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  #1  
Old 04-26-2017
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Question Suspended IP infringement Amz US - Should we show them our good UK Amz account?

Hello Peeps,

Our US account has been suspended due to IP infringement with the "rights owner" complaining that we are selling ++++.
We are NOT selling ++++. This product was purchased directly from the manufacturer in a non-US country and is manufactured ONLY in this non-US country.

What is unusual about this situation is that the "Rights owner" that has complained, has trademarked the product name in the US and was only able to do so because the actual manufacturer of this product is unable to trademark their product in the US due to political reasons.
A buyer that has purchased this product from us in the past has actually left a review on one of the AMZ listings stating that this "Rights owner" is actually selling ++++ on his website!!

The "Rights owner" did not make a test purchase but I guess just cried ++++ to cause as much damage as possible.

I think Seller Performance will have no interest in the above and trying to explain this to them in our appeal will cause more harm than good.

We also have a very good standing 5 Star 100% positive FB UK account that we have had for many years.

My question is, Should we send them a link to our Amz UK account feedback in our appeal to show them that we have a good track record in the hopes that it will help our appeal? or is that likely to result in the suspension of our UK account too?

Thoughts please
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Last edited by metatrade; 04-26-2017 at 06:43 AM.
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Old 04-26-2017
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Default Re: Suspended IP infringement Amz US - Should we show them our good UK Amz account?

If you give them the UK account details, they may link the account and then it could eventually be suspended too. So I wouldn't recommend that. Regarding the IP rights, it looks like it's a very complicated situation. Hope you're able to get the account back.


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Default Re: Suspended IP infringement Amz US - Should we show them our good UK Amz account?

I don't recommend sharing information about another account of yours.
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Default Re: Suspended IP infringement Amz US - Should we show them our good UK Amz account?

don't be stupid enought to give your UK account. it won't help you.
Right owner has right to ban you from selling without their concern. eg: most of Nike shoes manifactured in China, of course you can buy Nike from grey or black market in China, same manifacture, same quality, but so what ? are your Nikes real ? NO, they are not, right owner still have right to sue you.
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Old 04-27-2017
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Default Re: Suspended IP infringement Amz US - Should we show them our good UK Amz account?

Quote:
Originally Posted by jane View Post
don't be stupid enought to give your UK account. it won't help you.
Right owner has right to ban you from selling without their concern. eg: most of Nike shoes manifactured in China, of course you can buy Nike from grey or black market in China, same manifacture, same quality, but so what ? are your Nikes real ? NO, they are not, right owner still have right to sue you.
1. Your post is not relavant to the question - Read the OP again, the legitimacy of the product is not in question.
2. Your post makes no sense, you are saying that if 2 buyers purchase the same product from the same manufacturer, one buyers product would be real and the other would not.
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Default Re: Suspended IP infringement Amz US - Should we show them our good UK Amz account?

Quote:
Originally Posted by metatrade View Post
1. Your post is not relavant to the question - Read the OP again, the legitimacy of the product is not in question.
2. Your post makes no sense, you are saying that if 2 buyers purchase the same product from the same manufacturer, one buyers product would be real and the other would not.

two buyers buy from same manifacture, one is right owner, one is not. of course the right owner has right to sue the other buyer. ( as long as the orher buyer use same brand)
genuine doesn't only mean made in same manifacture, also means you are the right owner.
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Default Re: Suspended IP infringement Amz US - Should we show them our good UK Amz account?

If I understood it correct, it looks like the trade mark owner just owns the name of the trade mark he doesn't own the product is that correct ?

The actual manufacturer in other country owns the product but he cannot claim this brand in US as it has been taken by someone else ?

If that is the case I am surprised to see your account getting suspended under these situations only listing gets delisted not the account. Anyways you can appeal back to seller performance team stating that this trade mark owner doesn't have any "Patents" of the product as he never owned it and is simply using his trade mark name which caused the account suspension. He can bring lawsuit against you under these circumstances but his case will be weak. Usually it only goes as far as to keeping from selling that's it (delist your listing). If he were to own "patents" situation could have been a lot worse and that's what amz normally looks for. Just try this no patent trick it might work.
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Default Re: Suspended IP infringement Amz US - Should we show them our good UK Amz account?

Quote:
Originally Posted by aikram View Post
If I understood it correct, it looks like the trade mark owner just owns the name of the trade mark he doesn't own the product is that correct?
The actual manufacturer in other country owns the product but he cannot claim this brand in US as it has been taken by someone else?
Yes, that's correct. I think in this situation it may be best to simplify the appeal and give them what they want - invoices, de-list the product and promise not to do it again etc.

Although it may be worth bringing it to their attention again in greater detail once they have made their decision.

Thanks
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Default Re: Suspended IP infringement Amz US - Should we show them our good UK Amz account?

Quote:
Originally Posted by jane View Post
two buyers buy from same manifacture, one is right owner, one is not. of course the right owner has right to sue the other buyer. ( as long as the orher buyer use same brand)
genuine doesn't only mean made in same manifacture, also means you are the right owner.
I'm sorry, I put the above into Google translate but still can't make head or tails of it.

But thanks for your input
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Old 05-01-2017
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Default Re: Suspended IP infringement Amz US - Should we show them our good UK Amz account?

Quote:
Originally Posted by jane View Post
two buyers buy from same manifacture, one is right owner, one is not. of course the right owner has right to sue the other buyer. ( as long as the orher buyer use same brand)

genuine doesn't only mean made in same manifacture, also means you are the right owner.

I'm not sure what you mean here either. If OP makes his purchases from any authorised retailer/distributor, his products are definitely genuine.


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