New Suspected Intellectual Property Violation Appeal Ridiculousness

Account Health Intellectual Property
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1

Short version, we updated some images incorrectly and they had a trademarked logo on them from a different company. The images are of a different product and brand. We’re trying to switch them back but Amazon thinks we’re trying to modify a detail page with an entirely different product.

Long version: After updating the detail page with the wrong image, we received a violation for suspected intellectual property misuse. After updating the image, we had an appeal check list that says something along the lines of: “I have updated the image and it no longer uses the trademarked logo”. Essentially we just switched the image it back to what it was. But then there’s this line on the final page before submission:

“Removing the trademark from the image to avoid a violation will be seen as a new version of the product.”

Ok, no problem, we’re not modifying the image to remove the logo or circumvent a policy we’re just switching it back to what it was before, which was accurate. Now I have this gem of a response:

"We removed your listings because of concerns that your product may not comply with Amazon Intellectual Property Policies.

We notice the product listed had suspected infringing images on the product.

Your listing has been modified, and references to (redacted) brand or likeness have been removed and the listing do not accurately represent that is for sale or shows a different product entirely.

You must not use an existing listing for a new version of a product.

This includes changes in color, size, material, features, and product name.

Instead, create a new product detail page for each new version.

For example, a manufacturer updates its streaming media player by adding a new remote control with four buttons instead of two.

This product is materially different from the older version and it must be listed as a new ASIN."

Basically they’re saying because we replaced an image we very recently uploaded in error that had a trademarked logo with the original (that was there for years) that we’re now trying to list a completely different product and we should be creating a new ASIN. The listing is deactivated and the violation remains.

Fortunately this wasn’t widespread but the mistake was on about 10 different ASIN and with the same exact appeal checkbox path we got 3 of 10 reinstated.

Anyone else have experience with this? I’m thinking instead of replying to appeals through the account health dashboard that I should be going through Seller Support and asking for the catalog team. Then, keep persisting with that route until the listings are reinstated and then the violations should fall off.

Sound about right?

2

I contacted the catalog team and am waiting a response. It seems that will likely be the correct course of action. I think that trying to appeal catalog issues through the AHR dashboard forwards to a team that has more of a propensity to say no. The issue is switching an image back to what it was before.

The overarching problem here is Amazon tries to fix certain platform issues purposely caused by bad actors and if you end up in a situation where you’re trying to get help they assume the worst.

Here is the actual appeal information in case anyone is interested or dealing with this. Take note of #1:

To successfully appeal, you must submit the listing to Amazon for review after performing one of these actions:

    1. Verify that your images don’t display any logos or trademarks without permission from the rights owner and ensure that the image edits do not change the product identity. For example, t-shirt with Amazon Logo.Deleting the Amazon trademark logo to avoid the IP infringement will lead to product identity change.
    1. Remove the trademarked logo from the product detail page entirely if the image is in the background and not related to the protected brand, or
    1. Update the detail page to add compatibility terms before the trademarked term, if the product is compatible and uses the trademarked term to refer to another product. For example, “charger for Kindle E-Reader”, “charger compatible with Kindle E-Reader”, “charger made for Kindle E-Reader”.

Select the option below to resolve the Potential Trademark Logo Misuse Notice

I have updated the listing in compliance with Amazon’s Intellectual Property Policy. The listing no longer misuses a trademarked logo and can now be reviewed for activation.

3

Yes, and offer no clear means for obvious help. You just needed the images reverted to the previous version, if I understand correctly. That shouldn’t be a whole thing.

4

Yes that is correct.

It’s a whole thing. It’s always a whole thing. Amazon is a whole thing factory.