TROs Are Serious

If you have received a notice of a temporary restraining order (TRO) that has frozen proceeds on your Amazon seller account, it means you have been sued, usually for intellectual property infringement.  In these cases, Amazon will usually not suspend your seller account.  They will, however, freeze your sales proceeds and prevent you from using your working capital in the account until the case is resolved or settled.  This is not something you can ignore, because there are strict time limits to litigation.  If you have received such a lawsuit, or a notice from Amazon, call us right away for a free consultation.

If you are not based in the United States you still must take any complaint for intellectual property infringement seriously because it affects much more than just your Amazon seller account.  These complaints are filed in federal court and, if not taken care of, could seriously affect your business in the United States.  If the matter is not settled, it must be litigated, which could cost anything upwards of $50,000.  If it is not litigated or settled, you could end  up with a default judgment against you, which can be levied against any asset you may own that can be found in the US.

Early Settlement is the Key

Amazon has nothing to do with the lawsuit, and no appeal or other action can force or convince them to unfreeze your proceeds.  An early settlement will release you from the lawsuit, save you thousands in attorney fees, and release your Amazon sales proceeds.  These cases are filed against numerous sellers by large firms typically in New York and Illinois, who are not easy to deal with and often not very communicative when it comes to sellers who represent themselves.  We have been successful at settling almost 99% of these cases we come across, at a fixed rate that can save you thousands.

We Can Help

If you find yourself sued for intellectual property infringement, do not try to handle the matter by yourself.  We will not appear in the action, because such is a time intensive and expensive endeavor.  For a reasonable fixed fee we will negotiate the best settlement possible.

Success on Amazon is due in part to how quickly a seller may access an e-commerce platform.  Unlike Walmart, which puts its prospective sellers through an extensive vetting process, it is relatively easy to obtain a seller account on Amazon, if you can prove a physical address with a utility bill and have a valid credit or debit card.  Unfortunately, this means you are competing with thousands of sellers with little or no e-commerce experience, as well as many fraudsters and counterfeiters.
​
Amazon’s answer to the problem is not to vet sellers to prevent intellectual property infringement, but to create a massive bureaucracy dedicated to catching counterfeiters.  And with intellectual property infringement complaints or even the suspicion of intellectual property infringement, they will not hesitate to pull the trigger and suspend your Amazon seller account.  As a consequence, Amazon sellers are advised to take preemptive measures to prevent Amazon seller account deactivation or suspension.  Appeals can take months to resolve, and this can put even the healthiest ecommerce store out of business.

Amazon’s selling policies strictly require Amazon sellers to comply with applicable intellectual property laws, which result in suspensions for patent infringement, trademark infringement and copyright infringement on a daily basis.
Patent infringement can be either the use of a patented technology (utility patent infringement) or design (design patent infringement).  Copyright infringement results from the use of someone else’s original images, literary or art works.  Trademark infringement is the unauthorized use of a trademark in connection with the marketing of goods in a manner that is likely to cause confusion with regard to the source of that product.
Many sellers will list their registered trademark in connection with the sale of generic products so beware!  Even if you are selling the same generic product, if the brand of the listing is a registered trademark, you could be subject to ASIN deactivation or seller account suspension.

Authorization Letters
​
It is often difficult to deal with wholesale suppliers or brands, especially if they are sizable enterprises, but one method to avoid suspension for intellectual property infringement is to obtain a letter of authorization from the brand and, if not the brand, from the brand’s authorized wholesale distributor, who should identify itself as such.  Amazon will often ask for such a letter in the event of an infringement complaint.

Proper Invoices

Amazon will always ask for invoices in the case of intellectual property infringement complaints, and they have specific requirements for those invoices.  These requirements include they must be within 365 days, they must show the name and address of the buyer (Amazon seller) and the name, address, telephone number, email and website address of the seller (your supplier).  Amazon will contact the supplier to verify the invoice so, whatever you do, do not alter them in any way.  The invoice should also reference the brand and name of the product.

