Received IP complaint - Listing deactivated
So it happened because we used the logo and name of a brand we previously collaborated with. They stopped cooperating and we forgot to take off their trademarks throughout the listing. Fast forward to present, we received an IP complaint from them out of nowhere.
We have removed the image and any mentions of their brand off our listing. We contacted them and they won't retract the complaint. We've appealed to Amazon as well, no luck.
Is there anything else I can do at this point? If I delete the listing and create a new one without the mentions of the aforementioned brand, will it work?
Received IP complaint - Listing deactivated
So it happened because we used the logo and name of a brand we previously collaborated with. They stopped cooperating and we forgot to take off their trademarks throughout the listing. Fast forward to present, we received an IP complaint from them out of nowhere.
We have removed the image and any mentions of their brand off our listing. We contacted them and they won't retract the complaint. We've appealed to Amazon as well, no luck.
Is there anything else I can do at this point? If I delete the listing and create a new one without the mentions of the aforementioned brand, will it work?
9 replies
Seller_OvL8C4BJWiuS9
If it's a branded product, then no, you can't delete it and relist it. You would need a LOA from the brand, and it appears that will not happen.
Seller_LVZcgxAgZ2xBv
The problem with asking companies to retract a complaint is Amazon will force the the trademark owner to admit the original filing was in error. Amazon will not accept any other reason or condition for the retraction. The emails from Amazon will say:
"Your email does not confirm an error has taken place. We are unable to accept additional criteria on retractions, such as restrictions. If you intend to retract your original complaint, please resubmit your retraction to notice-retraction@amazon.com or use the retraction function in Brand Registry."
No responsible company that's spent a lot of money and time securing a trademark will ever want to admit a filing was in error when it wasn't, even if the infringing party promises to never do it again. Admitting error is a black mark on your Amazon record, and creates legal risk in the future should any other dispute over the trademark occur.
Sonny_Amazon
Hey there @Seller_yeXUrlwtJgV7X,
Sonny from Amazon checking in here on your thread regarding the IP complaint you received. Thank you for giving background and context on the situation -
Given the policy when a Rights Owner files a complaint, the options are as follows:
-- A letter of authorization (LOA) or licensing agreement (LA) from the rights owner indicating that you are authorized to use their intellectual property. You can find the contact information of the rights owner in the listing deactivation communication you have received.
-- A retraction from the rights owner to be sent to Amazon directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
It sounds like, since you no longer have a Letter of Authorization from the band you previously collaborated with - and the Rights Owner won't retract the complaint, you can switch gears to taking the "Acknowledgement" path.
There are times when, if there is no Letter of Authorization that is currently valid and the Rights Owner won't retract the complaint, you can follow the submit appeal path and acknowledge the violation to remove it from your dashboard.
This path does not reinstate the listing, but it does remove the violation listed on your dashboard. Click on the "Submit New Information" button and you should see this option:
"I understand the policy and acknowledge the violation."
As one of our community members @Seller_OvL8C4BJWiuS9 mentioned:
This is where the "Acknowledgement" path comes in as a next step for you.
Keep an eye on your "Account Health Rating" and how this violation has impacted as well. Feel free to update us here with any additional questions or concerns you may have.
Best,
Sonny
Atlas_Amazon
Hello @Seller_yeXUrlwtJgV7X
Happy to provide some clarification. If the acknowledgement path is taken, this will mean that you can no longer list that ASIN on the platform. It will remove the violation from the account health page and we will consider the situation resolved.
Acknowledging the violation should not cause the account health rating to decrease as the violation would be removed. If you have any additional questions, continue to refer here for guidance.
Best,
Atlas
Atlas_Amazon
Hello @Seller_yeXUrlwtJgV7X
In most cases, it can take up to 24 hours for the listing to be available. We are happy to hear that you received a retraction on the complaint. Has the ASIN got active at this point?
If you have any other concerns for this situation, provide them here for support.
Best,
Atlas
