Enforcement on Brand Registry Violations

It’s always lovely to be right in a prediction – I said a few months ago that I expected Amazon to start enforcing on false infringement claims, but surprisingly, they’re enforcing sooner than I expected.

Don’t make claims of infringement that are supportable! Make sure the seller actually is violating your trademark or copyright or patent – there are ways to do this properly and within Terms of Service, and for those cases where it’s not possible, sometimes you may just have to grit your teeth and move on.

Below, find an email from Amazon to a seller with the account suspension notification – notice, it was an account suspension. They aren’t messing around with this.

Please note the other commonly abused areas for Amazon sellers that you should take note of:

  • Adhere to all applicable laws – I will continuously remind everyone that adhering to all applicable laws refers to all of the laws, not just the ones that are convenient to comply with. If the law says that you should be testing your product yourself so you can issue a certificate (something required for all children’s products), then you are expected to do so, and can lose your account if it is proven that you did not do so deliberately.
  • Never list products that may cause harm to Amazon customers. – And even if your product meets legal requirements, it may still be unsafe. Amazon can and has shut down accounts for egregious safety issues. It’s rare, but hopeful
  • Descriptions of “Unfair behavior” – I have mentioned multiple times that I’m convinced Amazon is working on a way to track rank manipulators. I don’t know when or how, but I know Amazon is able to track every visitor to their site, and  the way in which that visitor arrived. It is therefore not out of the realm of possibility for them to track that for the purpose of investigating manipulation by sellers.

What I see is an Amazon focused on getting things right, and that’s great news for those sellers trying to do things the right way.

Hello,

Your account has been closed due to violations of our Seller Policies and Seller Code of Conduct. We have reason to believe that you have violated our policies by submitting inaccurate and invalid notices of infringement against other Sellers, which violates our Code of Conduct policies for Sellers. Please note that you are responsible for any notices submitted on your behalf by any companies or third parties you have authorized to do so. We have provided our Seller Code of Conduct below for reference:

Seller code of conduct
Amazon enables you to reach hundreds of millions of customers. We strive to ensure a fair and trustworthy buyer and seller experience. At Amazon, we expect you to adhere to the code of conduct principles outlined below. Violation of the code of conduct principles may result in the loss of your selling privileges and removal from Amazon Marketplace.

Seller Code of Conduct Principles

  • Adhere to all applicable laws and abide by all Amazon policies.
  • Maintain current account information.
  • Never misrepresent yourself.
  • Always act in a manner that ensures a trustworthy experience for Amazon customers.
  • Never list products that may cause harm to Amazon customers.
  • Never engage in any misleading, inappropriate or offensive behavior. This applies to all your activities, including but not limited to:
    • Information provided on your account
    • Information provided in listings, content or images
    • Communication between you and Amazon or you and our customers
  • Act fairly at all times. Unfair behavior includes but is not limited to the following:
    • Behavior that could be deemed as manipulation or “gaming” of any part of the buying or selling experience
    • Actions that could be perceived as manipulating customer reviews, including by directly or indirectly contributing false, misleading or inauthentic content
    • Activities that could be perceived as attempting to manipulate Amazon’s search results or sales rankings
    • Actions that intentionally damage another seller, their listings or their ratings

We will not be providing further information related to this decision.

Sincerely,

Seller Performance Team
Amazon.com
http://www.amazon.com

Would you like to discuss your Amazon business and how you can protect it safely using Brand Registry 2.0?
About the Author
I got my first job at Amazon because of my German language skills from my Master’s in History. Take that, people who said I’d never get a good job with my liberal arts degree! I soon learned that I’m not good at taking orders and started my MBA coursework at Seattle University.

I worked at Amazon for 8 years, as a liaison for law enforcement in Fraud/Transaction Risk, a quality and compliance manager in Product Compliance for Amazon Brands and imports globally, and lastly, managing hardware for Website Availability. I love the flexibility that working for clients on Amazon rather than for Amazon affords me.

In my not significant free time, I do fiber crafts such as spinning, crocheting, and embroidery, and I have been in a community band since 2009, playing French Horn, Trombone, or Euphonium depending on the band’s needs that season.

6 thoughts on “Enforcement on Brand Registry Violations”

  1. We have recently received this notice, but cannot work out why. Amazon, as usual is hesitant to give details. Could this suspension be due to something other than the report of a copyright infringement?
    Was this example case in the article ever resolved? Any advice on how to go about finding a solution?

    • Is the message exactly like this one? Specifying that “We have reason to believe that you have violated our policies by submitting inaccurate and invalid notices of infringement against other Sellers, which violates our Code of Conduct policies for Sellers. Please note that you are responsible for any notices submitted on your behalf by any companies or third parties you have authorized to do so.”

      That section is the part that is unique to this message. Other kinds of Code of Conduct violations have different language in them, and of course, different root causes. If it’s this one, the typical reason for this is that submissions were made to Amazon in an attempt to control distribution, rather than actual trademark infringement.

  2. Hi
    I get the same email from Amazon, But I don’t know which principle I violated. I have always been doing the principle of obeying the principle.
    I want to know what I should do to recover my account. I received a request for an appeal in Amazon’s email, but I don’t know what I should say. After all, I didn’t do anything that violates the principle.

    can you give me some advise?
    thanks

  3. Hello
    My amazon seller account is closed when I received email from Amazon
    Your account has been closed due to violations of our Seller Policies and Seller Code of Conduct. I have provided our Seller Code of Conduct below for reference:

    Seller code of conduct
    Amazon enables you to reach hundreds of millions of customers. We strive to ensure a fair and trustworthy buyer and seller experience. At Amazon, we expect you to adhere to the code of conduct principles outlined below. Violation of the code of conduct principles may result in the loss of your selling privileges and removal from Amazon Marketplace.
    Seller Code of Conduct Principles:
    • Adhere to all applicable laws and abide by all Amazon policies.
    • Maintain current account information.
    • Never misrepresent yourself.
    • Always act in a manner that ensures a trustworthy experience for Amazon customers.
    • Never list products that may cause harm to Amazon customers.
    • Never engage in any misleading, inappropriate or offensive behavior. This applies to all your activities, including but not limited to:
    o Information provided on your account
    o Information provided in listings, content or images
    o Communication between you and Amazon or you and our customers
    • Act fairly at all times. Unfair behavior includes but is not limited to the following:
    o Behavior that could be deemed as manipulation or “gaming” of any part of the buying or selling experience
    o Actions that could be perceived as manipulating customer reviews, including by directly or indirectly contributing false, misleading or inauthentic content
    o Activities that could be perceived as attempting to manipulate Amazon’s search results or sales rankings
    o Actions that intentionally damage another seller, their listings or their ratings

    We will not be providing further information related to this decision.
    I don’t know what do I have to do appeal
    Please help, thank you

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