Tough suspension for Copyright Images

[alekov]

OK, a good account just went down a month ago for Copyright Images. 300+ listing violations, created brand name listings using brand images, like an idiot. Saw them all over Amazon without any problems and thought what the hell, the brand doesn't care. Well, the brand cares. Their attorney filed, and account deactivated. Asking for appeal. I went through one by one and deleted every image from the listings, got in touch with the attorney that filed and showed them we are deleting everything and that we didn't know the images were copyrighted. Attorney didn't care really, said we are free to sell products, and they didn't file against us specifically, just against the ASIN. Many sellers on the ASINs in question, but seems like they all are continuing to sell without a problem and only we were affected as the ones that created the listings and added the images.

Now after tons of back and forth appeals on every violation, we are down to 98. Most are for the same ASINS, maybe 10-15 ASINS with several image violations each. Amazon no longer removes them and says we haven't properly addressed the problem. Now I look and they were all changed from Listing Violations to "Received Intellectual Property Complaints"

We no longer can edit any listings, error message comes up saying you cannot do this function due to the status of your account.

Also we cannot recall any inventory, 2,500+ brand name items, worth $250,000

Holding $27K cash. Now the scary party, as of this morning inventory dashboard only shows 100 items or so. Not sure what to think.

Any ideas? Can they destroy our inventory? I've provided invoices for several of the items in question and they've reinstated them. but account still down, and inventory disappearing. If I go to each individual item it shows me how many are "reserved" but not in the inventory dashboard. Weird. What do we do? I think it's time we get an attorney involved? Time is of the essence on this.

We've reached out to Josh on here for help with appeal but it hasn't worked so far and he seems very busy so it takes many days to respond.

Also looking at one attorney, Kenneth Eade or something, company called AMAZON SELLERS ATTORNEY out of Beverly Hills, CA but very mixed reviews online so I don't know, plus they are asking for $1,750 non refundable

Any advice would be greatly appreciated, or a contact for someone trustworty that can help?

[e2free]

On your other thread you mentioned it's reinstated?

[alekov]

Originally Posted by e2free

On your other thread you mentioned it's reinstated?

Unfortunately another account. :(

Had two separate accounts being hit at the same time. FML. I got one up and running, this one I'm stumped. It seems like they don't have an issue with the invoices I provided, but they are simply looking for something else. Their response is a form response, all the same, but it mentions "does not properly address the cause of your suspension" or something like that. Normally when they don't accept an invoice their response would be "could not verify" or "does not match" or "not valid invoice". So I think they are simply not looking for invoices, they are prob looking for retraction from the rights owner which I don't know how to get. The attorney for the brand is an asshole and didn't even want to hear about a retraction. Here is Amazon's response, see what you make of it:

"Thank you for your submission. We are unable to reinstate the listings in your appeal because your submission does not adequately address the reason for their removal. The corrective action items you provided either have not been completed or do not address the violation. Please resubmit your appeal after completing the actions that address the copyright infringement claimed.

We’re here to help.
If you wish to address the violation and appeal again for listing reinstatement, please see the examples below of valid and invalid corrective actions before resubmitting your appeal.
-- An example of valid corrective actions for copyright complaints: if the copyrighted content is reported to be on the product detail page, remove the copyrighted content from the product detail page and Keyword field to address the violation.
-- An example of invalid corrective actions for copyright complaints: if the copyrighted content is reported to be on the product or product’s packaging or the item is claimed to be an unauthorized reproduction of copyrighted materials, editing the product detail page does not address the violation.

We're here to help.
For more details about copyright infringement, please review the Intellectual Property Policy for Sellers in Seller Support (https://sellercentral.amazon.com/gp/...rnal/201361070).

If you have questions about this policy or the information requested above, please contact us (https://sellercentral.amazon.com/cu/contact-us).

Has your listing been deactivated in error?
If you believe the ASIN below does not infringe on the copyright of others, you may submit a dispute by filing a counter-notice under the Digital Millennium Copyright Act (https://sellercentral.amazon.com/gp/help/G202017130).

You may also reach out to the rights owner and ask them to submit a retraction of this infringement notice. The rights owner information is located in the original enforcement notification. We may only accept retractions that the rights owner submits to us directly. We do not accept forwarded or attached retractions.

