Month: May 2020

What is the Amazon Captive Team?

May 22, 2020 Leave a Comment

When Seller Central isn’t helping, there is another option.

By: Caitlyn Way

Working through issues in Amazon Seller Central can be exhausting.

It is not uncommon to run into issues in Seller Central. From inventory issues, technical errors, or listing problems that only Amazon Employees can fix. You can find yourself in an endless loop of phone calls, emails and unanswered questions. The Amazon Captive Team is exactly what you need to get over this hurdle.

The Amazon Captive Team?

Amazon Seller Support Captive Team is a team of internal Amazon employees that have access to tools and knowledge that not all front line or partner associates have. There is a common misconception that all Captive associates are North American based. This is not true as a large majority of Captive Amazon Seller Support Agents are internationally based in India, Costa Rica, North America and the UK.

Escalating Cases

If you continue to have issues, even after working with a member of the Captive team, never be shy to “escalate” an issue.

Escalating the issue can do two things:

It will bring it to the attention of the direct manager (or advisor, they will refer to themselves as a member of the ‘Amazon Leadership Team’) who will hopefully be more knowledgeable and retain the case until it is resolved.
It can eventually be transferred, if necessary, to the Amazon Escalations Team. This escalations team is a highly trained, typically North American Captive Team, who will resolve the issue at hand or bring it to the attention of the appropriate internal team. Escalation associates are specifically trained to handle aged and more complicated issues that have fallen through the cracks of the front-line agents

How do I contact the Captive Team?

You can open an email case with Amazon Seller Support here.

However, please note that this is one of the slowest ways to receive support, especially during the COVID-19 pandemic. Once your case is created, request that it be transferred to the Captive team. This may take a few attempts. Another, faster option is to request phone support.

What is the Seller Support phone number?

Unfortunately, there is no direct phone number for Seller Support. The best way to contact Seller Support by phone is through your seller account and requesting a contact.

To do this, follow the instructions given below:

Step 1: Open the Contact us page of Seller Central at this link.

Step 2: At this page, it is important to first choose what your problem is associated to. You will normally see two options:

Selling on Amazon – Select this option if you have queries related to selling or listing on Amazon.com.

Advertising & Stores – Select this option if you have questions related to sponsored brands, stores or sponsored products.

Step 3: The next page will be a list of common issues and questions. Choose your concern from this list, or select ‘Other Issue.’

Step 4: This is where you can create either an email, phone, or chat-based case. For these purposes, select ‘Phone.’

Step 5: Enter your phone number, select whether this issue is urgent, and then include a short description of your issue. Whenever you contact seller support, it is important to address each concern separately and clearly. This will ensure the fastest resolution and the least amount of pushback and confusion.

Step 6: Select the ‘Call Me Now’ button. You will be in the queue for a phone call right away. Be prepared to be on the phone. Have your Seller Central account open, your account details and billing information handy as the associate on the other end of the phone may ask you for it.

Step 7: Request to be transferred to the Captive Team.

Have questions about your Amazon seller account, the Riverbend Consulting team is ready to help you. Let’s talk 877-289-1017 or visit our website.

Caitlyn Way provides support to our clients and our operations team. She creates meaningful monthly reports that help us identify trends in client accounts. In addition, she helps manage workflow and ensure everything runs smoothly. Cait spent two years in Amazon Seller Support, where she specialized in feeds, variations, escalations, product compliance and gating. In her off time enjoys baking and exploring with her two daughters.

Amazon suspends sellers for inauthentic, sells their “fake” goods to the public

May 22, 2020 Leave a Comment

Does Amazon really believe 3P sellers offered bad products, or is it trying to make a quick buck?

By: Lesley Hensell

Is Amazon liquidation safe? Unsuspecting members of the public are buying goods Amazon labeled as “inauthentic” or in violation of a brand’s intellectual property (IP). In similar fashion, third-party sellers who purchase liquidation lots from Amazon’s warehouses are buying stock fraught with authenticity and IP problems.

This shocking strategy reasonably upsets veteran Amazon 3P sellers. In essence, Amazon either suspends their products (ASINs) or even their selling accounts. Then, the company refuses to return inventory if it has been characterized as counterfeit, an intellectual property violation, or inauthentic.

