Response to notice of IPR violations With review of selling practices

 

Complaint ID

ASIN(s):

 

Dear           :

 

As identified above, we have received Notice that a Complaint has been lodged by a rights owner alleging that some items sold by this Company  infringe upon their intellectual property rights and may not be authentic branded goods.

Please rest assured that we  understand that even inadvertent distribution of counterfeit and harmful, infringing merchandise is a very serious problem and that all efforts should be undertaken to prevent these crimes.   To that end, immediately upon receipt of the Notice, as is required pursuant to our Standards of Operating Procedures, we performed an intense Company-wide review of our selling and purchasing practices surrounding this particular product to ascertain whether there was anything even inadvertently missed or incorrectly handled prior to product listing.

Our internal audit of business practices included thorough review of the following policies and procedures undertaken prior to listing any products for sale to confirm product authenticity:

Determination of whether a new Product Page should be created and, if so, the components of such Page. 

  1. Please bear in mind that Amazon’s own Page requirements mandates that we include our items on a pre-existing Product Page in the event another, unrelated seller has already added the particular item at issue to the Amazon e-commerce catalog. Of import, we have no independent means to verify the appropriateness or scope  of any other sellers’ anti-counterfeiting business practices, having no option if there is a pre-existing Product Page, but to rely on Amazon’s own assurances that its anti-countefeiting tools and programs effectively police the Platform’s
  2. If we determine that one of an item in our inventory can be newly listed on Amazon, we carefully abide by Amazon’s published Product Page Rules and use our own images of the items

Purchasing Product from Known, Reliable and Trusted Suppliers

All branded products sold by this Company are secured directly from distributors or retailers representing their authority to make such sales without limitation on third party resales.  Invoices, Receipts and other written documentation of such authority is maintained by the Company.

Product Inspection

Prior to shipping for Amazon fulfillment or otherwise making any item available for sale directly to consumers, this Company inspects all product packaging for markings or other damage that may compromise the product’s integrity, sellabililty or authenticity.  It is this Company’s policy to sell products only in the identical condition as originally manufactured by or under authority of the U.S. brand owner.  If the Company has any question or reason to question the authenticity of any particular product, it will contact the rights owner itself for appropriate consultation and resolution prior to sale or offering for sale.

Warranty

All items sold by this Company come with a Company warranty offering full refund, product return and/or exchange to all purchasers whether in addition to the warranty offered by the manufacturer itself or, if the manufacturer offers no such warranty, then in lieu thereof.  In the event our Company learns of an issue relating to Product functionality, composition or quality, it is our policy to contact the manufacturer directly to share any such information promptly.

Industry Associations and Affiliations

This Company is a member of the American Free Trade Association (“AFTA”), a national trade association representing businesses and consumers benefitting from the advantages of a fair and balanced domestic marketplace replete with a variety of sellers and genuine, brand name merchandise.  We also participate actively in a variety of industry-related forums to similarly ensure we remain current and compliant with applicable rules, laws, regulations and standards intended to maintain product integrity.

We appreciate your time in reviewing this matter and ask that you help us reinstate our Amazon selling privileges (notice-dispute@amazon.com). This Company pledges to do what it can to assist Amazon and brand owners such as yourself in the fight against counterfeits and harmful infringing goods.   If there is any further information you will require, please kindly let us know.

Thank you.