Where do I send this information?
Go to Received Intellectual Property Complaints in the Product Policy Compliance section on Account Health (https://sellercentral.amazon.com/per...?ref=ah_em_mpa). Locate the deactivation record for the ASIN below and click on the Appeal button. Complete the form to resubmit an appeal after taking actions to address the violation. If you believe the listing was deactivated in error, dispute the violation by submitting a DMCA counter-notice.

What happens if I do not respond?
If we do not receive a response, the listing will remain deactivated. The violation record will remain on your Account Health page for up to 180 days after the listing was deactivated or until the violation is addressed. Deleting your listing on this ASIN does not sufficiently address the reason for the violation and will not result in its removal from your Account Health page. Leaving this and other listing violations unaddressed may result in account deactivation."

[alekov]

BTW here is the original deactivation notice:

"Hello,

Your Amazon selling account has been deactivated. You may no longer sell on Amazon.com, Amazon.ca, or Amazon.com.mx. Your listings have been removed. Funds will not be transferred to you but will be held in your account while we work with you to address this issue. Please ship any open orders to avoid further impact to your account.

Why did this happen?
We arrived at this decision because we were unable to verify information related to your seller account, or did not receive any new information regarding your listings or selling history.

How do I reactivate my account?
To reactivate your selling account, please send us the following:
1) Copies of invoices or receipts from your supplier issued in the last 365 days for the ASINs listed below.
-- These documents should reflect your sales volume during that time.
-- Please include contact information for your supplier, including name, phone number, address, and website. We will maintain the confidentiality of your supplier contact information.
-- You may remove pricing information, but the rest of the document must be visible. For ease of our review, you may highlight or circle the ASIN(s) under review.

2) A plan of action that explains:
-- The root cause(s).
-- The actions you have taken to resolve the notices of infringement or violation of Amazon’s policies.
-- The steps you have taken to prevent infringement or violating Amazon’s policies.

For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff. These documents must be authentic and unaltered.

How do I submit this information?
If you are appealing an action we have taken on your account, please submit your appeal to reactivate account by clicking the "Reactivate your account" button on Account Health (https://sellercentral.amazon.com/per...?ref=ah_em_mpa). If you want to submit additional information, click on the "View appeal" button and submit additional information as requested.

If you are appealing an action we have taken on your listings for an intellectual property complaint, go to Received Intellectual Property Complaints under the Product Policy Compliance section on Account Health (https://sellercentral.amazon.com/per...?ref=ah_em_mpa).

If you are appealing an action we have taken on your listings for an Amazon listing policy violation, go to Listing Policy Violations under the Product Policy Compliance section on Account Health (https://sellercentral.amazon.com/per...?ref=ah_em_mpa).

Locate the deactivation record for the product listings you want to appeal and click on the "Appeal" button next to the record to submit your appeal to reactivate your listings. If you want to submit additional information, click on the "View appeal" button next to the deactivation record. Click "Submit additional information" button to submit information necessary to reactivate your listings.

What happens if I do not send the requested information?
If we do not receive the requested information, your account will remain deactivated and funds in your account may be held for 90 days or longer. Depending on your account status and activities, you may be required to complete an additional review before funds can be released. Amazon may withhold payments if we determine that your account was used to sell inauthentic or prohibited goods, commit fraud, or engage in other illegal or abusive activity.

ASIN:"

one ASIN listed only even though we had over 300 listing violations for copyrighted images

Now I'm beginning to wonder if maybe all they want in order to reinstate the account is just invoices for this one ASIN and i'm wasting my time trying to fix all the account violations?

