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Rybka 06-15-2016 07:07 PM

Suspension
 
Hey Guys

I got suspended from Amazon after a year, for using someone's trademarked name. (Usually I sell 100% genuine memory cards etc (Have contracts with Sandisk), anyway on Alibaba came across a company selling an item that had a popular item's name in title and since item was made in China on Amazon, I took a shot and ordered it.... After a few weeks with seller complaint my account got suspended.

Reason

1. IP infringement

2. They picked 2 ASIN's that people returned in past and asked for receipts.

I since that time contacted the rights owner, he understands my position and has withdrawn his complaint by sending an emial to notice@amazon (have screen shot).

My issue is that I keep getting that AUTOBOT response. If anyone has experience with appeals can you please have a look at my formal reply and see if I'm doing anything wrong (As my appeal 1 has got denied)

Thank you for your time guys

Rybka 06-15-2016 07:09 PM

Re: Suspension
 
Hello Seller Performance Team

Plan of action for Rights Owners Infringement complaints
• Rights Owners have been contacted, they have decided to withdraw their complaints, as seen in previous emails. (XXXXXX). (see attached ‘XXXXX Withdrawal’ for complaint withdrawal confirmation).
• In future only items that are purchased from brand owners directly will be listed (such as our Sandisk listings). This will eliminate any future claims for IP infringement. If XXXXXXXX does not receive a written authority to sell a brand, it will not be listed on the Amazon Platform.
• All other ‘new’ listings will be created with a new ASIN where required, brand names will be checked with the USPTO and we will have them trademarked to avoid any future issues.

Also consider that we have received the following complaints: Damaged, Incomplete, Not as Advertised and Wrong item
Descriptions of the issues that caused the complaints
• XXXXX started dealing with ‘new’ suppliers, and started listing in a new category (Kitchen and Dining). As packing was done by an external source, suppliers may have sent incorrect items, or incomplete. This was a costly mistake and has put our account and credibility with Amazon at risk.

Explanation of the steps you have taken to resolve the issues and ensure that similar complaints won’t happen again.
• All inventory sent into Amazon (Using FBA), will be inspected by our company before being sent into the warehouse.
• An external company specialising in pre-shipment inspection and Quality control will be implemented prior to any shipments being sent into Amazon warehouse AQF (asiaqualityfocus.com)

They will ensure the supplier is authentic and all paperwork regarding products is legitimate, all goods are 100% genuine, authentic, correct EAN’s/Barcodes and FBA labels are all put on goods prior to shipment.

Our sister company has contracts with 7Eleven in Australia with Electronic Cigarettes, I have attached a copy of a pre-shipment report we did for a large consignment for the Australian market, for 7Eleven so you can see the extensive quality control done by the company. (see attached aqf-47392-1).
• All ASIN’s that received such complaints have been removed and inventory has been shipped back to our company. No ASIN or PRODUCT will be shipped back to Amazon without following the steps outlined above.

We still need more information regarding: ASIN: XX// XX

Reason for Complaint – Inauthentic/Damaged
• XXXXXXX – Items were unpackaged from original packaging and then repackaged into op packaging, in order to save on shipping costs, causing buyers to question the authenticity of the item and may have led to damage of the product during shipping as was removed from original packaging
• XXXXXXX – Invoices have been attached to this email (see attached)

Plan to Remedy Issue

• XXXXXXX – Product will be shipped with original packaging in order to remove all claims of inauthenticity and remove the chances of the items being damaged during shipping. Due to low margins and high competition, the listing has been removed and will not be sold again on the Amazon platform.

Reason for Complaint – Inauthentic/Damaged
• XXXXXX – Items were unpackaged from original packaging and then repackaged into op packaging, in order to save on shipping costs, causing buyers to question the authenticity of the item and may have led to damage of the product during shipping as was removed from original packaging.
• XXXXXX – Invoices have been attached to this email (see attached)

Plan to Remedy Issue

• XXXXXXX– Product will be shipped with original packaging in order to remove all claims of inauthenticity and remove the chances of the items being damaged during shipping. Due to low margins and high competition, the listing has been removed and will not be sold again on the Amazon platform.

Rybka 06-15-2016 08:22 PM

Re: Suspension
 
Would also like to add, it wasn't a branded item or ⊗⊗⊗⊗, it was a generic item with a trademarked 'name' after I found out. I'm personally against ⊗⊗⊗⊗ etc..

Also purchased Amazon Ghost (preparing for the worst). Other issue I have is we are in Australia since we dealt with Memory cards we have approx 15-20k worth of memory cards in Amazon FBA warehouse, so will I loose these cards or will I be able to use a ship forwarding company to at least forward them back to Australia.

If I continue with a *ghost* account, will I be able to send with FBA? does this reduce the risk of reviews etc?


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