Policy Warning Received: delete listing and ignore or appeal?
Dear Community Members,
As a new seller I need some guidance. 12 hours ago I received the following notice from Amazon (Infringement Type: Counterfeit). I have deleted the listing in question from my inventory but what should I do now? This has not reflected in my account health yet. I dont have the inventory anymore so I don't want to take this matter any further by appealing. I believe it was a mistake on my end.
1. Will it go away on its own or I will see its effect on my account health in some time?
2. What will happen if I don't submit an appeal and leave it unaddressed?
3. Should I contact the complainant or stay quiet about it? (Already removed the listing)
The Notice:
Hello,
We removed some of your listings because we received a report from a rights owner that they may infringe the rights owner’s trademark. The rights owner communication about the alleged infringement and the listings we removed are at the bottom of this message.
Why did this happen?
We received a report from a rights owner that one or more of your listings are inauthentic. Listing content infringing on the intellectual property of others is against our policies.
We’re here to help.
If you need help understanding why your listings may infringe the intellectual property rights of others, please search for “Intellectual Property Policy” in Seller Central Help (https://sellercentral.amazon.com/gp/help/external/201361070).
How do I reactivate my listing?
Please provide the following to reactivate your listings:
-- An invoice, letter of authorization, or a licensing agreement from the manufacturer or rights owner demonstrating that your products are lawful. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff.
How do I submit this information?
Go to Received Intellectual Property Complaints under the Product Policy Compliance section in account health (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa) and locate the deactivation record for this product listing. Click on the Appeal button next to the listing deactivation record to submit information necessary to reactivate your listing.
Have your listings been removed in error?
If you have never sold or listed the product, please reach out to us and tell us.
If you think that the rights owner has made an error in sending the notice, please reach out to the rights owner and ask them to submit a retraction of this notice. We may only accept retractions that the rights owner submits to us directly. We do not accept forwarded or attached retractions.
Policy Warning Received: delete listing and ignore or appeal?
Dear Community Members,
As a new seller I need some guidance. 12 hours ago I received the following notice from Amazon (Infringement Type: Counterfeit). I have deleted the listing in question from my inventory but what should I do now? This has not reflected in my account health yet. I dont have the inventory anymore so I don't want to take this matter any further by appealing. I believe it was a mistake on my end.
1. Will it go away on its own or I will see its effect on my account health in some time?
2. What will happen if I don't submit an appeal and leave it unaddressed?
3. Should I contact the complainant or stay quiet about it? (Already removed the listing)
The Notice:
Hello,
We removed some of your listings because we received a report from a rights owner that they may infringe the rights owner’s trademark. The rights owner communication about the alleged infringement and the listings we removed are at the bottom of this message.
Why did this happen?
We received a report from a rights owner that one or more of your listings are inauthentic. Listing content infringing on the intellectual property of others is against our policies.
We’re here to help.
If you need help understanding why your listings may infringe the intellectual property rights of others, please search for “Intellectual Property Policy” in Seller Central Help (https://sellercentral.amazon.com/gp/help/external/201361070).
How do I reactivate my listing?
Please provide the following to reactivate your listings:
-- An invoice, letter of authorization, or a licensing agreement from the manufacturer or rights owner demonstrating that your products are lawful. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff.
How do I submit this information?
Go to Received Intellectual Property Complaints under the Product Policy Compliance section in account health (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa) and locate the deactivation record for this product listing. Click on the Appeal button next to the listing deactivation record to submit information necessary to reactivate your listing.
Have your listings been removed in error?
If you have never sold or listed the product, please reach out to us and tell us.
If you think that the rights owner has made an error in sending the notice, please reach out to the rights owner and ask them to submit a retraction of this notice. We may only accept retractions that the rights owner submits to us directly. We do not accept forwarded or attached retractions.
3 respuestas
Seller_4zBzdtgCyS9EI
I have seen a STEEP increase in sellers suspended for retail arbitrage/overstock pallets/store returns…. Some or all of this information applies to you. Your account may not be suspended yet. Maybe your funds are just on hold and you wonder when you will get paid.
Lot's of confused people here when it comes to Amazon's invoice/LOA requirements! (If a LOA was requested it MUST be provided and state permission to sell the brand ON AMAZON)
This usually confuses people that didn’t read Amazon’s policies (often also law) on sourcing, invoice requirements and Intellectual property.
Do you need a LOA (Brand's letter of authorization for you to sell their brand on Amazon) to list a product?
No, according to Amazon "in writing", you just need a distributor invoice showing you purchased 10 items of the same product to get approved to sell most brands
Can I get approved to sell items I purchased retail? Yes, sure, Whatever gets you to pay fees.
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So why would I suddenly need a LOA and my invoices are not accepted?
Because as soon as there is a complaint, from a buyer or competitor, claiming your item is not authentic,
Amazon will now request and demand... brand approved distributor invoices for everything you sold in the last year! And frequently along with that, they now want to see your LOA.