[agent006140]

if your inventory turn out to be counterfeit,AMZN will destroy them

[alekov]

Originally Posted by agent006140

if your inventory turn out to be counterfeit,AMZN will destroy them

Well there is zero percent chance for that to happen since I personally order and handle all inventory directly from the Factory stores or from their Online Website so no room for error there. My bigger concern is what amazon considers "counterfeit". It's not like they have a team of specialists that can authenticate brand name items on staff. I've been selling this stuff for 10 years and half the time I wouldn't be able to tell it apart from a counterfeit. The problem is that I don't think Amazon tries to authenticate anything themselves. They simply request invoices, and if you don't provide those, or if the ones you provide they dislike for any reason and don't approve (store bought receipts vs. approved wholesale supplier invoices) they may deem the items "counterfeit". FML

[agent006140]

if you have 6 figures inventory at risk,you should be able to spend 4 figures to hire a lawyer

[alekov]

Originally Posted by agent006140

if you have 6 figures inventory at risk,you should be able to spend 4 figures to hire a lawyer

Yes, considering it. My question is would that help? Furthermore, we are talking about ghost account here. Who is the one hiring the attorney, me, who has no ownership interest in this account, or the "owner", who doesn't exist? I'll be honest, I've never had to do that before, even though I've had over 20-30 account the last 15 years, and I've appealed and received accounts back dozens of times. The accounts that I didn't manage to reinstate, I've always received my inventory back, and my money back eventually after 90 days. So until this point I've never been too worried about it, but things always change with Amazon so who knows. Also I don't think 4 figures would hire an attorney these days. That's what pretty much appeals cost these days.

[Futuremogul888]

If the accounts are under an LLC, that is your way to prove ownership. If not, it becomes a little more complicated but can still be done. You have constructive possession of the account and a proveable ownership interest in the inventory, so therefore an interest in the funds also.

Do not go with a bus-stop bench or billboard attorney (I know you found them on google but just trying to make a point). Find yourself a good local civil attorney. If they cannot handle your case, they will be happy to give you a referral. Still take the time to vet that attorney before paying a retainer.

You have a decent shot since you can prove these items are authentic. Make sure to exhaust every avenue of appealing and working with AMZ first.

[alekov]

Originally Posted by Futuremogul888

If the accounts are under an LLC, that is your way to prove ownership. If not, it becomes a little more complicated but can still be done. You have constructive possession of the account and a proveable ownership interest in the inventory, so therefore an interest in the funds also.

Do not go with a bus-stop bench or billboard attorney (I know you found them on google but just trying to make a point). Find yourself a good local civil attorney. If they cannot handle your case, they will be happy to give you a referral. Still take the time to vet that attorney before paying a retainer.

You have a decent shot since you can prove these items are authentic. Make sure to exhaust every avenue of appealing and working with AMZ first.

Thank you for the input, really appreciate it. This particular account I bought online and unfortunately I have no clue of it's legal structure and ownership. It was an already verified account. I think that complicates things further...

Regarding the attorney, my way of thinking was Amazon is a complicated thing and I am better off dealing with an attorney that specializes in Amazon IP that has extensive experience as they may be able to resolve this through letters and appeals/escalations rather than an attorney that has never dealt with Amazon and who knows the only route possible through the court system or mediation. But I maybe wrong.

[SaiJin]

Since you bought the account you should get the details from the seller you bought it from.

I'm assuming it's the seller in this forum,?

[alekov]

So latest update on this, for the last 30 days Amazon keeps sending me form emails that they are about to destroy all my FBA inventory unless I provide them with invoices for all items. There are 2,000 ASINs listed or so that I have inventory there. Crazy. So I printed out directly from my account with the brand name in question all my purchases for the last 365 days. It created a 1,600 page pdf that is clickable, with images of the items and quantities and dates and all. It's also clickable and it takes you directly to the website in question to my account and shows you all specifics of each order when you click on it, including tracking numbers and all. Now the only issue is that my personal name appears with my office address (never used before on Amazon). So I provided a bull**** story that the managers have been purchasing directly to their homes and etc. during Covid as most of us worked from home. They haven't really responded, only once saying we are reviewing the provided information and will inform you of our decision. We will not destroy your inventory while condcuting the review. Now 3 days ago I received another form email saying we will destroy your inventory in 5 days unless you provide what has been asked of you. So not sure if they didn't accept the previously provided info or if that is automated email. Crazy. Don't know what to do. It would be a huge financial hit...

