6 years 600k a month with flawless metrics suspended for 1 abusive RO. Boo Amazon


#2

Having an attorney reach out to the complainant is not a way to get Amazon to act.

It does not seem you have moved the needle relative to risk to Amazon as things stand Amazon is assured that they have little legal risk compared to what they might have if they reinstate your listings.

You need to consider additional legal activity.


#3

I have found that when we send an email to the registered email address as a seller 9 times out of 10, the company ignores is. When they actually do respond, usually they try and blackmail you, and say we are not retracting until you agree to never sell our brand on Amazon. Obviously they wish to control and really restrict who sells. We are always at a disadvantage when it comes to the brand. I wish I knew how to get Amazon to act. I have shown numerous times paperwork directly from my supplier and then from my supplier directly to the brand and yet all we get is not good. Going further while I am doing that still takes time, and all without income or access to my inventory. It takes months and months to actually sue a company, and then they still hold all the cards. I have actually spoken to numerous sellers in the last couple of weeks, and it is really scary the lengths companies go to get people off their pages.


#4

That does not make you an authorized seller of the brand, nor does it insure that your customers are entitled to all of the customer service and warranty offered by the brand.

Sometimes the brand owner is correct in these disputes. Perhaps more often than many Amazon sellers would prefer, and Amazon is taking appropriate legal action to protect itself by being drawn into this dispute.

There have been disputes like this for well over 50 years in the camera industry.

I remember when Pentax Cameras imported into the country by both businesses and individuals had the Pentax logos defaced because of infringement. I also remember when Minolta introduced the M-tag and a different US warranty to stop parallel imports.


#5

Why does the seller need to be suspended in this situation if the seller agrees not to sell the brand?


#6

The seller gets suspended because if Amazon does not suspend them and hold payments and FBA goods, Amazon is legally liable.

Unless the brand owner removes the complaint, Amazon could be sued if they did otherwise,


#7

If a seller sells 1000s of items - and its obvious there is no true counterfeit, clearly there is no realitsitc risk to Amazon. Can you point me to a sample lawsuit where the following conditions were met?

  1. Large seller selling 1000s of items.
  2. a RO files a claim - disappears - does not answer emails - leaves the company
  3. Seller submits invoices that items are authentic
  4. Seller agrees to remove the brand in question

and Amazon still gets sued? Please point me to one such case


#8

There is a legal risk once Amazon is notified of infringement, if they do not act to stop continued infringement.

There is plenty of case law and opinions to show that Amazon’s so called “ISP immunity” ceases if they do not act.

Amazon does not judge such cases, the courts do. It is not going to court for you or any other seller.

Either party to the dispute has the ability to start a legal action, and doing so is what is needed to break the logjam if negotiation fails.


#9

I agree sometimes brand owners are correct, but more often than not. They are abusing the Amazon system. Amazon is not taking legal action at all. They are taking a step back, and saying the Seller needs to fight it out with the Brand Owner. I agree that should be the case, but Amazon needs to somehow tell the seller you want permission to use this system. You must be responsive to the seller, and you cant coerce them into compliance. I too am from the Camera industry, and I have seen the lawsuits that Canon has filed against Gray Market sellers in the US. Different Model would not be sold online, For Example Canon Kiss X4 is not sold on a Canon EOS Rebel listing. Defacing is also different, because making it a different product. I am talking about goods that are legitimate goods directly from brands, with no change or different models. I would love the opportunity to fly to Amazon and sit down, and talk about all the angles, and generally help make it a free enterprise for everyone, while ensuring that actual counterfeit product is removed from the marketplace.


#10

Broken chain of custody = counterfeit.

That is #1 rule in supply chain management.

OP has more going on that what is being disclosed.

Most is the key word, its not all brands.

At that level of sales due diligence regarding provenance is typically addressed and clearly documented.


#11

Yes, absolutely correct. You get a A+ for observing that.

And because they have they are not a party to your dispute.

Should they be sued anyway, you get the bill for their legal costs.


#12

There is no broken chain of custody. The goods were not authorized dealers for, we buy from Authorized Distributors/Dealers. I always have paperwork all the way back to the brand.


#13

There is probably not one active 3rd party seller on Amazon that is willing to take the chance of taking Amazon to arbitration, as you know you cant sue them. In the risk of retaliation of losing their account. If I was in Amazon shoes, and I gave someone the privilege of selling on my platform, and the seller had the gall to sue me, off with their heads.


#14

I signed up with one a couple weeks ago. They claimed they are a “distributor” however they only had a couple of this and that. Not hardly a true distributor that has a legally binding contract with the source of the products. Even though you believe you are good to go with them that is not always the case.

Almost all of the off brand goods can careless who or how the product is sold. Have the misfortune of the getting product from one that has a tight grip on their brand you now have a serious problem.


#15

I know of some sellers who have taken Amazon to arbitration and won.

But you will not win in this case. Amazon’s action is completely legal and highly justified.

If you are falsely accused you need to sue your accuser.


#16

Agreed, but if you are able to get paperwork directly from your supplier that has invoices, and I am not talking about buying from RA or OA. There is a reason I buy only branded goods, on top of that, I always call the brand before dealing with any new vendor and verify that they are a dealer/distributor. We do our due diligence, and always have. I have been in the online game for over 20 years. I know the do’s and dont’s.


#17

I am surprised, very gutsy to take Amazon to arbitration and be an active seller. Amazon’s case is not about legal or not. My account is down because of a false complaint. I would welcome to talk to the Rights Owner who filed a complaint against me. In fact I tried calling the company well over 100 times. I have reached out via email, Linkedin, and so on. All I got was silence. Funny that I should have to sue the accuser, last I checked innocent until proven guilty. It is upto the accuser to prove that I am guilty. I will gladly defend myself.


#18

So sue him, if he won’t sue you.

Amazon has no responsibility to you. It has a responsibility to its shareholders.

If you want to clear your name - go to court.


#19

I have started, it takes money and time. But meanwhile my account is down during the busiest time of the year.


#20

It is sad and expensive, but over relying on Amazon sales comes with a great many risks.


#21

That is all you will get, many of us are tired of the rinse and repeat cycle on here.

If their attorney handled it you are finished selling on here because more than likely it is all within law what they did.

If its some do it yourself person that is google and forum educated in IP law then you more than likely have a very good chance of getting this restored.

Problem is those doing DiY have NOTHING, even though you might win in court you still owe your attorney. Its not cheap.