Alternative Retail Site

Having an ecommerce website or a Shopify site, as well as eBay and Walmart seller accounts will allow you to stay in business in the event of a suspension or deactivation, which could take months to resolve.

File Proactive Appeals

A proactive appeal should be filed on any policy warning or listing removal, especially with regard to intellectual property or inauthentic product listing removals.  This shows Amazon you are serious about complying with their policies.  We here at Amazon Sellers Attorney provide such a service on a monthly basis.  For $500 per month, you get free unlimited appeals.  Our clients rave about this service, because $6,000 a year is a lot less expensive than paying thousands to appeal a suspension and losing tens or hundreds of thousands of dollars in lost revenue.

Copyright Infringement Prevention

Make sure the images you use on your product packaging and detail pages are original or licensed by you from the creator of the image or a reliable stock photo service.  Also perform general searches on any products with a particular design to ascertain if anyone claims copyright on them, including checking with the US Copyright Office for registration.

Patent Infringement Prevention

Many suppliers, especially from unverified sources such as Alibaba, sell knock off or counterfeit products.  Make sure you are dealing with a reliable supplier and go the extra mile of checking for a registered patent on the USPTO or a service such as Google Patents.  Check designs for potential design patent infringement.

Trademark Infringement Prevention

The First Sale Doctrine provides that those who resell genuine trademarked products are not liable for trademark infringement. However, many aggressive brands will file infringement complaints and this defense is not going to prevent suspension.  Check the brand name of every listing you plan to join with the USPTO before you list the product.  And remember, even if Amazon “invites” you to join a particular listing, that does not mean you may do so with impunity.  Always check first.
Trade dress or logos can also be trademarked, as well as fabric patterns.  A search service such as Trademarkia.com can help you search for designs that may have trademark protection.

Parting Words
​
The old adage “an ounce of prevention is worth a pound of cure” is more applicable to Amazon sellers than anyone else when it comes to preventing intellectual property infringement complaints.  And remember, Amazon Sellers Attorney is here to help with both prevention and suspension.

Product photography is one of the most important aspects of e-commerce. It provides a visual representation to consumers and represents overall quality and durability for prospective buyers on Amazon's marketplace platform.
Rather than reading through the content of a product listing, many consumers rely solely on the visual components of a listing to make a purchasing decision. According to research, up to 45 percent of purchasing decisions are influenced by what customers see in the images, so it is worth your time to take good care of it. However, having an image alongside your product is not enough. You must have well-edited, high-quality Amazon product photography to capture your visitors' attention.
​
Product photography is essential for getting your products noticed and increasing conversion rates. This increase in conversion rates can be attributed to increased interest in and willingness to purchase those products.
The right product photography can lead to increased conversions. Here are a few points to consider.
​

Lifestyle images help customers visualize how a particular product fits into or impacts their lives. If consumers can form a visual image of how they would use the product or how it would fit into or impact their lives, they are much more likely to purchase the product than if no lifestyle images are included.  Lifestyle images give you more freedom and creativity to show off what your product is capable of. Use this type of image, especially to highlight product features and applications.

Lifestyle Product Photography can assist you in humanizing your product and brand. Take advantage of this by displaying products in their natural environments, alongside other items they are likely to own or enjoy – especially if you have great photos. Adding models allows you to showcase case use, custom locations will enable you to educate the shopper on when and where your product can be used, and complimentary props create familiarity for the shopper while viewing your images. 

Images are one of the most effective ways to attract customers to your online store. However, stories and emotions can be elicited quickly, which means that even if they don't buy anything else on-site – at least not yet! – You’ve gained a lifelong visitor in this person who was moved by what they saw.
​
The right combination of photography, setting, and model is essential to attract customers with emotionally engaging product images. Products can be more successful when an expert in amazon product photography photographs them with a keen eye for capturing genuine moments about how the user feels while using them.

Your product's image is only as good as its background and surroundings. Most eCommerce stores photograph their products against a plain or white background. This makes it simple to edit and integrate into their web pages.
​
That's great but taking product photos in natural settings can help add context and instill trust in your users' minds. The influence of context is a well-known psychological phenomenon that enables your customers to imagine themselves using the product, increasing their desire to own it.

