Account deactivated for counterfeit claim
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Account deactivated for counterfeit claim

Hi, I have recently had a counterfeit claim come through to my account from a product I have been selling since Nov 2021, the product being sold on the ASIN is a pack of 4 egg rings which have been rebranded on the listing by another seller despite continuing to dispatch the original branded product when sales have been made. I am not sure at what stage this has happened as the brand and EAN on the listing no longer represent the product I have been selling however one of them must have had links to the product when I added it to my inventory in order for me to have identified this ASIN as the one to sell the product under. This has gone through as a critical repeat offense as it would appear I had a similar claim a while back and did not immediately delete the ASIN after resolution and many months later when going through my whole amazon inventory and restocking items I began to sell this ASIN again, completely forgetting about the first counterfeit claim.

Here is the original notification from amazon:

Hello,

We removed some of your listings because we received a report from a rights owner that they may infringe the rights owner’s trademark. The rights owner communication about the alleged infringement and the listings we removed are at the bottom of this message.

Why did this happen?
We received a report from a rights owner that one or more of your listings are inauthentic. Listing content infringing on the intellectual property of others is against our policies.

We’re here to help.
If you need help understanding why your listings may infringe the intellectual property rights of others, please search for “Intellectual Property Policy” in Seller Central Help (https://sellercentral-europe.amazon.com/gp/help/external/201361070).

How do I reactivate my listing?
Please provide the following to reactivate your listings:
– A letter of authorization or a licensing agreement from the manufacturer or Rights Owner demonstrating that your products are lawful. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff.

How do I submit this information?
Go to Received Intellectual Property Complaints under the Product Policy Compliance section on your account health dashboard (https://sellercentral-europe.amazon.com/performance/dashboard?ref=ah_em_mpa) and locate the deactivation record for this product listing. Click on the Appeal button next to the listing deactivation record to submit information necessary to reactivate your listing.

Have your listings been removed in error?
If you have never sold or listed the product, please reach out to us and tell us. If you think that the rights owner has made an error in sending the notice, please reach out to the rights owner and ask them to submit a retraction of this notice. We may only accept retractions that the rights owner submits to us directly. We do not accept forwarded or attached retractions.

These are the rights owner’s contact details:
– Dam
--themidhill@gmail.com

For any other reason, please explain to us why you were warned in error so that we can investigate the case.

What happens if I do not provide the requested information?
Your listings will remain inactive. We reserve the right to destroy the inventory associated with this violation if proof of authenticity is not provided within 90 days. Violating this policy may also result in loss of selling privileges or other legal consequences.

Rights owner communication:
Hi Team,

We have not given any third party to sell under our Registrated brand. please remove these offers immediat effect.
Original EAN: 5060883950149 but the product we receive EAN code 5038673182636.

Regards
Damith Aththanayaka
THE MIDHILL LTD
ASIN: B08XY5L24Q
Infringement type: Counterfeit
Trademark asserted: UK00003633771
Complaint ID: 8860381222

You can view your account performance (https://sellercentral-europe.amazon.com/performance/dashboard?reftag=email_warn) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing against the performance metrics and policies required to sell on Amazon.

– iOS: https://itunes.apple.com/us/app/amazon-Seller/id794141485
– Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en

I have made multiple attempts to submit a plan of action but receive the following message. I am not sure that they are going to accept one at all as they do not mention one in their response.

Here is the response from my submissions:

Hello,

We received your submission but do not have enough information to reactivate your listing at this time. To reactivate your listing, please send the following:
– A licensing agreement(s) or letter of authorization from the manufacturer or rights owner demonstrating that your use of the intellectual property is lawful.

How do I send this information?
If you are appealing an action we have taken on your listings for an intellectual property complaint, go to Received Intellectual Property Complaints in the Product Policy Compliance section on Account Health (https://sellercentral-europe.amazon.com/performance/dashboard?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 the “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 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.

ASIN: B08XY5L24Q
Complaint ID: 8860381222

You can view your account performance (https://sellercentral-europe.amazon.com/performance/dashboard?ref=ah_em_mpa) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health page shows how well your account is performing against the performance metrics and policies required to sell on Amazon.

– Download the iOS app: https://itunes.apple.com/gb/app/amazon-seller/id794141485
– Download the Android app: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en_GB
Sincerely, Amazon.co.uk

I have been in touch with the brand owner but they are refusing to retract the violation.

I have seen other posts like this one but have not seen any where the outcome has been revealed. Can anyone help find a solution to get my account reinstated?

Many thanks
Tom

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Tags:ASIN, Listings, Pricing, Product removal
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Seller_RyBiR05Djvp7V

Hello @Grimshaw_Findings,

This is Amelia from Amazon to assist you.

Based on the post above, we understand that you received policy violation on the account regarding Intellectual property violations.

To know more about the policy, please click here

Please follow the above steps to reactivate the listing.

We recommend you to do reach out to Account health support team using “Call me now button” to discuss and learn more about appeal rejection support so that team can help you through it.

You will also be able to reach out to Account Health Support team by raising a case using the link here

If you need any further assistance, you can post here so that we can help you.
The forums community and I are here to support you.

Regards,
Amelia.

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