Warning: Notice of Intellectual Property Rights Infringement

[theapple]

Hi

I received this email from Amazon as I have a branded product on which normally sells without problem. Its a well known brand (apols but dont want to give the name out). How should I respond to this as its asking me to contact a certain person at a company. Should I email them and what to say? ...Pretty new to Amazon and scared of losing account if i dont get this right.... any thoughts much appreciated....



Greetings from Amazon.

We are writing to inform you that these offers have been removed from our Amazon.co.uk site:

.............

We took this action because we were notified by the rights owner that the offers infringe their intellectual property rights and may be counterfeit.

Per our policies, products offered for sale on Amazon.co.uk must be authentic. Any product that has been illegally replicated, reproduced, or manufactured is prohibited. For more information on this policy, search on “Prohibited Content” in seller Help.

To resolve this dispute, we suggest that you contact the rights owner directly:

Name:
email:

If you resolve this matter with the rights owner, please advise them to contact us at notice@amazon.co.uk to withdraw their complaint. We ask that you refrain from posting items manufactured by this rights owner until you have resolved this matter.

Amazon cannot comment on the validity, availability, or appropriateness of any legal rights you may have, nor provide legal advice. However, if you believe the complaint is unjustified, you may consider pursuing a legal remedy to prevent the submitter from issuing future unjustified intellectual property complaints against your offers.

Failure to comply with our policies may result in the removal of your selling privileges.

We appreciate your cooperation and thank you for selling on Amazon.co.uk.

[jeffweico]

If the items are counterfeit, then there is not much you can do. Amazon has a zero tolerance policy for counterfeits. The rights owner complained to them, so there is little they can do except to remove the listing.

If your items are legitimate, then you should contact the rights owner and see if they will give you their permission to sell the item. They will probably want to know what your source of the goods is and will either contact them directly to verify, or they will want receipts. I would only attempt this if your items are LEGITIMATE.

If you simply try to wait a few days and relist the item, Amazon will most likely close your account.

[unkown5454]

You should email them your DH.gate/Ali.ba.ba receipts.

[Gamefreak]

u guys are harsh!

email the rights owner your receipts. once you clarify stuff with them and they give you the OK have them contact amazon to resolve the issue. DO NOT try to re-list these items. you are lucky that amazon didn't just delete your account to begin with.

[ovidiu]

Let me assume your items are legit (if they aren't, too bad).

They are under no obligation to allow you to sell these items, because Amazon, US, UK, or otherwise, doesn't have any sort of counter notice system like eBay US does (yes, I know this is Amazon UK). If the rights owner decides not to be nice, legal action is your only recourse. They know this, which is why Amazon is a place where rights owners happily submit knowingly fraudulent take downs.

Adobe took down 2 of my listings (genuine, items that have never even been counterfeited). When I contacted they, they told me "I need their permission" to resell their items. Obviously untrue in the US, and a knowingly fraudulent DMCA takedown, but now I need to contact EFF or similar to fight them. Also a violation of Amazon's policy that they don't enforce exclusive distribution agreements.

[unkown5454]

Originally Posted by Gamefreak

u guys are harsh!

email the rights owner your receipts. once you clarify stuff with them and they give you the OK have them contact amazon to resolve the issue. DO NOT try to re-list these items. you are lucky that amazon didn't just delete your account to begin with.

OP has past posts about their orders from DH and Ali. Take a look for yourself chucko. I don't waste my time coddling all the people on here complaining about trademark violations when it takes just a few seconds to check their history and solve the problem.

[unkown5454]

Originally Posted by ovidiu

They are under no obligation to allow you to sell these items, because Amazon, US, UK, or otherwise, doesn't have any sort of counter notice system like eBay US does (yes, I know this is Amazon UK). If the rights owner decides not to be nice, legal action is your only recourse. They know this, which is why Amazon is a place where rights owners happily submit knowingly fraudulent take downs.

We have talked a lot about this before in the past. People still don't get it. These companies can do whatever they want. AZ and EB immediately bow down to them for obvious reasons.

People complain about false DMCA take downs on Google...haha, experience the unrelenting wrath of this nonsense in these top marketplaces. There is no recourse and there never will be. You are owed nothing.

[theapple]

Cheers guys , unfortunately dont think think i can get legit receipts for these. What should I do? Im not too bothered that they have removed the listings (I have a few other 'legit' items) but it states I should email the rights owner and then they should email amazon?! Should I do this or just ignore it? I reckon if I email them they will ask for receipts etc... cheers

[GreenBean]

If you are selling items that are not approved or allowed by any amazon platform, you are going to face the same scenario.

Rights Owners only want allowed and approved sellers.

Nothing else will work.