Light is vital in any photography because it enhances the quality and beauty of the captured subject. The right kind also makes a big difference in increasing sales and giving them personality through interaction between models' poses and location. This is critical when building a brand around your listing and ensuring consistency across the omnichannel platform experience.
​
Lighting is one of the most critical components to consider when shooting product photography. It truly has the power to make or break your images. The wonderful thing about light is that it can be manipulated in various unique ways to create beautiful shadows or to create different moods and styles that the image conveys.

When photographing your product, make sure to photograph it from every angle possible. Transparency is essential in promoting the sale of any product, and providing customers with enough information will help them decide whether or not they want to buy what you're selling!

Capturing multiple angles of your product is the best way to showcase all of the features of your product. Furthermore, capturing images that are "zoomed in" to specific features is an excellent way to create amazing selling points through your Amazon product photography on your product listing.
​
Another effective method is 360-degree product photography. This type of photography service will capture 72 images in a 360-degree focus on average so that a buyer can get a good idea of every aspect of your product and the attention to detail put into it.

​Amazon's algorithm includes several guidelines for listing photography that, when followed, increase a seller's chances of success.

A pure white background is required for amazon product photography. This specification aims to draw attention to your products, but sellers should only use it as the main image and one or two others in the image stack. Otherwise, natural backgrounds are excellent for drawing attention and adding a human element to your listing, resulting in emotion and increased conversions.
​
To ensure that your product images are as appealing to customers as possible, choose a background that contrasts with it for all images other than the hero image. Professionals advise using backgrounds such as pure white or matching colors so that viewers can see what they're buying without being distracted by other elements on the screen, such as text labels.

​There is a direct relationship between the quality of your Amazon product photography on your marketplace listing and the conversion rate of your listing. Therefore, hiring a professional Amazon product photography company is the best option for improving your listing's ranking, increasing sales, and building a strong brand on Amazon.

Image source: Pexels
​
By Patrick Young
ableusa.info

Debt is a useful financial tool that provides resources to cover your ecommerce business expenses, buy inventory, and fuel expansion plans. However, if your business starts struggling to meet its revenue expectations, you might find yourself owing an enormous amount of money to lenders in a short period of time.
 
Overcoming debt is hard, but it is possible! Today, AMZ Sellers Attorney explores important financial strategies you as an ecommerce business owner can adopt to overcome debt and improve your venture’s long-term financial position.
 
Create a Budget
 
The first step toward taking control of your finances is creating a budget. Review your revenue and expenses for the past year and look for trends that help identify underperforming assets and areas where you are overspending.
 
Additionally, segregate the various types of debt that you have from highest to lowest interest rates. This includes credit card bills, vendor payments, bank loans, etc. Prioritize allocating money to paying off higher interest debts.
 
Similarly, recognize areas of your business that bring in the most revenue and channel your resources towards expanding it while cutting back on those that are non-profitable.
 
Reduce Expenses
 
Negotiate with your supplier to allow you more time to pay your dues or work out a part-payment system. Additionally, speak with your employees about cutting back on benefits until the business recovers financially. Through open conversation and negotiation, you could be able to reduce these expenses.
 
Overcoming certain expenses involves taking hard calls such as eliminating products, raising prices and adding shipping charges. Making these decisions could prove to be the difference between your business surviving or going under.
 
Increasing Revenue
 
Focus on the products and channels that are bringing you the most revenue and allocate increased resources towards those. For example, if your online marketing campaigns are bringing in major sales, increase the budget for the campaign and aggressively promote products on social media and your site. You can also up your online marketing game by investing in SEO services. Improving your SEO has great ROI as it will help you improve your search rankings, which often means more clicks and in turn more customers!
 
As mentioned previously, you can opt to increase your prices to generate more revenue. However, be mindful of your customer’s behavior and ascertain whether they will be receptive to the increase. For loyal existing customers you can offer discounts or add-ons to increase your average transaction value and ensure retention.
 
