Intellectual Property Complaints


#47

Yes, and appeal the decision or do something proactively. We’re currently suspended for an identical reason for an item we never even sold, just listed.

Same here!


#48

This information is factually incorrect and these practices will get you sued eventually when you file a fraudulent complaint against the wrong business.


#49

I certainly understand manufacturers and brands wanting to control the marketplace their items are offered in. Not doing so degrades a brand and pricing. However, many of these IP complaints are for simply having an inactive listing on an item. I’ve had dozens of these because I purchase both directly from suppliers and from large distributors. Despite asking explicitly if there are any items restricted from sales on Amazon or other venues, and painstakingly removing these items from any lists we run, we still end up with listings (usually inactive) for items we’ve never carried and don’t intend to carry. Many brands won’t even respond to our emails, and we’ve had to hire lawyers to fight with the brand to issue a retraction, even though we asked the distributor, and did not purchase nor sell the product.


#50

Can someone explain to me why the “First Sale Doctrine” does not apply to most of these cases? Here is the excerpt from the Department of Justices website on the issue. It would be great if there are any attorneys in the chat to chime in.

“The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends, however, once the owner has sold that particular copy. See 17 U.S.C. § 109(a) & ©. Since the first sale doctrine never protects a defendant who makes unauthorized reproductions of a copyrighted work, the first sale doctrine cannot be a successful defense in cases that allege infringing reproduction.”


#51

@PIXI_Creations, @Peabody, @Power_Enterprises_KC

The first thing you should do, is open your own thread, so as not to confuse the OP’s questions, with yours.


#52

1st sale does NOT mean you can sell as NEW

It is also an Amazon TOS violation


#53

You can attempt to use it as a defense in court.

It has no relevance until you get to court.


#54

https://sellercentral.amazon.com/gp/help/help.html/?itemID=G202017130&ref_=xx_G202017130_a_r0_cont_sgsearch&referral=A3V9MCNBC5IGO3_A2X0AB7AQN4IXK


#55

Please do refrain from purchasing brands that are protected from unauthorized distribution. Likely your list moving forward will continue to grow extensively.

As a manufacturer and brand owners like us; simply, we do not want you to sell or provide customer service directly to our customers, we can do it ourselves and provide a much better experience to the customer; when they’re using our branded products. Nor do we want drop-shippers!

If you are approved by a brand owner or manufacture to sell or distribute their “new” products, make sure you’re okay listing them for sale on marketplaces such as amazon or any other venue as “new”. Sorry you feel that way about brand owners and manufactures protecting their IP and valued reputation online. Especially on amazon!

There are far too many fly-by-night sellers who could care less about protecting your brands reputation or IP, as long as they can make a buck on your products or even sell them something that is not your brand but looks close enough. Too risky to take a chance, so it’s better to gate them.


#56

your account can get banned if you continue to get these type of complaints

from experience I would never do that again because youll lose money from time off Amazon

If you do not have rights or license to sell DO NOT SELL

so to answer your question YES there will be consequences if you continue to do so


#57

:face_with_raised_eyebrow: @THE4BAGGER, I think that you missed the most important part of my post that I have quoted here ^^^ for you. As noted in the post to which you are replying, I was simply summarizing manufacturers’ possible positions–I was not delineating either Amazon’s or my own opinions or definitions.

This marketplace is controlled by Amazon.


#58

The same thing happen to me and Amazon took my money everything I sold I bought with my own money and they have suspended my account and refuse to even help me or answer any of my emails except with an automotive computer generated email saying that this cant be appealed …the items they defrindged me on I bought from aliexpress and Alibaba and I didnt even sell not even one and I deleted the ad as soon as they told me I was infringement…I’m so upset that they can just take your money when everything I’ve sold and made the money off of is my items that I bought with my own money…I dont know how this is even legal I been selling only for 4 mths and this was the only month I’ve made any money and they suspene my account and hold my funds saying I’m infringement which is not true…of they allow to list yours under someone else how do we know we are breaking any rules they allowed me to sell mine …ots just 3D moon sticker and a Christmas rolling pin and some dog cookie cutters and ponytai lbeanies and I’m getting punished like this …if we cant sell them then why are we allowed to list them and why are we allowed to buy them wholesale from distributor at a loss and very upset over this…especially when Amazon want even help me resolve this issue I have invoices showing I bought these items legally