[Canadianleaf]

Dont tell stories, even if its true. Lie to make it simple so they can approve. Amazon monkeys have no attention span, get confused too easily and dont speak english, you need to spell it out very simply. Anything past a few sentences or a paragraph you've lost them and they're just going to click "dissapprove" so they can move on to the next case. "Make" the invoice they ask with the exact address on your account. The invoice in the last 365 days request is a vague boilerplate response IMO and they've already made their decision beforehand and once you give them what they ask they will give the kiss of death then ignore all your emails. Also, if you sent invoices and they dont approve, you can send a new set for the same exact items in most cases they monkeys on the other end dont even check prior attachments

[murdered_by_ebay]

if it is legitimate items you have docs for you should hire an attorney and have them contact amazon , that they will be taking seriously

even if their terms and conditions allow them to destroy items it does not mean they are not legally obliged to provide compensation otherwise every company could just start stealing merch and money from their customers because their terms allow this

and no you do not need an "amazon lawyer" for this , just a local lawyer who has experience. I am sure it is as illegal for amazon to destroy someone's items as it is for anyone else unless there is legal ground for this

[AMZlevelup]

Originally Posted by Canadianleaf

Dont tell stories, even if its true. Lie to make it simple so they can approve. Amazon monkeys have no attention span, get confused too easily and dont speak english, you need to spell it out very simply. Anything past a few sentences or a paragraph you've lost them and they're just going to click "dissapprove" so they can move on to the next case. "Make" the invoice they ask with the exact address on your account. The invoice in the last 365 days request is a vague boilerplate response IMO and they've already made their decision beforehand and once you give them what they ask they will give the kiss of death then ignore all your emails. Also, if you sent invoices and they dont approve, you can send a new set for the same exact items in most cases they monkeys on the other end dont even check prior attachments

Absolute stone cold facts, although a little insulting towards monkeys

[alekov]

Thank you guys for your responses. I think I might've made a mistake. I sent them the real invoices that do not match exactly name on the account and address. My story was that during Covid many of our employees worked from home, and many of the orders were shipped directly to the employees homes, to be processed and sent to Amazon FBA.

Here is the response I just got from them:

"Hello,

Your Fulfillment by Amazon (FBA) inventory is under review for authenticity. To make a final decision on the hold on your inventory, we need to verify information related to the authenticity of your supply chain and your identity.

Why is this happening?
We are considering this action because we have determined that your inventory may be counterfeit. The sale of counterfeit products is strictly prohibited and items sold on Amazon must adhere to all applicable laws and Amazon policies.

How do I demonstrate authenticity?
In order to demonstrate the authenticity of your inventory, you need to complete virtual verification over a video interview. To reserve a time slot for the interview, please fill out the form below:

https://syd1.qualtrics.com/jfe/form/SV_d5ynA

After we receive your response on this form, we will invite you for the interview on one of your preferred times.

After your verification interview is complete, we will review the results and respond with the outcome within 5 business days.

What happens if I do not sign-up for virtual verification?
If we do not receive an appointment request through the form above within 14 days of this notification or if you are unable to demonstrate the authenticity of your products, your inventory associated with the below ASINs will be subject to additional investigation and may get destroyed.

Your response should address all of the following ASINs:"

I think I'm absolutely screwed. Video interview? Can I do the interview myself and say that I am partner in the business? Or employee running it? After all the receipts/invoices have my name and address on them... What do I do?

[murdered_by_ebay]

if it is a stealth account you are indeed screwed. if the account is legitimate and it is really about such large amounts of frozen inventory which is not counterfeit you should have a lawyer deal with this now

be aware that amazon have electronic ways to identify people so they do not really need to verify your identity with video on an established account. I suspect they decided to keep the money and items because the details on file failed database checks

if the details are real an attorney (not an "amazon seller" attorney) is the only way to get the items out of there as all this implies they do not want your business anymore and want to make profit by keeping your money and liquidating the inventory

[alekov]

Yeah that was my thought on this. However, they seem to have left me a way out? "What happens if I do not sign-up for virtual verification?
If we do not receive an appointment request through the form above within 14 days of this notification or if you are unable to demonstrate the authenticity of your products, your inventory associated with the below ASINs will be subject to additional investigation and may get destroyed."