But what happens to the goods then?

To dispose or not dispose

In cases of counterfeit (or accused counterfeit) goods, Amazon destroys the goods. This is a legal requirement that is likely followed to the letter.

But then there are the rest of the goods. Imagine a third-party seller is listing perfume for sale. A buyer says that the perfume doesn’t “smell like she remembered this brand smelling” and complains that the item must be inauthentic. Amazon suspends the seller’s ASIN and asks for proof that the products are authentic – in the form of invoices.

The seller submits the invoices – real ones – to Amazon. For whatever reason, Amazon will no accept the invoices. They tell the seller no dice, you cannot sell that ASIN again, and we are going to dispose of it.

But then, Amazon does not dispose of the item. Rather, they put it up for sale on their Amazon Warehouse Deals account.

Shocking? Absolutely. After all, Amazon’s own in-house risk management team decided the goods could not be confirmed as authentic. Yet Amazon seizes them and sells them on its own 3P account. At what point does this become both theft from the seller and/or fraudulent behavior on the part of Amazon? It certainly shows cognitive dissonance and corporate schizophrenia.

Here’s a great example from one of our own clients. He was accused of an IP violation on his own trademarked, private-label item. The seller came to us for help, and we helped win the appeal. Unfortunately, by the time he hired Riverbend, Amazon had already seized $180,000 worth of his ASIN. What happened after the client won his appeal? Amazon claimed it had destroyed the inventory. And then, it popped up as an Amazon Warehouse Deal.

Liquidation spreads the problem far and wide

If Amazon Warehouse Deals doesn’t want the “fake” inventory, it most often goes into liquidation lots sold out of the Amazon warehouses. Amazon allows several companies – including its wholly owned subsidiary Woot! – to piece together lots of inventory. These goods have been “disposed of” by third-party sellers, or by Amazon at the direction of Seller Performance and Vendor Performance.

This allegedly law-breaking inventory that is inauthentic or an IP violation goes from the liquidation companies to all manner of purchasers. They then sell it on secondary and tertiary markets.

And guess who makes up a significant percentage of purchasers of liquidation lots? You guessed it. Amazon third-party sellers. These unsuspecting sellers believe (or are told) that if the inventory was liquidated out of an Amazon warehouse, it must be safe for sale on Amazon again.

Unfortunately, nothing could be further from the truth, and the cycle continues. Through it all, the only one getting rich is Amazon.

Have questions about your Amazon seller account, the Riverbend Consulting team is ready to help you. Let’s talk 877-289-1017 or visit our website.

Lesley is co-founder and co-owner of Riverbend Consulting, where she oversees the firm’s client services team. She leverages two decades as a small business consultant to advise clients on profitability and operational performance. Lesley has been an Amazon seller for almost a decade.

The Top Five Trademark Registration Options for Amazon

May 21, 2020 Leave a Comment

What is the best way to get a trademark registration for Amazon in a timely manner?

By: Preston P. Frischknecht

If you sell online, getting a federal trademark registration to protect your brand can be an important tool. For example, eligibility for the Amazon Brand Registry generally requires a federal trademark registration. Many eager sellers are surprised to learn that it may take months or longer to obtain the trademark registration.

So, what are the best trademark registration options for Amazon and how do you get it in a timely manner? Here are some options compared:

1. Do it Yourself (DIY)

Like many things, it’s possible to get a trademark registration by doing it yourself—you will save some money if you pull it off. But, one Stanford study shows that pro se applicants are less than 50% likely to succeed. Delays, failure, wasted filing fees, and costly rebranding can be painful. Unsurprisingly, the USPTO “strongly encourage[s]” use of a U.S.-licensed attorney who specializes in trademark law. So, trying to get a trademark registration by yourself is probably not the best option.

2. Online Trademark Filing Service

There are many online trademark filing services (think Legalzoom.com) that are DIY+, offering to file trademark applications for between ~$100 and ~$500 (not including government fees). Unfortunately, many of these sites skimp on upfront due diligence and work. They also aren’t great at gleaning and analyzing the information necessary for preparing a well drafted trademark application. Problems during trademark examination like added costs and delays are still common in this approach. While online trademark filing services are slightly better than DIY, they are usually not as good as a traditional law firm.