[theapple]

Originally Posted by GreenBean

If you are selling items that are not approved or allowed by any amazon platform, you are going to face the same scenario.

Rights Owners only want allowed and approved sellers.

Nothing else will work.

Not sure what you mean, do I need to email the rights owner or is it enough the listings have been removed?

[GreenBean]

The company may not give you permission.

They have rules about who sells their goods.

[rsot]

Originally Posted by theapple

Not sure what you mean, do I need to email the rights owner or is it enough the listings have been removed?

Even if listings are removed, if the company has rights...they will push back

[GreenBean]

Originally Posted by rsot

Even if listings are removed, if the company has rights...they will push back

Push back what?

Do explain this.

[rsot]

Originally Posted by unkown5454

OP has past posts about their orders from DH and Ali. Take a look for yourself chucko. I don't waste my time coddling all the people on here complaining about trademark violations when it takes just a few seconds to check their history and solve the problem.

unkown is on top of this

[GreenBean]

Originally Posted by rsot

unkown is on top of this

Parrot talk again.

Thought so.

[rsot]

Originally Posted by GreenBean

Parrot talk again.

Thought so.

You have been doing some too

[unkown5454]

Ama/zon will show you where the rabbit hole goes.

[jeffweico]

You can TRY to email the rights owner, but you could be stirring up a hornet's nest if you cannot prove your items are legitimate.

Amazon has not told you not to list ANYTHING, they simply do not want you to re-list the item that the rights owner complained about.

You might try listing something else, but if your "legitimate" supplier cannot provide receipts, then you could have a problem with ANY trademarked or copyrighted item.

[GreenBean]

Originally Posted by theapple

Cheers guys , unfortunately dont think think i can get legit receipts for these. What should I do? Im not too bothered that they have removed the listings (I have a few other 'legit' items) but it states I should email the rights owner and then they should email amazon?! Should I do this or just ignore it? I reckon if I email them they will ask for receipts etc... cheers

If these are what amazon knows to be grey imports, the Rights Owner is going to tell you to jump.

Face the facts. You got sprung selling a money making item. It might be the nicest item there is. But if there are ***IP*** limitations, you have no chance.

Continuing to sell may cost you an Amazon account.

***IP*** Intellectual Property

[MICKY H]

Are you selling the goods in the EU or the US. Where are you buying from.

[viatos]

Originally Posted by theapple

Hi

I received this email from Amazon as I have a branded product on which normally sells without problem. Its a well known brand (apols but dont want to give the name out). How should I respond to this as its asking me to contact a certain person at a company. Should I email them and what to say? ...Pretty new to Amazon and scared of losing account if i dont get this right.... any thoughts much appreciated....



Greetings from Amazon.

We are writing to inform you that these offers have been removed from our Amazon.co.uk site:

.............

We took this action because we were notified by the rights owner that the offers infringe their intellectual property rights and may be counterfeit.

Per our policies, products offered for sale on Amazon.co.uk must be authentic. Any product that has been illegally replicated, reproduced, or manufactured is prohibited. For more information on this policy, search on “Prohibited Content” in seller Help.

To resolve this dispute, we suggest that you contact the rights owner directly:

Name:
email:

If you resolve this matter with the rights owner, please advise them to contact us at notice@amazon.co.uk to withdraw their complaint. We ask that you refrain from posting items manufactured by this rights owner until you have resolved this matter.

Amazon cannot comment on the validity, availability, or appropriateness of any legal rights you may have, nor provide legal advice. However, if you believe the complaint is unjustified, you may consider pursuing a legal remedy to prevent the submitter from issuing future unjustified intellectual property complaints against your offers.

Failure to comply with our policies may result in the removal of your selling privileges.

We appreciate your cooperation and thank you for selling on Amazon.co.uk.

I like the fact that amazon is sending this kind of email, shouldn't ebay doing this too before suspending an account indefinitely just because they "THINK" you're selling counterfeit items. According to the supervisor that i talked to ebay "thinks" i'm selling counterfeits which i'm not. And he apologized for that stupid accusation and asked me to send them sime documents. In my opinion, ebay should ask for documents first before they decide on suspending an account idefinitely.

[glacier922]

Originally Posted by viatos

I like the fact that amazon is sending this kind of email, shouldn't ebay doing this too before suspending an account indefinitely just because they "THINK" you're selling counterfeit items. According to the supervisor that i talked to ebay "thinks" i'm selling counterfeits which i'm not. And he apologized for that stupid accusation and asked me to send them sime documents. In my opinion, ebay should ask for documents first before they decide on suspending an account idefinitely.

At least ebay doesn't delete accounts, so you got to weigh the benefits and disadvantages.