Lindsey D

Forum Replies Created

Viewing 15 posts - 1 through 15 (of 103 total)

  • Lindsey D
    Participant
    in reply to: Back live finally – but should I relaunch?

    Hi Michelle,

    Thank you so much for your thoughts and insight below.

    I tweaked my title (removed ‘weight loss’) and upped my campaign budgets to over $10 and also ran an auto campaign. Funnily i didn’t get a single sale from the auto campaign but got a few from the other campaigns.

    the issue is that I’m spending circa $50 per day and only taking about $50 per day in revenue so my ACOS is 100%!

    I checked that the negative KW was on exact match and also checked that my listing does index, so I’m not sure what else to try. Is there an issue with my listing itself? It sold great back in January and February but that was before all the new style hula hoops were on the market and was in the new year time when fitness is popular.

    That being said, other competitors of mine with the same product are getting some sales….

    Im not sure what else to try…

    Many thanks, Lindsey

    Link to listing: https://www.amazon.com/Weighted-Fitness-Hula-Hoop-Detachable/dp/B08L28KBFV/ref=mp_s_a_1_11?dchild=1&keywords=weighted+hula+hoop&qid=1614166474&sr=8-11

     

     


    Lindsey D
    Participant
    in reply to: Back live finally – but should I relaunch?

    Hi Coaches,

    Just looping back on the below. I set up my campaign a week or so ago targeting the below 3 keywords but am barely getting any clicks. Think I’ve had 3 clicks in a week. Im using ‘exact’ targeting which Amazon suggest a default bid of $0.75. When I didn’t get much traction I upped this to $1.50 and then $2.50 and still don’t get the clicks.

    ive put a negative kw of ‘kids hula hoop’ in as these are a different product to mine.

    Could you help shed any light please? Many thanks

    Lindsey


    Lindsey D
    Participant
    in reply to: Back live finally – but should I relaunch?

    Hey Isaac,

    Thanks as always for your thoughts and for looking at KW’s for me. I’ll go with that as a plan and throw some PPC money at it and see where we go!

    Thanks again,

    Lindsey


    Lindsey D
    Participant
    in reply to: Back live finally – but should I relaunch?

    Hi Amanda, thanks so much for your support, and kind words too – it really means a lot.

    In terms of info needed for your questions below;

    – I can’t even find my product when I search for my main KW (hula hoop) or my other KW (weighted hula hoop). That said, I do make a sale once every few days (1 unit!) so it is definitely live!

    – I’m currently at $22.99 and competitors with big volume are at $15. Break even is around $19-20.

    – I’m willing to invest $3k or so to get it back on track. My big concern is this new type of hoop which has swamped the market. I almost feel like my version is obsolete, so don’t want to throw good money after bad? Or maybe I’m over thinking that.

    – I didn’t actually do PPC with my first load of inventory can you believe. I just did a 5 day giveaway and got great ranking and traction and enjoyed organic sales for weeks before a competitor had my listing removed for IP infringement (which I successfully argued it wasn’t, but only after 3 months had passed and my listing was way down the pages).

    So that’s my history of it really. Any advice you could give on a way forward would be much appreciated.

    Many thanks, Lindsey


    Lindsey D
    Participant
    in reply to: Back live finally – but should I relaunch?

    Hi Coaches,

    Hope you are all well. I’m in need of some guidance please if you could.

    I lost all ranking back in July due to my account being suspended for 3 months. I managed to get it back live but have done very little since then, apart from a 5 day giveaway which yielded very little by way of ranking. Thanks Isaac for your feedback below.

    Since then i’ve just sat on the product and continued to pay storage fees ($600 or so per month). I’d never usually have done this but my poor husband was diagnosed with cancer over the summer (age 42, fit as a fiddle) so i’ve not had the head space for much outside of his care and our tiny children. Not looking for sympathy here, just to explain why i’ve just continued to suck up the storage fees which seems a crazy thing to do. Anyway, I realise I need to get some product shifted as I have 3,000 units in stock.

    My competitors continue to sell at rock bottom prices which doesn’t fill me with confidence. Futhermore, there is a new style of hula hoop which seems to be very prolific when you search for ‘hula hoop’. It’s not like my/the old style hoops, but its with a small fixed hoop with a weight attached externally which spins round the hoop. There are LOADS of them for sale and most of the first page is full of these hoops. I’m now unsure whether that’s the issue here and that there’s a trend away from my style of hoop towards this new style?

