Frustration with Intellectual Property Policy Violation Notice: Seeking Advice on Possible Legal Action
Hello fellow sellers,
I’m reaching out to share my frustrating experience with Amazon regarding an Intellectual Property Policy violation notice. Recently, I received a deactivation notification claiming that I was infringing on the "Battletoads" brand by using the term in my listing. Despite multiple appeals and explanations, Amazon has not reactivated my account.
Here are the details:
Background: The term "Battletoads" is associated with Microsoft Corporation, which is a major supplier in the toys and games category. Interestingly, Microsoft is also my supplier. We sell action figures, including Battletoads characters.
Category vs. Brand: The term "Battletoads" is used to describe a category of action figures, similar to WWE fighters or superheroes like Superman. We are not using "Battletoads" as a brand name, but rather as a descriptor for the product category.
Appeals: Despite explaining this distinction and providing all necessary evidence, Amazon’s support team continues to reject our appeals. We have stated our willingness to remove the term from our listings to comply with Amazon’s policies, yet our account remains deactivated.
Confidential Notification: The notification was sent confidentially by Amazon, not as a result of a complaint from Microsoft Corporation. This suggests that the issue might be more about Amazon's policy interpretation rather than an actual infringement.
Given these cir
cumstances, we are now considering filing a case against Amazon. We have substantial evidence to support our compliance with their policies. Has anyone else faced a similar issue? What are your thoughts on pursuing legal action in such a scenario?
Thank you for your insights and support.
Frustration with Intellectual Property Policy Violation Notice: Seeking Advice on Possible Legal Action
Hello fellow sellers,
I’m reaching out to share my frustrating experience with Amazon regarding an Intellectual Property Policy violation notice. Recently, I received a deactivation notification claiming that I was infringing on the "Battletoads" brand by using the term in my listing. Despite multiple appeals and explanations, Amazon has not reactivated my account.
Here are the details:
Background: The term "Battletoads" is associated with Microsoft Corporation, which is a major supplier in the toys and games category. Interestingly, Microsoft is also my supplier. We sell action figures, including Battletoads characters.
Category vs. Brand: The term "Battletoads" is used to describe a category of action figures, similar to WWE fighters or superheroes like Superman. We are not using "Battletoads" as a brand name, but rather as a descriptor for the product category.
Appeals: Despite explaining this distinction and providing all necessary evidence, Amazon’s support team continues to reject our appeals. We have stated our willingness to remove the term from our listings to comply with Amazon’s policies, yet our account remains deactivated.
Confidential Notification: The notification was sent confidentially by Amazon, not as a result of a complaint from Microsoft Corporation. This suggests that the issue might be more about Amazon's policy interpretation rather than an actual infringement.
Given these cir
cumstances, we are now considering filing a case against Amazon. We have substantial evidence to support our compliance with their policies. Has anyone else faced a similar issue? What are your thoughts on pursuing legal action in such a scenario?
Thank you for your insights and support.
1 reply
Nikki_Amazon
Greetings @Seller_vIyXuqHmVsdU1,
I apologize for the delay in responding to your post here at the Seller Forums. Our team of moderators is constantly working to address all inquiries as soon as we can and also thank you so much for utilizing the seller forums to obtain help with intellectual property violation to describe a category and not as a brand name.
Category vs. Brand: The term "Battletoads" is used to describe a category of action figures, similar to WWE fighters or superheroes like Superman. We are not using "Battletoads" as a brand name, but rather as a descriptor for the product category.
Appeals: Despite explaining this distinction and providing all necessary evidence, Amazon’s support team continues to reject our appeals. We have stated our willingness to remove the term from our listings to comply with Amazon’s policies, yet our account remains deactivated.
If you are using a word that a company uses to identify goods and services (Trademarks) and is legally protected for original works of authorship (Copyrights) or protected for inventions (Patents), you will need one of the following documents to be able to mention that word even if this is only to categorize the item.
- Invoices proving the authenticity of your products (you may remove pricing information); OR
- Amazon order IDs demonstrating product authenticity; OR
- An authorization letter from the rights owner (cannot be a forwarded email); OR
- A court order finding that your product does not infringe the asserted IP, or that the asserted IP is invalid or unenforceable.
Please visit the page Intellectual Property Policy for Sellers for more information.
The forums community and I are committed to assisting you. Feel free to share how we can support you moving forward.
Wish you all the best,
Nikki
