I am an exclusive US import & distributor and licencee of my selling brand from Korea. We also do wholesale distribution since we are the exclusive distributor in the US. However, since about a week ago there is a seller who’s selling our products claiming that they are purchased from a department store in Korea and saying that they are all genuine which are made in Korea. We are not aware of this seller since we have not distributed to this seller.
So I politely wrote to this seller that they are not authorized reseller therefore they should stop selling and using our brand name to sell the products unless they become authorized reseller here in the US.
Then we heard no reply from them. Today I put a complaint to Amazon about possible trademark infredgement because we have not supplied to them and that they are not authorized resellers and that it’s possible they are not genuine products. However, Amazon states that they cannot delist their products because of following reason.
+“Amazon respects a manufacturer’s right to enter into exclusive distribution agreements for its products. However, as the enforcement of these agreements is a matter of contract between the manufacturer and the distributors, it would not be appropriate for Amazon to assist in enforcing these agreements.”+
I kind of suspected this to happen since I’ve seen this in their compaint page. But doesn’t the rights to use the trademark is only given when they are the authorized resellers which proves the authenticity of their products being sold?
I have exclusive agreement with my manufacturer/owner of the brand to protect their intellectual property in the US along with the exclusive distribution rights therefore it’s my job to protect it and also to protect my other resellers who’s selling or who’s planning to sell our products in Amazon.
They first put the products in MSRP set by us but they haven’t been able to sell much so they marked it down and some of them are close to our prices and some are actually lower than my other seller which does impect their sale. I just don’t understand how they can sell the product with such a low margin when they are bought in retail price from a department store.
I just submitted another complaint to Amazon and will see what’s going to happen. I have a strong feeling that they are going to say the same thing like last time. I have no idea what action to take after that happens.
Does anyone have some advice or had similar experience that would like to share?