    Either way, it feels like it’s a much tougher market that it was back in January when sales were much easier. I would love to think my hula hoops will do great this year and for the next 5 years but am concerned I had some bumper Covid ‘everyone is exercising at home’ luck back in January. I don’t want to lose the profit I made back then by wasting money now though.

    Should I just try another relaunch and throw PPC at it too? I’m unsure whether my biggest hurdle is the new style of hoop or whether it’s a wrong time of year for the product?

    Many thanks in advance for any assistance and thoughts.

    Lindsey


    Lindsey D
    Participant
    in reply to: IP infringement

    Hi coaches,

    I hope you’re all well.

    My situation remains unchanged with my listing still down. Most worryingly, my new stock which started to arrive this week has all been put to ‘unfulfillable’. My settings are set to destroy broken/damaged stock classed as unfulfillable without me having to authorise this. Is it possible that Amazon could destroy my new stock then?

    Ama I able to collect my new stock from amazon and take it to my 3pl?

    I’m losing faith in my lawyers now. I’ve chased them twice and had no answer as to the next step. I’ve reached out to the lawyer which Regan suggested.

    Many thanks

    Lindsey


    Lindsey D
    Participant
    in reply to: IP infringement

    Hey Amanda,

    Thanks so much for your thoughts.

    I’ve sent the lawyers an email setting out my expectations. It’s been 5 weeks since I engaged them so it is really frustrating that i’m still no closer. I’m feeling quite despondent about it all now.

    The lawyer has told me that the rights owner owns the trade dress, so it’s use of the image that is the problem. I still don’t understand though as the images on my listing are my own images of my product, not their product or their image. Either way, i’ve amended all of my images to show smooth hoops only and Amazon will still not accept it. I don’t know what else to do?

    If I were to create a new listing for my new inventory, would Amazon be able to relabel those too do you know?

    Many thanks again,

    Lindsey


    Lindsey D
    Participant
    in reply to: IP infringement

    Hi Isaac, sorry if I’ve confused matters. Yes one of the pictures was of my hoop with the wavy ridges as that is my product. I’ve never used the image owned by the rights owner. If this isn’t a patent issue, then I’m not sure what the problem is of including images of my own product? There are tens of other sellers on Amazon selling my product with the wavy ridges and all have photos of their own product.
    I don’t see how my listing is any different if this isn’t a patent issue.

    Thanks

    Lindsey


    Lindsey D
    Participant
    in reply to: IP infringement

    Hi Isaac, thanks so much for your feedback.
    When you say the image should never have been uploaded if it wasn’t my product – all of the images are of my product. Octavio did the artwork for me and sourced all images from istock and then created an image of my hoop on to each image if that makes sense?

    This is why I can’t understand the infringement?

    Many thanks

    Lindsey


    Lindsey D
    Participant
    in reply to: IP infringement

    Hi Amanda and Team,

    Thank you so much for looking at my position and getting your expert heads together – i’m really grateful.

    Regarding the lawyers, I don’t feel in all honestly that they have pushed things as much as i’d have liked them to. They sent two emails to the rights owner (both ignored) but I found a separate support@ email address for the rights owner and have asked them twice to email there also. I’ve also asked them to phone using the number they have. It is a US number but i’m not convinced the rights owner is in the US.

    They’ve told me from the outset that it is likely to be a tactic used by the rights owner to put competitors out of business.

    I still don’t see how the rights owner can be given so much leverage and power over my listing and Amazon don’t seem to look at the actual facts of the matter.

    I’m hugely grateful for any help you can give me with this though.

    For reference, i’ll copy and paste here my latest Appeal note to Amazon which the lawyers drafted for me.

    Many thanks,

    Lindsey

     