Also, adjust your payment terms to reduce the delay between selling and receiving payment. For example, currently, if you provide 60 days to customers to make payment, reduce it to 30 for all future orders and new customers.
 
For customers with overdue payments, promptly send reminders. Consider using a collections agency if they fail to pay even after constant reminders.
 
Consolidating Debt
 
If you have several high-interest loans and a large debt to repay, consolidation could be a good option. Consolidating debt involves combining various loans and debt into one single loan, usually with a lower fixed interest rate and monthly payment. This allows you to have a predictable amount to be paid each month rather than juggling variable payments with different interest rates.
 
However, applying for and understanding the terms of a consolidation loan can be complex. Additionally, there are various requirements such as a good credit score, proof of finances, and more which you need to submit. It is advisable to consult with a credit counseling organization or hire a debt management professional to assist you.
 
Overcoming business debt requires time and perseverance. It is essential to create a budget, cut down on business inefficiencies, and practice good financial practices. Be patient, take it one step at a time, and your situation will improve before you know it!
 
If your business is dealing with a wrongful Amazon suspension, you need qualified help on your side to get your account reinstated. Connect with AMZ Sellers Attorney today! 

​sermondo.com/listing/amazon-sellers-attorney/

​www.bark.com/en/us/company/amazon-sellers-attorney/vKjak/

​www.youtube.com/watch?v=Lf2XFWxNrG0

​www.yelp.com/biz/amazon-sellers-attorney-beverly-hills-2

​www.facebook.com/amazonsellersattorney/

​www.mapquest.com/us/california/amazon-sellers-attorney-376911135

Under the DMCA, a copyright owner can file a takedown notice against another seller who is infringing on their copyrighted work.  If the seller against whom the notice was filed, the accused seller has the remedy to file a counter-notice, which has the effect of re-establishing the allegedly infringing content, unless the accused infringer files a complaint for copyright infringement.  Under the old law, this required a filing in federal court, which can be extremely expensive.

On December 27, 2020, Congress passed a bill called the CASE Act, which provides a small claims alternative for filing a copyright infringement case.  While the remedies and damages are limited, there are several things which are very interesting for Amazon sellers:

1.   Copyright holders can now file a small claims copyright infringement case under the new law, which are decided by a four-person board of experts.  This is a voluntary process, and if the defendant opts out, you must proceed to file in conventional federal court.

2.  A filing provides you with a filed complaint that you can show to Amazon to defeat a fraudulent counter-notice.

3.  A filing is cheaper, you can be represented by counsel, and hearings are virtual (held by videoconference as opposed to in -person).

Our Amazon attorney is here to help answer your questions on this new process and how it may benefit you.
​

We provide an appeals service which, for a monthly fee, will take care of addressing these policy violations to keep your account in good standing.  Just click here for further information.

If you have been frustrated waiting up to one year for your trademark to be registered, relief is in sight.  Amazon has changed its brand registration policy.  Now, instead of submitting an application to the Brand Registry after your trademark has been registered with the USPTO, you can submit it after you have applied for the trademark, using your application serial number.

A trademark application is not something you should try to do yourself.  An expert should be consulted, who will search your potential mark and advise if you have a chance at registration or not.  A professional can also respond to office actions from the USPTO and otherwise save an application which is initially refused.
​
If your mark is accepted by Amazon’s Brand Registry during the application process, it will not retain its status with the registry unless it has been officially registered with the USPTO, which is a long process.  We can help you with this.  For further information, see our intellectual property law and trademark page at: https://www.amazonsellers.attorney/ip-law-for-amazon-sellers.html