3. Law Firm

Using a traditional law firm is the tried and true way to do trademark registration. Again, if a firm has good trademark attorneys, your chances of success go up dramatically (as mentioned above). The problem is that this is a very costly route: according to the American Intellectual Property Law Association (AIPLA) 2019 Report of the Economic Survey (“2019 AIPLA Survey”), the median cost for trademark attorney work (like a trademark clearance search and opinion, trademark application, and trademark prosecution) is $3,230, not including government filing fees. For many folks, this is just too expensive.

4. Amazon’s IP Accelerator Referral Service

In a variation of the law firm option, Amazon advertises a list of trademark attorneys to obtain trademarks for the Amazon Brand Registry at pre-negotiated rates. However, these rates are still relatively expensive. For example, an Amazon IP Accelerator attorney charges $2,400 for a comprehensive trademark search and trademark application (not including government fees). According to the AIPLA Survey, this is higher than the median cost of around $2,000 for the same services by other trademark attorneys. So, Amazon’s IP Accelerator referrals are better than DIY and online filing services, but close to traditional law firm expense.

5. Solo Trademark Attorney or Small Firm

Solo trademark attorneys and small firms are usually less expensive than larger law firms and they can perform as good or better than them. This is the case because bigger firms have larger overhead to cover. In fact, according to the 2019 AIPLA Survey, solo attorneys are typically 32% less expensive than their peers at larger firms. So, using an experienced solo or small firm trademark attorney is a great option. You will do much better than you would on your own or with an online trademark filer, and with less expense than a regular law firm or Amazon’s IP Accelerator Referral Service.

Contributor Preston P. Frischknecht is the principal trademark attorney at Brand Registry Trademark. Brand Registry Trademark is a small intellectual property law firm specializing in legal services for online sellers throughout the United States and abroad.

Take responsibility for your Amazon account

May 19, 2020 1 Comment

Don’t ignore those pesky notifications from Amazon

By: Sam Newlands

Amazon loves sending performance notifications. Sellers dread them and can easily assume Amazon is out to get them, but this is not the case! The dreaded performance notifications and flagged ASINs are a way Amazon has the seller take control and responsibility for their account. First and foremost, when you receive a Performance Notification, do not ignore it! Especially if a plan of action is being asked of you. If you ignore these notifications you put your account at risk of being suspended which could be detrimental to you, especially if your Seller Account is your sole source of income. Take responsibility for your Amazon account.

Here are 3 ways to start taking responsibility for your Amazon account:

Stop Blaming:

I’ve heard numerous times, “The customer just wants their way”. Of course they do. They are the customer. Have you ever gone shopping whether it be in person or online and have a level of expectation of how your experience should be? So do your customers, and Amazon is 100% about the customer’s buying experience from clicking on “Buy” to receiving their purchase. It is your job as the seller to provide good buying experience, even though it is seemingly behind the scenes.

Stop Complaining:

Amazon isn’t out to get you. Competitors more than likely aren’t scanning the vastness of Amazon perusing the pages looking to make life difficult for you. While

we do technically live in a dog eat dog world, when you receive a performance notification from Amazon, either they have found an issue that needs to be

addressed, or a customer’s buying experience expectations weren’t met and there was a complaint. Yes, some customers want to complain for the sake of complaining, but Amazon doesn’t want you to complain in response. Instead, do a little bit of research. Did the performance notification ask you for a plan of action? Look at the complaint, have you received any previous complaints on the same item? Are they similar to the new one? Is there a bigger issue that needs to be addressed with your item? Take a look at the bigger picture of the complaint. Amazon wants to know you’re taking accountability for the items you offer to sell on their marketplace. This is why they ask you about the root cause of what caused the complaint, you are in charge of your items and your account at all times.