    Dear Seller Performance,
    We would like to appeal the suspension of ASIN B08L28KBFV due to a trademark infringement
    complaint. We understand that Amazon takes these complaints seriously, so we have thoroughly
    examined our account to determine the root cause of the issue and implemented appropriate remedies.
    ROOT CAUSE
    ● We created ASIN B08L28KBFV to sell weighted exercise hoops manufactured by Bright Delta
    Ltd. Our hoops do not have wavy ridges on the inner circumference of the ring. A photo of the
    product is attached for your reference. (See Exhibit A)
    ● On April 26, 2021, we received a policy warning alleging that our product packaging infringed on
    the trade dress protected under Reg. No. 4322769. The mark consists of a circular exercise hoop
    with the unique shape of the wavy ridges on the inner circumference of the exercise hoop.
    ● There is nothing in our product packaging that uses the mark described above. Photos of all six
    sides of our product packaging are attached for your reference. (See Exhibit B)
    ● However, we recognize that the confusion was likely caused by the product photos used on the
    listing page. Our creative team had incorrectly used images that feature a model holding an
    exercise hoop with wavy ridges thereby causing the claimant to believe that the product sold
    under ASIN B08L28KBFV infringes on their trade dress, even though the actual product and its
    product packaging do not.
    ACTIONS TAKEN TO RESOLVE THE ISSUE
    ● ASIN B08L28KBFV was removed by Amazon from our account on April 26, 2021 therefore, we
    are unable to edit the contents of this listing and remove the infringing product photos.
    ● We have made multiple attempts to reach out to the claimant however none of our
    communications have been responded to.
    ● We attached a copy of Invoices No. 14508142110300004309 and 15606142110300004309 for
    ASIN B08L28KBFV. We sold 3,086 units of this product within the past 365 days prior to its
    suspension. Our invoices show a total of 5900 units which means our invoices match our sales
    volume for the past year.
    STEPS TO PREVENT THE ISSUE GOING FORWARD
    ● Effective immediately upon reinstatement of ASIN B08L28KBFV, we will edit the listing to
    remove the infringing product photos.
    ● As soon as we have access to ASIN B08L28KBFV, we will replace the infringing product photos
    with images that show the actual product, which does not have wavy ridges on the inner
    circumference of the hoop. For your reference, we have attached copies of the product photos that
    we intend to use moving forward. (See Exhibit C)
    ● We reviewed all other listings in our inventory list to ensure there is no infringing content on any
    of our product pages to prevent other infringement complaints in the future.

    ● Together with our employees, we read and reviewed Amazon’s Intellectual Property Policy for
    Sellers and FAQs for Trademarks. We will continue reviewing these policies during our monthly
    team meetings held every first Monday of the month to keep ourselves familiar with these
    guidelines and ensure that we are up to date with any changes.
    If you need any additional information or documentation, please let us know. Otherwise, if you are
    satisfied with the information outlined above, please reinstate ASIN B08L28KBFV.
    Sincerely,
    Lindsey Fellowes-Freeman
    Honed & Toned


    Lindsey D
    Participant
    in reply to: IP infringement

    Hi Regan/Coaches,

    I hope you’re all well.

    I’m still getting no where with having my listing put back live again. It’s been down for 6 weeks now and I only have 8 or so days left of the 60 days they gave me.

    I engaged a lawyer (one recommended by Loza & Loza) and paid them $1,500. They have drafted various responses for me which i’ve sent to Amazon. Amazon are still asking for the Letter of Authorization or a retraction letter from the rights owner.

    The lawyer and I have both reached out to the rights owner but they simply do not reply and have ignored all messages.

    I don’t know what to do now and am really concerned. I just had $20k of stock arrive in the US – I don’t even know what Amazon will do with it, especially if my account gets deactivated.

    As an overview, my original hula hoop product had bumpy ridges on and I think (but aren’t sure) that this was the problem. I still have 700 of those units in stock at Amazon. My new stock delivery is of a smooth version of the hula hoop. We have pointed this out to Amazon and said that this blatantly is not the same product and my new images (when they allow me to upload them) only show a smooth hula hoop. But still they keep asking for the letter of authorization or a retraction notice – neither of which I can get hold of.

    I’m at a loss and aren’t confident that the lawyer has any better ideas.

    Amazon won’t speak on the phone about this and just ask for the Appeal button to be used.

    I feel like I should be able to sue the rights owner for loss of income on this, or even Amazon! None of this seems fair and I feel I have no control in it.

    Any advise or suggestions you may have would be really appreciated.

    Many thanks,

    Lindsey


    Lindsey D
    Participant
    in reply to: IP infringement

    Hi Regan,

    Many thanks for your advice. I’m really confused though – all of the images were Istock images bought by Octavio. The image of the hula hoop himself was created by Octavio himself.

    The term ‘hula hoop’ is ubiquitous surely? Every single one of my competitors uses this. It’s the name of the product – I’m not sure what else to call it?!

    Amazon have suggested an invoice from the factory as one resolution which is what I’ve sent. I don’t understand how they can ask for it but then say it’s not enough.

    Surely there needs to be a part of Amazon where you can speak on the phone to them about this?
    I genuinely don’t understand what I’ve done wrong.

