RO files multiple complaints but buys from same supplier
Hey everyone, we had our account suspended due to a competing seller leveraging their trademark to file multiple complaints against us. The thing is, we both purchase our products from the same supplier, so I know our items aren’t “counterfeit”
Here’s an example of one of the complaints:
We received a report from a rights owner that the products listed at the end of this email are inauthentic.
The rights owner is asserting that the products infringe the following trademark:
–Trademark number :[redacted]Why did this happen?
One or more of your listings may be infringing the intellectual property rights of others.We’re here to help.
If you need help understanding why your listings may infringe the intellectual property rights of others, please search for “Intellectual Property Policy” in Seller Central Help (https://sellercentral.amazon.com/gp/help/external/201361070).
How do I reactivate my listing?
Please provide one of the following to reactivate your listings:
A retraction of the report from the rights owner: [redacted]
An invoice or letter of authorization from the manufacturer or Rights Owner verifying the product’s authenticity to notice-dispute@amazon.com. External links are not accepted. For security reasons, we only accept attachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff,
Have your listings been removed in error?
If you believe there has been an error, please tell us why. Your explanation should include the following information:
– Proof that you have never sold the reported product. We will investigate to determine if an error occurred.OR
– Explanation of why you were warned in error. We will investigate to determine if an error occurred.
What happens if I do not provide the requested information?
If we do not receive the requested information, your listings will remain inactive.ASIN: [redacted]
Infringement type: Counterfeit
Trademark asserted:[redacted]
Complaint ID: [redacted]
There were four in total, all asserting the same trademark. We have submitted our POA with invoices as well as documentation to show that our supplier is the same one the RO uses, but still haven’t had any luck. It’s been over 6 months now and I’m at a complete loss as to what we can do.
Seller_4XucFhBTs4e6R
If the other seller owns the trademark on the product, then you should be buying from them. Sounds like you found a similar looking item and listed under their listing.
Seller_lYLz1roOGTQRE
A Rights Owner has exclusive importing rights in the US – that’s what owning the rights means. You cannot import their products on your own even if it is EXACTLY the same. Your items are counterfeit in the eyes of Amazon and the law.
However, if the item is truly generic and the seller is only claiming rights he doesn’t really have, you might have a chance and should approach the problem from that direction.
Seller_cu1Lr54OxusWw
and
Nor will you likely have any luck.
Bottom line - Seller owns the trademark. That means no one else, manufacturer nor supplier, had any rights to sell the brands products. Doing so without the Rights Holders permission is the very definition of counterfeit
If the product is branded with their trademark then if you sell them they are counterfeit.
If the product you buy is generic but you list it on the product page with their trademark on it - counterfeit.
So, unless this supplier has a contract saying they can use the trademark and are authorized by the brand to sell the product than you will almost certainly not get by without admitting the mistake.
Seller_6PT86mmjrFnOJ
Are you able to get a letter from your distributor stating you have permission to sell this product? If you can, send it to Amazon to show you have permission
