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I have already deleted the offending Amazon ASIN, why the appeal still fails?

12/26/2022
Categories
  • News
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  • Amazon
  • Cross-border e-commerce
  • Infringement
  • intellectual property rights
  • risk avoidance
  • trade risk
I have already deleted the offending Amazon ASIN, why the appeal still fails?

I received a notice of suspected intellectual property infringement on the seller platform, and now I have deleted all the ASINs that violated the rules, but why the appeal still fails?

After receiving such violation prompts, please do not delete the ASIN in a hurry, and must follow the next steps required by the appeal button. The appeal requirements for each type of infringement are different, and deleting an ASIN cannot completely eliminate the alleged infringement of intellectual property rights. In some cases, sellers are required to delete the offending text/pictures before completing the next steps. If the seller deletes the ASIN without removing the violation, in some cases, it can be uploaded again with the template (remember to remove the violation text/picture), and then appeal.

The editor of this article will systematically explain to you: What should the seller do if he receives an infringement notice in the background?

1. Check the performance notice, account status page, and determine the type of violation

It is recommended that sellers check the account status page daily, and pay special attention to suspected intellectual property infringement and intellectual property complaints. After clicking View Violations, the reason for the violation will be displayed next to the violating ASIN. There is a date next to the reason, please check the corresponding performance notice or the seller's private mailbox bound to Amazon according to the displayed date, so as to learn more about appeal requirements or how to activate ASIN.

Intellectual property infringement complaints are usually divided into ASIN-level complaints and account-level complaints. You need to first determine the type of intellectual property rights allegedly infringed, and then take the corresponding appeal method according to the type of violation.

?Important reminder: When your Account Status page shows a violation that allegedly violates intellectual property rights, do not delete the ASIN until the violation has been successfully processed.

2.1 Appeal at ASIN level

ASIN-level violations mainly include two types: suspected intellectual property infringement and intellectual property complaints.

Violations of alleged intellectual property infringement are typically determined by the results of Amazon's internal investigations.

How do I appeal if I admit a violation?

●If the violation on your account status page is alleged trademark abuse (please note that this violation may display different suffixes, such as alleged trademark abuse logo, alleged trademark abuse text, etc.), you need to click the edit button on the right side of the violation page , and edit your ASIN to remove the allegedly infringing content of this ASIN.

●If you are suspected of other types of intellectual property violations, you need to make a corresponding appeal based on whether your ASIN has been removed from the inventory by Amazon.

①If your ASIN has been removed:

You need to click the "Submit Appeal" button on the right side of the appeal page, then check to admit your violation, and check the corresponding options to ensure that the products you sell next comply with Amazon's relevant regulations and no longer infringe any other intellectual property rights.

②If your ASIN has not been removed:

You need to correct your ASIN first to ensure that any potential intellectual property infringement content is no longer displayed on the ASIN's product detail page. Then you can click the "Submit Appeal" button on the right side of the appeal page to submit, and then the Amazon review team will review your corrective actions to see if the infringing content is still displayed on your product details page.

No violation, no violation, how to appeal?

●If you have any objection to the determination of suspected intellectual property infringement, you can first conduct a detailed review of your affected ASINs to determine whether you have the corresponding intellectual property rights authorization, or directly hold the intellectual property rights. If it is confirmed that you hold it, you can carry out reconsideration according to the following methods.

① For suspected trademark abuse:

You can click the "Submit Complaint" button on the right side of the appeal page, and then click "Contact Us" on the page to submit the corresponding evidence to prove that you really have the right to use the trademark.

②For other suspected violations of intellectual property rights:

You need to click the "Submit Appeal" button on the right side of the appeal page, and then click "Your product was wrongly discontinued?" on the page to submit more relevant materials to prove that you have the right to use the intellectual property rights.

Intellectual property complaints, usually refers to infringement complaints from rights owners.

How do I appeal if I admit a violation?

●Contact the rights owner to withdraw the complaint;

●Appeal: Submit after clicking the “Admit Violation” option.

(Note: After you admit the violation, the ASIN will no longer be sold)

How do I appeal if I do not admit a violation?

●Submit a letter of authorization or license agreement from the manufacturer or rights owner (patent infringements can also provide invoices for utility patents/design patents applicable to EU, UK, TRBR, and counter notifications can be submitted for copyright infringements).

Important reminder:

①If you do not admit the violation, but cannot submit the power of attorney or license agreement from the rights owner, Amazon will not be able to help you restore the product.

②After you admit the violation, the review team will review again to confirm whether the violation can be removed from your account status page. You can wait patiently and then refresh the page to see if the violation has been removed. If the violation still appears on your Account Health page, you will need to resolve the violation through two other avenues.

2.2 Appeals at Account Level

When the infringement rises to the account level, your account may be deactivated within 72 hours or has already been deactivated.

How do I appeal if I admit a violation?

●Contact the complainant to withdraw the complaint;

●Appeal: You need to write a detailed action plan, including root causes, solutions, and preventive measures, and click the appeal channel above the Amazon seller platform to submit.

How do I appeal if I do not admit a violation?

●The violations of the same category need to submit different documents, as follows:

①Confirmation/potential counterfeiting:

Submit a release or license agreement from the manufacturer/rights owner. Potential counterfeiting requires the additional submission of a valid invoice.

②Trademark infringement on the trademark/product detail page:

Submit an invoice, or a letter of authorization or license agreement from the manufacturer/rights owner.

NOTE: Invoices are not valid for trademark infringement on product detail pages/images.

③Piracy/text or picture infringement on the product details page:

Submit an invoice, or a letter of authorization or license agreement from the manufacturer/rights owner.

Note: For accounts that have been disabled, an additional legal statement or DMCA must be submitted (DMCA-Digital Millennium Copyright Act is a legal document for all types of copyright infringement in the United States including images, text, product packaging, and piracy). For the copyright of pictures and detail pages (such as product packaging, keywords, ASIN name, etc.), removing and modifying cannot solve the problem. Invoices from sellers will not be accepted if the product is indeed a pirated product that the rights owner has not authorized.

④Patent infringement:

Submit a release or license agreement from the manufacturer or rights owner, or an invoice directly from the rights owner.

Note: For accounts that have been deactivated, an additional legal statement must be submitted.

For further account health related questions, you can use the "Contact Me Now" feature to get help from Amazon's Account Health support team.

Please note that the Amazon account status support team will suspend services on January 1 (New Year's Day) and January 22 (New Year's Day), 2023. Business will return to normal the day after the holiday (January 2 and January 23, 2023, respectively), and we will continue to assist you with account performance and policy compliance. Sorry for the inconvenience caused to you.

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