    Thanks

    Lindsey


    Lindsey D
    Participant
    in reply to: IP infringement

    Hi Regan,

    Sorry – this initial email from Amazon is probably more pertinent to the issue. Many thanks, Lindsey

    Hello,

    We removed some of your listings because we received a report from a rights owner that they may infringe the following trademark. The listings we removed are at the bottom of this message.

    — Trademark number: 4322769

    Why did this happen?
    One or more of your listings may be infringing the intellectual property rights of others.

    We’re here to help.
    If you need help understanding how you may have infringed the above trademark, please see the Amazon Intellectual Property policy (https://sellercentral.amazon.com/gp/help/external/201361070), or search for “Intellectual Property Policy” in Seller Central Help.

    How do I reactivate my listing?
    Please provide one of the following to reactivate your listing:
    — An invoice, a valid Order ID, or letter of authorization from the manufacturer or Rights Owner demonstrating that your use of the trademark is lawful. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff.

    How do I submit this information?
    Go to Received Intellectual Property Complaints under the Product Policy Compliance section in account health (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa) and locate the deactivation record for this product listing. Click on the Appeal button next to the listing deactivation record to submit information necessary to reactivate your listing.

    Have your listings been removed in error?
    If you have never sold or listed the product, please reach out to us and tell us.

    If you think that the rights owner has made an error in sending the notice, please reach out to the rights owner and ask for a retraction of the notice. To retract the complaint, the rights owner must send the retraction to us at notice-retraction@amazon.com or use the retraction function in Brand Registry.

    These are the rights owner’s contact details:
    —    Kun Lin
    —    amazon.us@sports-hoop.com

    We can only accept retractions if the rights owner clearly states that they made an error. For any other reason, please explain to us why you were warned in error so that we can investigate the case.

    If you do not provide the information within 60 days, you will receive a request to remove the inventory associated with these listing per our removal policy (https://sellercentral.amazon.com/gp/help/202000820). Failure to address this request can lead to destruction of your inventory.

    ASIN: B08L28KBFV
    Infringement type: Trademark Product Packaging
    Trademark number: 4322769
    Complaint ID: 8260184531

    You can view your account performance (https://sellercentral.amazon.com/performance/dashboard?reftag=email_warn) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing against the performance metrics and policies required to sell on Amazon.

    — iOS: https://itunes.apple.com/us/app/amazon-Seller/id794141485
    — Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en

    Sincerely,
    Amazon.com


    Lindsey D
    Participant
    in reply to: IP infringement

    Hi Regan,

    No problem – here’s the full email text. Thanks, Lindsey

     

    Hello,

    Thank you for submitting information to reactivate your listing. We reviewed your appeal and determined that you have not submitted required documents or the documents submitted are invalid. Please include the missing information listed below and resubmit in your plan of action.

    Please provide any one of the below documents for proving authenticity of your listings:
    — 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.
    — An invoice to indicate that your products are original and are not duplicates or copies thereby infringing on the intellectual property.
    — 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.

    Has your listing been deactivated in error?
    If you believe there has been an error, please tell us why. Your explanation should include how your listing(s) have not violated the brand’s intellectual property along with documents mentioned above to support authenticity.

    Where do I send this information?
    If you are appealing an action we have taken on your listings for an intellectual property complaint, go to Received Intellectual Property Complaints in the Product Policy Compliance section on Account Health (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa). Locate the deactivation record for the product listings you want to appeal and click on the Appeal button next to the record to submit your appeal to reactivate your listings. If you want to submit additional information, click on the “View appeal” button next to the deactivation record. Click the “Submit additional information” button to submit information necessary to reactivate your listings.

    What happens if I do not send the requested information?
    If we do not receive the requested information, the listing will remain removed and your account may be deactivated.

    ASIN: B08L28KBFV
    Complaint ID: 8282809771

    You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to payments-funds@amazon.com.

    You can view your account performance (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing against the performance metrics and policies required to sell on Amazon.

    — iOS: https://itunes.apple.com/us/app/amazon-Seller/id794141485
    — Android: https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en

    Sincerely, Seller Performance Team Amazon.com https://www.amazon.com


    Lindsey D
    Participant
    in reply to: ISO certification and other

    Thanks Jo, really appreciate your comprehensive reply to me on this. That’s great.

    Thanks

    Lindsey

     

Viewing 15 posts - 1 through 15 (of 103 total)
Loading...