Amazon "assumes" you are authorized to sell the product, but they don't ask. They actually don't mind you to sell however you can and pay your fees, but will throw you under the next passing bus, at the first sign of trouble. While that sounds pretty mean, it really only catches up to sellers that didn’t waste the time to read laws and policies, before starting to run a business. The information has always been there. You agreed when you signed up that you understood all the policies. You just didn’t actually read them, who does…
That means without LOA and proper distributor invoice, your account will remain suspended for selling "counterfeits", for all affected products, any sales proceeds in your account will be confiscated and any products you have at FBA and cannot produce these documents for, will be destroyed as counterfeit.
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How is buying from Cosco/Walmart/Alibaba/Overstock pallets……. an issue?
To proof authenticity, one has to look at the supply chain.
From Brand to authorized distributor, from distributor to retailer from retailer to end consumer.
That supply chain ended, when you purchased it at retail. The manufacturer lost all control over the product at THAT POINT, the sale to you, the END CONSUMER. Since nobody can control if the product you are reselling is the actual product you got a receipt for, the supply chain (and authenticity) cannot be validated.
That also means all warranties and product backing also ends with you, holder of the receipt (not an invoice!!), and your product cannot be resold as new, as it now lacks that FULL warranty time (at least) and manufacturer backing. A new products MUST include all warranties
So what can I do now?
Honestly? Likely nothing, unless you have the required paperwork. You can try to go to Amazon’s seller university and watch the videos and then write an appeal apologizing and telling them what you did wrong, how and what you have learned now and that you will never list items again you are not authorized to sell.
Problem is, they will want to know how and where you will source your products in the future and unless you have a legit business, you wont get a wholesale account and brand approval easily. But you will need a distributor and a LOA to go with your appeal.
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So what do they need in my invoice to proof my items are authentic?”
INVOICES
Copies of invoices, receipts or other similar documents that demonstrate where your products are produced or manufactured
You invoice should include
• detailed list of products (at least 10 per item, Product name, model number or UPC that can be verified online)) ,
• terms of sale (net30/net60/cash..)
• must be by the brand itself or a brand authorized distributor (not a retail store for the general public, not some back door pallet seller wanna be distributor )***
• your full business name and address, as entered in seller central
• a COMPLETED transaction ( order shipped),
• suppliers full name and contact details, (e-mail, phone or both)
• Should reflect the sales volume of your product across all Amazon marketplaces in the last 365 days
• Should demonstrate your product’s full supply chain
**Should include contact information for the supplier(s) and the original manufacturer. We may contact suppliers or manufacturers to verify the documents
Your documents should be able to trace your products to the original manufacturer even if you did not purchase them directly from the original manufacturer. This may require requesting additional invoices or supply chain documentation from your supplier if you are not sourcing directly from the manufacturer.
Any brand approved distributor will provide supply chain documents! They are not asking for invoices showing the distributor purchased from the brand, they are asking for proof that the distributor is a brand authorized distributor. A contract between the brand and that distributor. That contract may also include information about limitations, such as certain products may only be sold to retailers with a B&M, or some products may not be offered at online marketplaces. Supply chain documentation may include material disclosures, substance declarations, compliance certificates, and especially certificates of origin
Seller_rI7BZIczK8iAC
Amazon is somehow gracious these days. Many sellers got suspended for listing "inauthentic" products (means without written permission from the brand owner and an INVOICE from an authorized distributer).
You just got a warning.
Of course you will not appeal because you know that you cannot provide these two elements.
As I said, Amazon is gracious with you and I don't see any danger actually. To delete the listing was OK, but the system will remember for life that you DID list counterfeit. If I remember well, a warning will appear in your account health and stay there for 180 days.
So from now: don't list without permission from the brand owner. Because a second IP complaint means suspension of your account.
Cade_Amazon
Hello @Seller_Ho0X8JFXdMv2t,
Thank you for utilizing the seller forums. I hope you are having a wonderful day.
As you have mentioned, I understand that you received an infringement notice and thank you for sharing the performance notification you have received.
Per our Intellectual Property Policy for Sellers policy, all sellers must follow federal, state and local laws as well as amazon policies and not to infringe on the IP rights of the rights/brand owner.
1. Will it go away on its own or I will see its effect on my account health in some time?
2. What will happen if I don't submit an appeal and leave it unaddressed?
3. Should I contact the complainant or stay quiet about it? (Already removed the listing)
When an IP violation occurs, it happens due to a complaint by the rights owner because they do not recognize giving you permission to sell their products and the rights owner believes you are selling counterfeit items. Deleting the product from your inventory does not remove the violation. Do you have permission from the rights owner to sell their products? Depending on the severity of the violation, the violation may affect your account health rating. If you do not address the violation in a timely manner, it will affect your account to the point of potential account deactivation. If it does not affect your account, the violation may fall off after 180 days but will most likely not get reinstated if you have not addressed the violation.
You should have received an additional performance notification with the complaint ID and the rights owners information. I would suggest reaching out to them and ask for a retraction. If the rights owner does not retract the complaint, you will want to dispute it with supporting documents such as a letter of authorization/licensing agreement or invoices. Do you have supporting documents to provide to dispute the violation?
@Seller_4zBzdtgCyS9EI and @Seller_rI7BZIczK8iAC has mentioned good points in their responses.
The forums community and I are here to assist you. Please let us know if you have any additional questions or concerns from this point forward.
Best,
Cade