#59

Me too an item that I losted that I never sold and my account is suspended and I can get no help none from Amazon and it was an ungated listing so I listed mine I was told to remove the listing so I did and still my account was suspended


#60

These people filing these intellectual rights infringements are some…- It’s best to avoid selling their dumb products - there is no profit on them anyways ------------------For example, if you sell like 1000 pieces it’s like just $3 profit on each - how can you sell anything on Amazon for less than $20 and then fight other sellers from selling it.

Solution is to find products with high mark-up value and not available on Amazon to sell. Avoid cheap products they are filled with dumb sellers fighting to make $5 , $3 and $1 profit. If you sell these items - you are going to end up with a lot of infringement violations.

Moderator Edit (Jake@SellerSupport): Profanity Removed


#61

I am doing this with all my name brand products. Since I also sell on my website, my credit card processor has to approve my reseller application of name brand products before I can post it on my website. I just Google the company and look for a reseller or wholesale application and go directly through them. It saves all the headaches that may come later.


#62

For the one’s who have fought complaints or have retraction by complaints like this.

Did the ip complaint get removed from your dashboard?
https://sellercentral.amazon.com/performance/dashboard

Over the last few months I’ve been hearing conflicting stories.
With regards to the seller getting their listings reinstated whether it be by retraction or fighting the claim…

For some the ip complaint notice is still shown on the dashboard despite successfully reinstating;
with seller’s informing them that no matter what it stays and you’ll have to wait 180 days.

While others claim that it goes away completely…

:thinking:


#63

its supposed to stay on for 6 monthes… but not sure what happens if you are successful in getting it reinstated and retraction of complaint…:thinking:


#64

You can sell those things… as USED… not as new. Legally and within Amazon, brand owners have the rights to say who can sell it as NEW. I do it with my brand - because there are a lot of shady sellers who scam customers, and then those experiences reflect on my company AND I want the customers to have the best experience possible. You see it in reviews all the time - 1 stars because someone got scammed by one of the other sellers who had 2 or 3 they found in TJ Maxx or something. That’s nothing to do with the product but those reviews are there to stay on the product forever.

That’s not so say you could not be a distributor, you just have to apply and be in conversation which seems easier to me than say, yard-saling it. Which I did for years, by the way - but that stuffs for used sales or ebay or hobby sales.

Personally, I’m more PO’d about the direct-from-Chinese-factories on Amazon - those guys are killing the economy. Skip the US makers, the US wholesalers, the US packaging companies, the US workers… we’re ALL squeezed out and dead as they take over. With those, Amazon will look more like Ali Express than anything.

ETA one more thing. The World’s Biggest Marketplace refers to having the largest selection of products, not necessarily the largest number of sellers. Amazon has often stated they want to be able to sell every item under the sun (I am not sure if that is still the case, but it was for a long long time). Ebay, on the other hand, prides itself on being there for as many small sellers as possible. Like I said, I love ebay. It’s downfall (IMO) was allowing so many overseas factories to dump there stuff there, and all the content ripped off Amazon with auto-listers, tripling the price of the products. But that doesn’t alter the fact it’s the best place for the type of selling that you are describing. Or etsy if the product is right.


#65

Would you feel the same way if the product was food, or dietary supplements for example? Manufactures (producers) in these industries would only want their products sold by authorized distributors as they want to continue to own the supply chain up until the buyer opens their mouth and eats their product. Food products not stored properly for example can make someone sick or even kill someone. Think bacon & cheese and many other food items, should unauthorized random Joe off the street seller be able to sell “My Vermont Cheese Company” cheese?


closed #66

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