Intellectual Property Complaints/Counterfeit without a test buy
Hello,
We have received 'Counterfeit without a test buy' claims on two new listings.
Amazon is offering multiple options to appeal this. The option we chose was submitting an invoice from our distributor.
We submitted the invoice for both products, highlighting the product on the invoices and made sure the invoice had all the details required. We also reached out to Amazon seller support via phone for more information and the representative on the phone told us everything on the invoices shows exactly what is being asked for.
After the representative confirmed the invoices were valid and in compliance, we submitted them under the appeal option on our account health page.
A few hours went by and both submissions were responded to at the same time, expressing there is not enough information at this time to remove these violations. Then below it shows the additional information required stating we can either provide a letter of authorization or submit an invoice from the manufacturer, distributor, or retailer with again the same information the phone representative confirmed with us to be valid and in compliance already.
We are not sure what to do at this point as these products are authentic and the invoices we are submitting are exactly what Amazon is requesting from us to submit for the appeal and the invoices have been verified by an Amazon seller phone representative.
We hope someone can provide some more insight on this issue and how we can resolve or escalate it.
1. ASIN: B08FR7X3MS
Complaint ID: 15921967931
2. ASIN: B0D6QV9CXY
Complaint ID: 15920467221
Intellectual Property Complaints/Counterfeit without a test buy
Hello,
We have received 'Counterfeit without a test buy' claims on two new listings.
Amazon is offering multiple options to appeal this. The option we chose was submitting an invoice from our distributor.
We submitted the invoice for both products, highlighting the product on the invoices and made sure the invoice had all the details required. We also reached out to Amazon seller support via phone for more information and the representative on the phone told us everything on the invoices shows exactly what is being asked for.
After the representative confirmed the invoices were valid and in compliance, we submitted them under the appeal option on our account health page.
A few hours went by and both submissions were responded to at the same time, expressing there is not enough information at this time to remove these violations. Then below it shows the additional information required stating we can either provide a letter of authorization or submit an invoice from the manufacturer, distributor, or retailer with again the same information the phone representative confirmed with us to be valid and in compliance already.
We are not sure what to do at this point as these products are authentic and the invoices we are submitting are exactly what Amazon is requesting from us to submit for the appeal and the invoices have been verified by an Amazon seller phone representative.
We hope someone can provide some more insight on this issue and how we can resolve or escalate it.
1. ASIN: B08FR7X3MS
Complaint ID: 15921967931
2. ASIN: B0D6QV9CXY
Complaint ID: 15920467221
11 replies
Seller_mIcULEB6A5e86
Additional information:
Under 'Amazon Intellectual Property Policy' it states
4. Do I always need the rights owner’s permission to use a trademark in the creation of a product detail page?
Just because you are not the owner of a trademark, does not necessarily mean that you cannot sell another company’s product. Usually, the unauthorized use of a trademark in the creation of a product detail page is only infringing if it is likely to cause confusion as to the source, endorsement, or affiliation of the goods.
Example: If you are selling a genuine Pinzon sheet set and you are advertising the product as a Pinzon sheet set, you might not be causing confusion as to the source or affiliation of the goods (in other words, Pinzon) and, if not, are not infringing on the Pinzon trademark.
5. As a seller, when can I use someone else’s trademark in the creation of a product detail page?
Typically, a seller can use someone else’s trademark in the following circumstances:
When selling authentic goods, a seller may use a trademarked name to list those goods. For example, a seller who lists an authentic “Pinzon” product is not necessarily infringing on the owner of the Pinzon trademark because the seller is using the trademark to identify an authentic product.
7. What is counterfeiting?
Counterfeiting is a specific type of trademark infringement. A counterfeit is an unlawful total or partial reproduction of a registered trademark, or a mark that is very similar to a registered trademark, in connection with the sale of a product that does not come from the trademark holder.
Counterfeiting requires the use of a registered trademark on the product or packaging. A lookalike item sold on a separate product detail page without the improper use of a registered trademark is not a counterfeit, even though the item might look similar or identical to the trademarked product.
Section four states: Usually, the unauthorized use of a trademark in the creation of a product detail page is only infringing if it is likely to cause confusion as to the source, endorsement, or affiliation of the goods. The listing of the products was made by the brand/rights owner and would not cause confusion as we are listing the product under the correct listing showing the correct brand.
Section five states: a seller who lists an authentic “Branded” product is not necessarily infringing on the owner of the "Branded" trademark because the seller is using the trademark to identify an authentic product. The listing and our products follow this exact circumstance noted under section five.
Section seven states: a counterfeit is an unlawful total or partial reproduction of a registered trademark. The products listed are not reproductions, they are the actual products manufactured by the respective brand.
Seller_mIcULEB6A5e86
@Roberto_Amazon
@Christine_Amazon
@Lucre_Amzn
@Ricardo_Amazon
@Sunnie_Amazon
@Jurgen_Amazon
Can we please get some help with this issue. We have also submitted real-life product and manufacturer case-packed box images along with our invoice to provide proof of authenticity.
Emet_Amazon
Hello @Seller_mIcULEB6A5e86,
Thank you for posting your concerns with your intellectual property complaints.
We submitted the invoice for both products, highlighting the product on the invoices and made sure the invoice had all the details required. We also reached out to Amazon seller support via phone for more information and the representative on the phone told us everything on the invoices shows exactly what is being asked for.
After the representative confirmed the invoices were valid and in compliance, we submitted them under the appeal option on our account health page.
I would like to advise that no one from amazon who you can speak with can verify documentation as being valid, this is why we have a separate team to review these documents. They may be able to advise they meet our invoice requirements, but can not validate them to be accepted.
When it comes to intellectual properties, we are also looking at the supplier and if they are an authorized distributor for the product and brand. Have you verified your supplier is authorized by the brand?
ASIN: B08FR7X3MS
Complaint ID: 15921967931
Regarding this ASIN, I see this is associated to the use of iDOO, thus the brand may have concerns of sourcing to ensure your products do not infringe on their intellectual property, thus the request for invoices. When you provided these documents did they meet our requirements mentioned above?
ASIN: B0D6QV9CXY
Complaint ID: 15920467221
Similar to the first listing, this is a concern with the use of CHUBORY, which I do see was on the product images. as noted the same reason as the first ASIN, these brand or rights owners are attempting to protect their brands and confirm your products are associated to the mentioned brands and sourced appropriately. Did you have proper documentation for this product as well?
Product images or packaging will not be accepted to verify compliance in these situations as images of the product do not confirm valid sourcing. I would advise not providing product images in this situation as it may distract from more important details.
As mentioned above no one on a call can accept or "verify" your documentation, have you provided these documents in a case that I can review and if needed or eligible, pass to the appropriate teams for further review?
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
Emet_Amazon
Hello @Seller_mIcULEB6A5e86,
Thank you for posting your follow up information.
Case ID: 15947659981 (ASIN: B08FR7X3MS)
Case ID: 15947660461 (ASIN: B0D6QV9CXY)
Although I cannot confirm or deny these documents the major concern I see is that you're sourcing both of these from a "closeout" company. These companies source their products from a large number of locations which may make it very difficult to verify the fully supply chain of the product them selves. Per our responsible sourcing help page:
- Copies of invoices, receipts or other similar documents that demonstrate where your products are produced or manufactured
Do you have any supporting documentation that your using a valid supply valid supply chain who was approved by the brand itself who issued this complaint? What effort have you made in verifying your supplier prior to purchasing from them?
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
