Amazon sellers are suspended for various reasons. I will discuss some of the common reasons sellers are suspended (and how to avoid suspension). I will also provide tips on how to get your account reinstated if you are suspended. Lastly, I will discuss basic intellectual property law, how to avoid claims, and ways to resolve them.

1. David Miller
Amazon Seller Lawyer
David@DamLawFirm.com
+1 516 313 1572
HOW TO PREVENT AND
RESOLVE AMAZON
SUSPENSIONS

2. About David Miller, Esq.
● Founder of the law firm, David Allen
Miller Law, PLLC
● US lawyer specializing in issues
pertaining to Amazon
● Experienced in helping Amazon and
other e-commerce sellers with:
○ Amazon listing / account suspensions
○ Brand protection
○ Intellectual property registrations and
disputes
○ Various business law issues

3. The Challenge of Amazon Suspensions
● The problem: Listing / Account suspensions
● What we will discuss to overcome suspensions:
○ Common Amazon suspensions
○ What causes those suspensions / how to prevent them
○ How to reinstate listings and accounts

4. Common
Amazon
Suspensions in
2023
1. INAUTHENTIC 2. BUSINESS
VERIFICATIONS
– INFORM ACT
3. RELATED
ACCOUNTS
4. RESTRICTED
PRODUCTS
5. DROP
SHIPPING
6. REVIEW
MANIPULATION
7. SELLER CODE
OF CONDUCT
8. IP
INFRINGEMENT

5. Inauthentic Suspensions
How to Prevent?
● Thoroughly vet suppliers: make sure
online presence exists
● Consistently monitor customer
messages / negative feedback
● Check for damaged/expired products,
shipping problems
● Review products before joining listings
🡪 make sure products match exactly
○ If another brand name / model # (even if it
looks similar = wrong ASIN)

6. Business
Verifications

7. Business Verifications – INFORM Consumers Act
● Requires Amazon to verify certain info from high-volume, third-party sellers.
***MAKE SURE NAME/ENTITY on BANK STATEMENT matches Amazon
ACCOUNT
If not, request a bank verification letter.

8. Related Accounts
● Often tied to business verification
suspensions
● Suspended when a seller creates an
additional account using the same info as
another account
● No longer need approval for 2nd
account
BUT
○ Need legitimate business reason for second
account
○ Examples of legitimate business needs:
■ 1) owning multiple brands and
maintain separate businesses for
each
■ 2) manufacturing products for two
separate companies
■ 3) You’re recruited for an Amazon
program that requires separate

9. Related Accounts
(Continued)
● Common ways accounts
are linked:
○ Wifi/ IP address
○ Credit cards, bank
accounts, names,
addresses, phone
numbers
● Do NOT suggest multiple
accounts but if there is an
absolute need:
○ 1) Separate product
categories, 2) Account
info separate, 3)
Seller support
approval

10. Restricted
Products

11. Restricted
Products
● Get approval for products
that require it BEFORE
selling
● Avoid common pesticide
claims – “prevent bacteria,
“sanitizes, disinfects or
sterilizes,” “resists mildew,”
“remove or prevents mold”
● Medical devices (FDA):
Devices potentially harmful
or unsafe unless operated
by licensed healthcare
worker.
○ Over the counter to general
consumers vs prof- use and
prescription only (when in

12. Drop Shipping

13. ● Must be the seller of
record
● Need to make sure no
other seller name or
contact information
appears on packing slips,
invoices, or external
packaging.
● To avoid issues:
○ 1) Agreement with
supplier that only
you will be identified
○ 2) Remove all info
that identifies a 3rd
party drop shipper
○ 3) Responsible for
accepting +
processing customer
returns

14. Review Manipulation

15. Review Manipulation
● DO NOT:
- Incentivize reviews – no rewards, discounts or compensation in
exchange for a review
- Insert a request for positive reviews or an incentive in exchange for
a review into product packaging or shipping box
- Write a review yourself or ask family members/friends/employees to
write reviews
● BE CAREFUL:
- When hiring 3rd
parties to assist in obtaining reviews (often offer free
or discounted products tied to a review)

16. Seller Code of
Conduct Violations
• Contacting customers
outside Buyer-Seller
Messaging
• Diverting customers to
your own website
(links/messages)
• Attempts to influence
reviews (only neutral
manner, no incentives)
• Attempts to damage or
abuse another seller
(inaccurate IP claims)

17. Intellectual
Property
Infringement
● Trademark
● Counterfeit
● Copyright
● Patent

18. Trademark
Law

19. Trademark Law
● a word, phrase, symbol or logo
used to identify goods and
distinguish the goods of one
seller from those of another
● Avoid using well known brand
names in listings if not actually
selling them
● “Does this create confusion as to
the source of the goods?”
● You can ”describe” products even
if using brand name. Ex: “Crystal
Clear” for TV or “Cold and
Creamy” for ice cream.

20. Counterfeit Accusations
● VET suppliers
● Make sure they have a web
presence / solid invoices
● Make sure company info
online matches invoices
● If no web presence, Amz
likely will not accept.
● All should be done before
you begin selling

21. Copyright
Law

22. Copyright Law
● Songs, photos, poems,
books, paintings
● Most common copyright
issues on Amazon:
photographs and verbiage
● Amz: joining a listing
(perpetual license)
● DMCA counter-notice

23. Patents
1. License Issued by
Government
2. Design Patent
3. Utility Patent

24. Utility Patent vs Design Patent
● Utility Patent
○ Protects the way an article is used and
works (20 years)
○ When a new process, machine, or
manufacturing system is invented (Ex:
Toaster oven)
● Design Patent
○ Protects the way an article looks (15 years)
○ When a new design for an existing product
is created
○ Can apply when a product’s look or style is
changed (Ex: Mickey Mouse toaster oven)

25. Avoid Patent Complaints
● If your own product, make sure there is no
patent registered before product is sold
● If not your own product, ask the supplier if
they have a patent or license
● Amazon requesting non-infringement
letters in response to these cases
(invalid/unenforceable)

26. Steps to Resolve IP Complaints
● Step 1: Review the IP registration number
(USPTO.gov or copyright.gov)
● Step 2: Is the complaint valid?
○ TM: class of goods, first use date, owner
information
○ Copyright: what is covered, date of creation
○ Patent: effective filing date, independent claim
analysis (starts with (”a” or “an” and ends with
”comprising”) - must contain every element
● Step 3: Contact the rights owner, request a retraction

27. Plans of Action to
Reinstate
Accounts
Three Main Components
1. Root Cause
2. Corrective Actions
3. Preventative
Measures

28. Guidelines to
Prepare Plans of
Action
● Be clear and concise
● Provide evidentiary
support
● Highlight important
areas
● Avoid emotional
appeals
● Refrain from pointing
the finger at other
sellers

29. David Miller
David@DamLawFirm.com
+1 516 313 1572
@DavidMillerEcommerceLawyer
@DavidAllenMillerLaw