My apologies, you are not the norm.
Get an IP attorney and let them handle it.
My apologies, you are not the norm.
Get an IP attorney and let them handle it.
While you may feel, your case is different than the thousands of other sellers this is happening to, in reality, it is not and the most efficient solution, is to follow the advice below.
The instant you begin bringing the terms, “trademark”, “patent”, etc…, into a case, it throws the complaint into a different department, that will require a great deal of time, money and effort to resolve. Amazon does not get involved in intellectual property rights, disputes, unless you file through an attorney.
Do not make any test buys. Open orders will slow the process down, so the other seller, already has a kick-start.
You want the seller off your listing, +before+ they start getting feedback and ASAP.
Please, do not add anything extraneous to your email, if you follow the first link or if you post in the forum, through the second link. Most sellers, do both, but do not, send multiple emails, to seller-performance, as it will slow the process, even further.
I think the scary part is that these guys pop with a new profile, screw your listing and product up; then disappear to only come back a few days later with a new profile and do it again.
Get an attorney and file patent infringement lawsuits against each and every one of these jerks. It’s expensive, no doubt, but this is a law enforcement issue as I see it.
As far as Amazon is concerned, go ahead and start listing on other platforms to help tide you over. Then contact Amazon legal department or the Jeff Bezos executive team. If they don’t help you then it’s anyone’s guess what your future with this product would be here on Amazon.
Good Luck… This is wrong… Keep fighting the good fight!
Feel sorry for you but sometimes problems like that are self induced.
Do you really think the company that made your product IS NOT going to sell them to some one else. When you play that game expect it to backfire on you.
That’s not the case. I manufacture the product myself here in the U.S.
If Amazon is not going to help you after repeated tries to get them to help, you have 2 choices.
Counterfeiting is a Federal crime, If you created a brand, you need to protect it so others don’t diminish that brand and your companies reputation.
This seller is selling FBA. Does that change any of your thoughts on handling it?
It’s been going on for over two years. There are months it slows down, but then picks up again.
They have a setting that you can only purchase 2 units per checkout. I was going to try to buy them out but not able because of this.
I’m hearing from some of the other sellers that using this email method will work against hijackers that are FBM. However, it isn’t working against the ones that are doing it through FBA and shipping counterfeit items. Any thought on that?
We’ve had no problems having multiple counterfeiters who’re using FBA get shut down via test buys - unlike FBM listings, +something+ will be shipped.
Edit: just saw your pm; I’ve missed the 15-minute window for editing a post, but I’ll ask the forum moderators if they can please remove your ASIN from my previous post in compliance with your wish. Mea culpa!
Edited by: Dogtamer on Jan 14, 2018 1:48 PM
After seeing your product I would be careful.
What is your actual patent application number?
Thinking about a patent and then “claiming patent pending” is not legal, you must have filed and have your case number BEFORE you can claim patent pending.
Make sure your ducks are in the row or you will end up in more trouble than the hi-jackers.
Myself I see absolutely nothing patentable, you trademark embossed on the product is a big help and will be your only protection from hi-jackers.
I only question this because I see no features for a utility patent and a design patent for that product is easily broken.
That only works when you are the only one selling bottled water in the desert and 500 miles from then next town.
Fact is 80% of the sales go to the lowest price. Why is Amazon and Walmart constantly LOWERING prices.
If the seller is FBA, there is no reason not to do test buys and bolster your counterfeit claim with documented proof that the delivered product is not the same as listed.
I believe the assumption of most that have responded (myself included) was that you were a victim of the “just-launched” scammers that list, collect funds and never ship anything.
If there is physical, fake product that you can have in your hand by Wednesday, and is low cost, order a few of each color. Take advantage of the purchase limits and spread the quantity out over a few orders
Once you receive the product, email the seller about what you received. Make sure to clearly identify yourself as brand owner/manufacturer and the purchase as a “test-buy”. Make it clear that these purchases were done in preparation for an infringement /counterfeit claim. It doesn’t hurt to throw in some “bot-bait” words in the message like fake, counterfeit, pirated, that attract policy-bots (especially in the subject line). Give the seller a 24-48 hr time frame to acknowledge your letter and pull his listing(s).