Don’t Take It Personally:

Remember, Amazon really wants to know the root cause of a complaint, what you’ve done to address it, and what you’re going to do to prevent future complaints of that nature. If you write a plan of action, and it gets approved, Amazon expects you to follow that plan of action. Words are fleeting, action is proof. Again, Amazon is not out to get you. Understandably, getting denial after denial can be frustrating and can feel personal, it is not a personal affront to you as the seller. Take the time to really look into your supplier, your inventory, past and present complaints (if applicable), and ways you can make your seller account really stand out.

Looking for other ways to protect your account? Check out this blog: How to spring clean your Amazon Account. Of course, we are here to help you, if you ever have questions, concerns, or want some guidance in how to write your appeal, contact us at 877-289-1017 or visit our

website: www.riverbendconsulting.com

Happy Selling!

Sam applies her impressive tenacity to get Amazon seller accounts and ASINs reinstated. She enjoys research and looking beyond the surface layer to help sellers solve their issues. While working at Amazon, Sam was involved with the AWS and SES teams looking for fraudulent account activity and unauthorized account take over.

The many kinds of intellectual property violations on Amazon

May 18, 2020 Leave a Comment

Intellectual property violations on Amazon run the gamut, but all put your seller account at risk

By: Kayla Forrest

Intellectual property rights are taken seriously. Why? Because intellectual property violations on Amazon can turn into a legal issue.

When it comes to Intellectual Property (IP), Amazon protects itself. And to protect itself, Amazon gives the benefit of the doubt to the alleged Rights Owner. If a Rights Owner (RO) made a complaint that their IP was violated, and Amazon did not act, Amazon would be legally liable.

Unfortunately, this creates terrible headaches for Amazon sellers who are often incorrectly warned – and even suspended – over trademark, copyright, patent and counterfeit claims.

Standard IP complaints on Amazon

Trademark is one of the most commonly filed IP complaints. A trademark is a legally registered symbol or word(s) that is used for representing a product or company. If an RO has a registered and active trademark, and is being shown on someone else’s detail page or product, enforcement can occur.

This can also happen with a Common Law Trademark (unregistered trademark). Amazon will warn sellers for Common Law Trademarks when the trademark can be verified. This means the trademark must be known in the region it is being reported, and it must be associated with the RO.

Copyright infringement means that the RO’s work is being used without permission. This applies to a picture, book, film, song and many other forms of media. On Amazon, this complaint is more likely to occur with images. If an RO can show that there is a violation by providing information about the work or the copyright registration number, the seller will be warned. Technically speaking, the media does not need to be registered at all.

There are two types of patents that can be reported to Amazon. These are design patent and utility patent. To put it simply, a design patent is for the visual qualities of a product. A utility patent will protect the functionality of a product. A valid, registered and active patent must match a supposedly infringing product. Dealing with a patent infringement issue can be very difficult. It may be best to seek legal advice if the situation occurs.

The most common IP complaint: counterfeit

The most common infringement type that a seller may face is for counterfeit product claims. For an RO to report a counterfeit claim, they must have a registered and active trademark. The trademark must be seen on the product, and the RO must be claiming the products are fake or counterfeit. Frequently, an RO will declare exclusive distribution when supporting their counterfeit claim. Amazon clearly states that they will not support an exclusive distribution claim. Therefore, it would be useful for sellers to look out for exclusive distribution when attempting to contact an RO.

What to do when IP complaints are filed

In conclusion, all of these intellectual property claims can cause headaches for sellers. But with the right knowledge, you can gain reinstatement for your account or ASIN. Even though Amazon is looking to protect itself and the RO, all sellers deserve a chance to appeal infringement warnings. Proper advice can help the seller move past the issue and prevent future enforcements.

Most importantly, don’t ignore IP complaints. Address them head-on. If Amazon thinks you are not serious about these and other warnings, you are at much higher risk of losing your selling privileges — maybe permanently.

Need to talk about intellectual property violations on Amazon issue in your account? Give us a call 877-289-1017 or visit our website.

Kayla Forrest focuses on appeals for Amazon account and ASIN reinstatements. Kayla has 4 years of Amazon experience where she worked in Seller Support and as an Investigation Specialist. In those roles, Kayla dealt with escalations and focused on FBA, intellectual property rights, as well as brand and product gating.