​Several days ago Amazon US posted an Important Announcement for Drop-Shipping Policy.
Many Amazon sellers already had a chance to comment on this policy and note that nothing new was announced, but at least one positive aspect was found by everyone: the drop-shipping policy has become more clear and straight to the point.
We should take this chance to examine the entire policy, its meaning in general and important details, that you should not ignore when you choose this business model.
So, let’s start!
The policy starts with this statement:
If you fulfill orders using a third party, a practice known as drop shipping, you must follow all Amazon policies to ensure a consistent customer experience that easily identifies only you as the seller of record.
EXPLANATION: you need to make sure that a customer buying the product from you on the Amazon platform will receive an item, which will state yourself as a seller. This is very important for Amazon, and this is a reason why Amazon prohibits drop shipping from other online retailers (like Walmart for instance), as Amazon clients would receive a product with a Walmart label and next time will go shopping directly there, skipping this “unnecessary stop” at Amazon marketplace.  It is fine to source from Walmart, Home Depot, Lowes, or Bed, Bath and Beyond, but you cannot drop ship from their online site directly to customers. Amazon does not want customers ordering from their site to receive something in a box with Walmart or Home Depot written all over it.
The next paragraph states another important aspect:
As an important reminder, all violations of the Drop Shipping Policy can break customer trust. As a result, any violation of our Drop Shipping Policy will negatively impact your account health and your ability to fulfill future orders using our Merchant Fulfilled Network (MFN).
EXPLANATION: This means, that if Amazon somehow finds out or suspects you are drop-shipping from other retailers or suppliers who keep their labels on the package, your account might be deactivated and you would need to go through several rounds of appeals to explain yourself, or to use professional services like ours to resolve things faster.
But we would like to make sure you understand the difference between the brand label and the supplier label. When an Amazon buyer wants to buy a branded product, let’s say “XXX”, the product must state the brand name, as customers expect to receive exactly this branded item. The supplier label must state YOU as a seller, and not any other third-party.
Further Amazon explains the exact prohibited actions:
The following drop shipping methods are strictly prohibited on Amazon:

• You may not purchase products from another retailer and have that retailer ship directly to customers, if:
  • the shipment does not identify you as the seller of record
  • anyone other than you appears on packing slips, invoices, or external packaging

Note: This means that the name, logo, or any other identifying information from the other retailer may not appear on what the customer receives.

• You may not ship orders with packing slips, invoices, external packaging, or other information indicating a seller name or contact information other than your own

EXPLANATION: Please forget about drop-shipping from such online retailers, as:

1. Walmart
2. Home Depot
3. Costco
4. The Kroger Co.
5. Walgreens Boots Alliance
6. CVS Health Corporation
7. Target
8. BestBuy
9. eBay
10. Dollar General

Do your homework in advance and find a reliable supplier, if you wish to have a successful business through Amazon marketplace.
Drop-shipping is a very beneficial strategy:

•  If you don’t want to keep storage of a purchased stock – all products will be delivered from the supplier directly to the customer, which is extremely convenient
• If you don’t have an extra budget to purchase the items in advance
• If you don’t want to risk, whether the product will be sold or not

With a drop-shipping business model you have a guarantee, that you will get paid, as you purchase a product from your supplier ONLY if it’s ordered from your Amazon account.
But in order to have all these benefits, you have to assure Amazon that you are a reliable and responsible seller, acting partly on behalf of the marketplace. The old and the new policy provides the details, you have to consider to be trusted. Put yourself in Amazon’s shoes and you will understand, that they don’t want the products to be delivered to their beloved customers from their competitors.
The last part of the policy pretty much repeats the above statements, except the one:
If you fulfill using drop shipping, you must strictly adhere to following requirements of our policy:

• You must always be the seller of record of your products, meaning you identify yourself as the seller of your products on all information included with the item.
• Remove any information identifying the third-party drop shipper before shipping.
• Be responsible for accepting and processing customer returns.

HERE: we need to pay our attention to the last point of the paragraph: YOU ARE RESPONSIBLE FOR ACCEPTING AND PROCESSING CUSTOMER RETURNS. If a customer for some reason wants to return a product, you are the one to organize this. Not Amazon, not supplier, but you.
We wish you good luck with your business on Amazon and as always, if you have any questions, don’t hesitate to turn to us.  

At least once a week, we come across an Amazon seller whose seller account is deactivated for forged or manipulated documents. Most of the time, the seller has done something innocent like changed the quantity of an item from 1 to 10 by simply adding a zero.  Innocent, right?