Open an individual return request for each item (separately) as not as described/fake etc. A single order and return of 10 items is one defect. 10 returns = 10 defects/opportunities to document a complaint.
Do not leave feedback or review!
Photograph and document (weigh, photo and measure) the differences to be attached to your complaint to Amazon. Hopefully, the automatic safeties will kick in and get the seller’s listing pulled down. Trying to get Amazon to move on this type of complaint is maddeningly slow and, if pursued in court, is cripplingly expensive.
The only change, I will suggest, in this case, is to make a test buy. Please, still follow the report procedure above, since it remains the most expeditious way to get them off your listing, which is the primary goal.
You can go one-on-one with the seller, as suggested, by others, before, during and after.
The item is all over eBay, obviously being sold by drop-shippers, as well, since you seem to be in a price war with the hijacker and they are taking full advantage of that.
A suggestion: RAISE your price. Don’t get into a repricing battle. Stand your ground.
P.S. The Just Launched scammers, have been utilizing FBA, with knock-offs. That is not new, either.
No … that’ll get your account reviewed for misuse/manipulation of feedback.
It is dangerous as a seller to leave feedback for any other seller in your categories and product lines. It can lead to potential suspension.
If you buy something from a competitor, or someone that could even remotely be perceived as a competitor, it is best to not leave feedback.
Bad feedback could be construed as an attack or pressure being applied to another seller.
Positive feedback could be seen as helping a friendly enterprise.
Even if it wasn’t against policy, if there is a conflict between sellers, it is best to be handled in a professional manner, with paper trail, through messaging.
When disputes devolve into public thrashing in feedback and social media, nobody wins but the most damage is done to the one who has the most to lose.
NEVER leave seller feedback! It is considered feedback manipulation and can get YOU suspended!!
+Any attempt to manipulate ratings, feedback, or reviews is prohibited.+
Ratings and feedback: The rating and feedback features allow buyers to evaluate the overall performance of a seller, helping sellers to develop a reputation within the Amazon Marketplace. You may not post abusive or inappropriate feedback or include personal information about a transaction partner. This also includes posting ratings or feedback to your own account. You may request feedback from a buyer, however you may not pay or offer any incentive to a buyer for either providing or removing feedback.
Reviews: Reviews are important to the Amazon Marketplace, providing a forum for feedback about product and service details and reviewers’ experiences with products and services—positive or negative. You may not write reviews for products or services that you have a financial interest in, including reviews for products or services that you or your competitors sell. Additionally, you may not provide compensation (including free or discounted products) for a review. Review solicitations that ask for only positive reviews or that offer compensation are prohibited. You may not ask buyers to modify or remove reviews.
What steps have you taken so far? You need to do a test buy.
Since you are in the brand registry, report the infringement through there as well.
Your business has not been taken away overnight, these things happen and you need to take action.
Provide the following when reporting.
The ASIN/ISBN of the item’s detail page and the product title.
The store or business name of the seller you are reporting.
A concise explanation of the violation.
Amazon.com Order ID of a test buy that confirms the violation.
Copy of your trademark registration certificate.
Proof of purchase for the product’s UPC bar code.
Photos of the item(s) you received in the test buy.
Your address, telephone number, and e-mail address.
A statement by you, made under penalty of perjury, that the information in your notice is accurate,
and that you are the trademark owner or authorized to act on the trademark owner’s behalf.
Find out how much they have in FBA… is your product hard to replicate? does it have moving parts or complicated electronics that may easily break if not manufactured properly? I’m asking because if it does… then for sure you will receive negative reviews, are they cheap enough where you can buy all their stock?
Im not sure if this is allowed… Other sellers pls chime in.
if they have a repricer… you lower your price a certain amount and if they follow…
you buy all their stock.