s attention and they allowed us to submit more information after much deliberation. Can you also please take a look at this POA and see if everything I entered here is correct? and in a format that works for Amazon.
Amazon HATES screen shots. HATES them.
I will remove them.
You ended up getting a letter of authorization from Gildan? Would you be able to share this document (with your personal information removed) so we can take a look to see if it meets all of Amazon’s requirements? (There’s no guarantee that it will be accepted if it meets all requirements, but if it missing stuff it will most certainly be rejected). Also if there’s any strings attached to the authorization those are important to know for the POA.
If this is the case I would attempt to appeal with the fact that you are authorized to use their trademark and that the automated flagging was incorrect. According to your original post you were hit with SUSPECTED IP violation. So now that you have permission directly from the brand you should be able to appeal on that basis.
Depending on what that letter of authorization says, I would appeal with something like
Root Cause: You failed to get written permission from the brand prior to using their trademark
Actions Taken: You contacted the brand, worked it out, and got written permission
How you Complied: You have obtained a letter of authorization from Gildan
Evidence of compliance: You have submitted your letter of authorization from Gildan as part of the appeal
I’m assuming the top part that’s blanked out is basically something like
TO:
Your name
Your address?
If so, then it meets the requirements that it contains your name and address.
Their letterhead is a bit of an unusual format where their name and address is on the bottom, but it does meet that requirement as well.
It does also sufficiently describe what’s being licensed and the scope/term.
I could potentially see some issues with the way it’s formatted, but it does look like it meets the requirements, and importantly, gildan is actually authorizing you to market your products with their trademark going forward. Which means you are allowed to specify that your products are printed on Gildan blanks.
You no longer need to remove infringing listings as part of your POA as you are no longer infringing.
If you cannot successfully appeal this through the normal path, I think arbitration could potentially be successful at reinstatement as the sole reason you were deactivated is now resolved.
This right here should be your golden ticket
@Ali, your planned submission and supporting documents look good to me–with the qualification that I am obviously not Amazon.
My only note is that because you mention the “third party” app/provider, it would likely be wise to mention how you will ensure that service or any future services will avoid making the same mistake in the future, more specifically than that you “discussed with suppliers”.
I suspect that Amazon will seek for you to name that app/service, too.
As always, I will default to @oneida_books expert opinion and recommendations.
Hi @papy and @GGX, Thank you for your incredible insights. I have made a final version of the POA and have incorporated all of your suggestions into it and have also consulted my contact with Gildan. Please tell me if I missed anything. I want this to work and I am grateful to everyone here.
Dear Amazon Team,
We appreciate your attention to this matter and understand the gravity of the infringement issues concerning the following ASINs:
ASIN: B0BJCCXR7P
ASIN: B0BJC96CG5
ASIN: B0BJC8BG6N
ASIN: B0BJCCKWDT
ASIN: B0BJCV6P7L
In response to your request, we provide the following detailed information and evidence:
Proof of Non-Infringement:
Invoices from our Gildan-affiliated supplier, Printful confirming the purchase and sourcing of Gildan products from a Gildan authorized supplier.
Letter of Authorization from Gildan permitting us to sell Gildan merchandise with our branding.
Appeal Details:
a. Root Causes: We inadvertently sold Gildan blanks with our branding on them without explicit permission from Gildan.
b. Actions Taken: We have obtained a Letter of Authorisation from Gildan.
c. Policy Compliance: Our ongoing commitment to complying with Amazon's Intellectual Property Policy is evident through continuous monitoring, establishment of a direct line of communication with all the brands we are working with, and proactive engagement with the said Brands to obtain necessary permissions before we start selling anything on Amazon.
d. Evidence of Compliance: We have obtained the Letter of Authorisation from Gildan for revised product listings, giving us permission to sell Gildan blanks with our own branding on them.
We are in direct communication with Gildan, Gildan's authorized Supplier Printful, and have obtained Letters of authorization from Gilda and product invoices from Printful showcasing our adherence to Amazon's policies.
Supporting Details:
We believe the initial flagging of our account was a result of automated processes and misunderstanding rather than deliberate infringement. Our efforts to rectify the situation demonstrate our commitment to compliance and rectification.
We respectfully request a thorough review of the provided information and appeal for the reinstatement of our account. We are fully committed to upholding Amazon's policies and contributing positively to the marketplace.
Should you require further clarification or additional documentation, please do not hesitate to contact us. Your prompt attention to this matter is greatly appreciated.
Thank you for your consideration.
Best regards,
@GGX Yes you are correct, that lists our business’s address and contact details.
@Pepper_Thine_Angus Thank You! I hope it works!
I would leave Printful out of this. They don’t seem relevant in this case. The issue is purely Amazon suspecting you misusing Gildan. Other than that it looks good
I have removed Printful. I will just be attaching the letter of authorization from Gildan with this.
Dear Amazon Team,
We appreciate your attention to this matter and understand the gravity of the infringement issues concerning the following ASINs:
ASIN: B0BJCCXR7P
ASIN: B0BJC96CG5
ASIN: B0BJC8BG6N
ASIN: B0BJCCKWDT
ASIN: B0BJCV6P7L
In response to your request, we provide the following detailed information and evidence:
Proof of Non-Infringement:
Letter of Authorization from Gildan permitting us to sell Gildan merchandise with our branding.
Appeal Details:
a. Root Causes: We inadvertently sold Gildan blanks with our branding on them without explicit permission from Gildan.
b. Actions Taken: We have obtained a Letter of Authorisation from Gildan.
c. Policy Compliance: Our ongoing commitment to complying with Amazon's Intellectual Property Policy is evident through continuous monitoring, establishment of a direct line of communication with all the brands we are working with, and proactive engagement with the said Brands to obtain necessary permissions before we start selling anything on Amazon.
d. Evidence of Compliance: We have obtained the Letter of Authorisation from Gildan for revised product listings, giving us permission to sell Gildan blanks with our own branding on them.
Supporting Details:
We believe the initial flagging of our account was a result of automated processes and misunderstanding rather than deliberate infringement. Our efforts to rectify the situation demonstrate our commitment to compliance and rectification.
We have reviewed all Amazon policies around what products may be listed and sold on Amazon, and we have ensured that all our employees are aware of all policies regarding the listing of items.
We have reviewed all of our listings to ensure that they follow all rules and policies around intellectual property restrictions and instituted policies to ensure that all future items listed are authorized and permitted.
We respectfully request a thorough review of the provided information and appeal for the reinstatement of our account. We are fully committed to upholding Amazon's policies and contributing positively to the marketplace.
Should you require further clarification or additional documentation, please do not hesitate to contact us. Your prompt attention to this matter is greatly appreciated.
Thank you for your consideration.
Best regards,
That is incorrect. You did not receive that kind of permission. You can not sell Gildan blanks at all.
@oneida_books Thank You for catching that. Should I go with “Gildan Products with our branding on them” or “Gildan Merch under our brand name” instead here. Or its better to remove that line to avoid confusion.