At least it’s more specific on the issue as Amazon sees it. I don’t see how to get past it though.
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Hunting through the OSFE one might check the posts from years ago when Michelle Shocked wanted to keep her music off of Amazon.
Sellers found a similar resistance by Amazon to reinstating listings. And that was when they were reinstating other incorrect IP violation complaints.
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Yeah, I’m as ok as I can be w/ the violation at this point. Just felt good to reply at all… can’t explain it but thanks for helping at least let me do that.
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WOW, just had a fascinating call with a rep from the Account Health team to talk about this violation (they proactively called me since I was above 250 b/f this). Anyhow, here’s the rundown:
I can resubmit my appeal with 1) respond with rights doc from the claimant lawyer (a no go), 2) acknowledgement that I listed the book but it never sold and won’t do that again (for this particular listing), or 3) provide proof with a screenshot or link that “personality rights” do not apply to books or should not in this case. Or I can 4) acknowledge the violation and accept I was in error.
The rep, who was very professional btw, though with a thick accent I had trouble with, stated that option 4 would lead me to get the missing account health points back and I could move on.
I shared I could care less about the book/listing, but am more curious how Amazon proposes used book sellers like me to avoid this in the future for any and every other book. He basically said he couldn’t other than the steps outlined above.
Overall I did get the sense he wanted to help me fix this and was trying to nudge me into the best options.
@packetfire Any suggestions on where to get what he’s asking for for option 3 above?
Thanks!
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PS: I will add that he said he researched the complaint b/f my call and verified it was valid. When I asked him to provide a link or serial # for USPTO for the claimant, he said someone else actually researched it and he wouldn’t be able to provide it. To me, this indicates they’re full of ■■■■ and just take whatever the claimant says at face.
All this could be partially alleviated if they didn’t ding you as a seller out of the gate. Like why not do that after the appeals process has been exhausted? Dumb.
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Wikipedia has an extensive article on personality rights, which differ by state.
They are a mixture of statute, case law and common law. In other words a lawyer’s ■■■■■■■■■.
If you feel the need, you can find it at this link
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Yeah, escalate this absolute fuster-cluck to Amazon Legal at the addresses below:
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
Phone: (206) 266-4064
Fax: (206) 266-7010
E-mail: [email protected]
Courier address:
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA
Here’s what I’d say, and I spent decades keeping my customers happy, and keeping several dozen staff lawyers from suing my customers, as it helps no one when one sues one’s biggest customers, even if they are a bunch of pirates, thieves, tramps, and grifters:
*1 The “rights” being asserted here were not supported with any evidence of any “Carlos Santana” trademark or other formal granting of rights by USPTO or any state.
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The complainant may have something to say to the publisher, but to bully a mere seller of used books is clear TRADEMARK ABUSE.
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As you know “Personality Rights” are a state-by-state creation of the courts, and apply to unauthorized uses of the likeness of the “famous” person.
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First, Carlos Santana is long dead, and second, the book is a biography of Carlos Santana, so as a seller I have clear NOMINATIVE RIGHTS under any and all laws to describe the goods being sold regardless of the opinion(s) of the complainant.
As a seller, I am being asked to “acknowledge the violation and accept I was in error.” in order to resolve this matter, but THIS IS A CLEAR MATTER OF SIMPLE FREE SPEECH. It does not matter if the attempt to “ban” a book is a religious crusade or, as in this case, mere greed. Either way, this is clear “prior restraint”, and any argument would be between the publisher and the complainant. A mere seller is NOT a party to the dispute, nor is Amazon.
Stop this bullying by this very ill-advised party, who MAKES THE CLEARLY FALSE ASSERTION that “personality rights” exist nationwide, and have the same force as a trademark.
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@packetfire Well ■■■■. I already tried the options given by the Account Health Rep listed above and all failed. So I ended up acknowledging it and just accepting it to kill it. 
The last checkbox I had to check off when doing so said I understand similar future violations can cause account deactivation and I will prevent it from happening again. I’d laugh, if it wasn’t a catch 22 to accept it.
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I may still do as you suggest with the letter and hope it gets it totally removed. Who knows. Can’t hurt, I think.
PS: Santana is still alive 
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This is why you write Amazon Legal about this, as if you were to take this seriously, you could not sell ANY BIOGRAPHY ever again. That’s bullcrap. This is why you raise the issue, even after you were bullied by Amazon into admitting to an error. You can ask them how (other than never selling any biography) THEY would suggest that you “comply” with such a nonsense expectation from Amazon.
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Indeed, if Amazon or other internet marketplaces were consistent, which they are not, it would be the case.
Shirer’s Rise and Fall of the Third Reich, in its bestselling paperback edition has been taken down by Amazon in the past because of the ■■■■■■■■ on the cover. (note that Discourse censors the name of the symbol - it supports my point exactly).
The number of celebrities who claim Personality rights infringement is still relatively low, and many celebrities believe that even bad publicity is better than no publicity.
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