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anishell avatar image
anishell asked

Why is my original artwork rejected on merch by amazon?

Just opened a merch by amazon account this week and submitted designs. All my work are made by me and did not copy from anyone else. But for some reason, 1 design was rejected. According to the email from merch, it says that I violated policy 1.1 copyright I did not find any designs that looked anything like mine and I check with uspto.com for trademark issues in the keywords and found none. I sent an email to merch to ask and pin point exactly what was in the submission that violated their policy, and I sent them the original ai file of my design to prove that I made it. They just sent an email with a list of what could be the issue, which didn't help me. I have no idea what is wrong with my design and I would like some advise on what to do. You can see my design and a screenshot of my submission on amazon.

The brand name reads "Tootsie Cool"

product of title "Funny Rainbow of Turtles T-shirt Women Men Children Gift"

Keywords "Funny Rainbow of Turtles t-shirt baby turtle tshirt shirt teeshirt tees I like turtles gift for her gift for him turtle lover graphic tees teeturtle reptiles pet turtle cute turtle kawaii turtle tortoise sea turtle gift for women gift for men gift for children turtle beach graphic shirt"

Product description "Funny Rainbow of Turtles t-shirt makes a perfect gift for men, women, and children. Unique design by Shelly Khan. For a more loose fit, please order a size up"

All 20 of my shirts have the brand name Tootsie so I don't think that's the issue. Unless Tootsie and turtles could trigger a red flag?

rejected design

screen shot amazon page

merch by amazoncopyrightdesignpolicy
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Trademarked for -

Sports vests and scrimmage vests for team identification purposes for sports and athletic competitions such as those offered in school physical educational programs or youth groups and clubs


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revie avatar image
revie answered

If I were to guess, I'd point to the word "Tootsie" in the brand name. Maybe someone at Amazon thinks your t-shirt full of fun, multi-colored turtles is too close to the 1982 Dustin Hoffman film?

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You could be right. Now that I think about it, it could be that the word Tootsie and just having the word turtle is too close to the tootsie pop candy because of the old commercial. But then all my shirts have the brand name Tootsie

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newuser-fad462df-bd0e-416a-b627-a4cad9d0a81e avatar image
newuser-fad462df-bd0e-416a-b627-a4cad9d0a81e answered

I just did a search on uspto and "Tootsie" does have a live TM. On page 2 of exact word match for "tootsie"

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Greg@Amazon avatar image
Greg@Amazon answered

Hey,

Thank you all for your help on this issue. Anishell, if you are ever looking for for further clarification regarding a rejected design, you can reach out to the Merch by Amazon Seller support at merch-sellers-contactus@amazon.com and they can connect you with the team that can provide you direct guidance regarding what IP you have violated. Hope this helps.

Greg

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I did contact using that email merch-sellers-contactus@amazon.com but they just sent me the link to all the policies and just say that I violated copyright 1.1 which doesn't pin point what was the issue. Could be the design or could be a word trademark issue. I have no clue.

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anishell avatar image
anishell answered

Thanks guys. I guess I didn't quite understand uspto. I'll remove Tootsie from my brand name.

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newuser-d91e05fc-3a21-4099-9dfb-8edf40f7a449 avatar image
newuser-d91e05fc-3a21-4099-9dfb-8edf40f7a449 answered

Amazon doesn't want you to describe the garment in any way, i think its because it said for a loose fit to get a size up, the words loose fit means you are describing the actual garment and should amazon ever change the manufacturer of the garments then anyone who describe the shirt itself will then be possibly false advertising since they describe the fit, quality, length size or anything else like that and then AMZN are the ones dealing with customers who expected what was described.

You control your designs and they want you to only focus on that for your description. Any info you list that has to do with anything that is on their end they want left out and that info will be in the automated bullet points that they add when each design is created. They list things such as the % of cotton for each color, should they in the future change garments they would probably update all MBA items across their site to reflect those changes but they have no control over changing your own description and thus the garment changes and listings describing old garments become a problem. You can get lucky and stuff pass through their system while another will get flagged, some things just slip through the cracks but its best to just avoid saying anything about the product besides the design.

Here's the TLDR example: Don't describe the garment in any way. I'm used to things being small so i ordered one of my own shirts a size up and its way to big, i actually needed my actual size and it's loose enough. If I was a customer and was told to order a size up and I had done so based on the recommendation I would probably be getting a refund or exchange from amazon and that is why they don't want these things advertised by the seller, we don't control the garment only the design.

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newuser-b499e21d-3a07-4eff-8d81-b5095fbe55c6 avatar image
newuser-b499e21d-3a07-4eff-8d81-b5095fbe55c6 answered

I don't mean to hijack this thread in any way but I just had the same thing and I can't for the life of me figure out what TM I have violated. My design says - I used my super powers and became the greatest school teacher.

I used these tags: super powers, my super powers, superpowers, greatest school teacher, best school teacher, school teacher, school teacher designs, favorite teacher, teachers gifts, teacher gifts, teacher of the year, teacher present, school teacher gifts.


and my description is: I used my super powers and became the greatest school teacher. This funny school teacher gift will make any teacher happy.

I don't see anything wrong with any of that do you?

Thanks

Karl

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