Your access to Amazon’s report infringement forms has been revoked
In January of this year I noticed a new seller on Amazon that had stolen our designs and our artwork and recreated their own knock-off product listings. I did trademark infringement claims on all of the items that were clear theft of our IP (approximately 15 ASINs). These claims were denied and my access to report infringement was taken away for "actions you have taken in violation of Amazon's policy on reporting intellectual property infringement". The only reason I can think of is because I should have been using copyright infringement instead of trademark infringement but at the time I thought my artwork and design was covered under trademark. However, they did not actually have our brand name or trademark on the listing pages so I imagine that is where I went wrong. I have made multiple appeals, explaining the situation, and continue to be declined by what seems to be a computer automated response. Any help on how to resolve this so I can continue to protect my brand and my products from bad actors would be wonderful. Or if there is a way to be in contact with a someone from Brand Registry to explain my case instead of what seems to be computer responses would be great.
Thank you for your time and help on this.
Thomas
Your access to Amazon’s report infringement forms has been revoked
In January of this year I noticed a new seller on Amazon that had stolen our designs and our artwork and recreated their own knock-off product listings. I did trademark infringement claims on all of the items that were clear theft of our IP (approximately 15 ASINs). These claims were denied and my access to report infringement was taken away for "actions you have taken in violation of Amazon's policy on reporting intellectual property infringement". The only reason I can think of is because I should have been using copyright infringement instead of trademark infringement but at the time I thought my artwork and design was covered under trademark. However, they did not actually have our brand name or trademark on the listing pages so I imagine that is where I went wrong. I have made multiple appeals, explaining the situation, and continue to be declined by what seems to be a computer automated response. Any help on how to resolve this so I can continue to protect my brand and my products from bad actors would be wonderful. Or if there is a way to be in contact with a someone from Brand Registry to explain my case instead of what seems to be computer responses would be great.
Thank you for your time and help on this.
Thomas
11 replies
Seller_J46Ruz3VzvWCV
Just to confirm ...
That wouldn't be "Trademark" unless they used your actual Trademark. "Designs" are different violations.
Are you IN Brand Registry?? If so you should be able to open a case.
Seller_J46Ruz3VzvWCV
Amazon support almost always uses pre-written responses instead of allowing each support person to create their own. This means that in all likelihood your responses are not automated.
The only way to offer advice is to see both the actual notice from Amazon and then your appeal.
Seller_J46Ruz3VzvWCV
@Seller_MKJg2eHfUGd46
I have watched the Amazon video on an effective plan of action (POA) and I am writing one below to hopefully resolve this issue.
Root Cause
The root cause that led to my account access to Amazon's report infringement being revoked is due to a mistake and misunderstanding on the types of infringement by myself. In January of 2024 I reported a seller for IP RIght's Violations on approximately 15 ASIN's that are infringing on my self created product designs for my brand "Signs 4 Fun."
1. I mistakenly reported them as a trademark infringement claim as I believed the products were infringing on my trademark. However that was incorrect and I should have reported the ASIN's as a copyright infringement.
2. Additionally instead of only filing 1 single report I created 15 separate reports, one report for each ASIN.
Issue Resolution
This is "Preventative and not an action on the mistake. - I have read Amazon's guidelines on infringement claims and I now understand the difference between trademark, copyright, and patent infringement. This page was very helpful in my understanding https://sellercentral.amazon.com/help/hub/reference/U5SQCEKADDAQRLZ?referral=A3W38WNRWKFIMQ_AR6J4MBEUVJB9&referral=A3W38WNRWKFIMQ_AR6J4MBEUVJB9. I also now understand that when reporting a seller I can do multiple ASIN's on one infringement claim instead of sending one claim for each ASIN.
Are you able to to do anything at all to remove the complaints? If not disregard this part and leave it out.
Issue Prevention
I have read Amazon's guidelines on infringement claims and I now understand the difference between trademark, copyright, and patent infringement.
This page, and it's links, was very helpful in my understanding of IP Rights https://sellercentral.amazon.com/help/hub/reference/U5SQCEKADDAQRLZ.
Going forward:
1. I will file only 1 complaint and list out the violating ASINs.
2. I will not make the same mistake while reporting infringement violations. I will be much more careful and make sure all information in the report is accurate and correct. Now that I have a clear understanding of the difference between trademark and copyright infringement future claims will not have any issues.
Thank you for your review and I do hope this issue can be resolved. I ask you to please restore my ability to protect my Intellectual Property Rights through my Brand Registry account.