Basically they are saying either/or as far as I can understand this. If you don't do the video OR if you are unable to demonstrate the authenticity... So I can in fact refuse the video interview and simply continue to send them invoices. I can make invoices for all the items, it will be a lot of work, but I already have legit invoices in digital format so all i have to do is change the purchaser info to match the one on the invoices. The FedEx delivery notification also match the zip code so this could potentially work? Or am I not reading their message correctly?

[alekov]

Another possible way to go is I basically had the inventory on consignment. Let's say the owner of the account gets an investor (me) to invest money and purchase inventory, and when I sell it we split the profits. The investor has vested interest in the inventory (invoices of purchase, and let's say some kind of business agreement to show between the owner of the account and the investor "me")
I can't imagine they would destroy someone else's inventory who can provide ownership interest/lien of the inventory?

[Hank]

Originally Posted by alekov

I can't imagine they would destroy someone else's inventory who can provide ownership interest/lien of the inventory?

It's your stock as the account holder. Amazon couldn't care less about any investor arrangements you may have, that's between you and them.

I guess you've little choice but to play along with them and see where it goes.

If this was a legitimate account there's no way I'd stand for them destroying legitimate stock, I would threaten them with a lawsuit. That said, did an ASIN not exist for the product, I can see what they might take the action they have.

But as it's a stealth account you're on thin ice, good luck I suspect you may need it.

[alekov]

Originally Posted by Canadianleaf

Dont tell stories, even if its true. Lie to make it simple so they can approve. Amazon monkeys have no attention span, get confused too easily and dont speak english, you need to spell it out very simply. Anything past a few sentences or a paragraph you've lost them and they're just going to click "dissapprove" so they can move on to the next case. "Make" the invoice they ask with the exact address on your account. The invoice in the last 365 days request is a vague boilerplate response IMO and they've already made their decision beforehand and once you give them what they ask they will give the kiss of death then ignore all your emails. Also, if you sent invoices and they dont approve, you can send a new set for the same exact items in most cases they monkeys on the other end dont even check prior attachments

May I ask your opinion on the invoices? I've had mixed success submitting made up invoices. I can't figure out why they accept some and not others. I have the real invoices directly on the website of the manufacturer as well as in the form of an email invoice that was emailed to me. Do I simply save them into a .pdf and change the purchaser's info/address or do I need to change, then print them out, then take a picture of them? So there is no other information on the file? I know many people say you need to scrub all info from the files you submit, or take a screenshot of whatever it is you send them that way they can't see other info, but I feel like sometimes it backfires? Like they probably check and see the file is scrubbed or clean and say why is there no traces of where the file comes from, what is this guy hiding?

[alekov]

Originally Posted by Hank

It's your stock as the account holder. Amazon couldn't care less about any investor arrangements you may have, that's between you and them.

I guess you've little choice but to play along with them and see where it goes.

If this was a legitimate account there's no way I'd stand for them destroying legitimate stock, I would threaten them with a lawsuit. That said, did an ASIN not exist for the product, I can see what they might take the action they have.

But as it's a stealth account you're on thin ice, good luck I suspect you may need it.

Yes correct, it's a famous brand but the brand is known to be pretty lawyered up and often going after sellers on any marketplaces. There are about 10,000 listings of this brand on Amazon, but they keep coming up with new styles and colors and etc, so I had to create new ASINs. Parent/Child, with perfect descriptions, etc my listings were ideal. Unfortunately all the images were from the manufacturer's website (same as the 10,000 other listings of that brand on Amazon). Huge mistake. So Amazon apparently goes only after the person that created the listing. The lawyer for the brand files a case against the ASIN for image copyright. All the existing sellers on the listing are fine and continue to sell, even though the images are gone from the ASIN. Me as a creator of the ASIN I get blocked and listing violation and later deactivation of the account, and now authenticity check on all inventory. Just something to keep in mind for all Sellers on Amazon, you can actually sell on an existing ASIN regardless of what's on there, you don't get in trouble, only the creator of the ASIN.

You are probably right regarding the investor relations that doesn't matter to Amazon. But by the same token my understanding is that many people purchase existing amazon businesses legally. Then transfer ownership. Amazon seem to be ok with that. So what if I purchased the existing business? So I am the new owner? Sure I failed to change the info on the account in time but still? Just an idea..