"Threatened" by a chinese seller for reporting trademark violation


#1

We’ve been selling on Amazon since 2013. We have a few brands on the platform and actually manufacture the products we sell here in the USA.

We have seen the markets we serve get very competitive with the influx of chinese sellers. For the most part we coexist pretty well though they seem to pull all kind of tricks to manipulate the platform

Had a new chinese competitor pop up using our trademark inappropriately. We dinged them for it, Amazon agreed and suspended the listing.

Received this email from them this morning (I edited some content to remove identifying information)

Dear ************,
We were warned by Amazon of infringing your trademark, we are sorry about it and we had delete the keywords of your trademark and please consider to retract the claim from Amazon(Complaint ID: **************).
We recommend that we should do Amazon business peaceably and don’t mess it up.
We had several trademark on Amazon for same type product, we have the lowcost material and cheap manpower, if there are any other improper competetive behavior, we may try to manipulate the market price.
Best Regards,


Normally we will retract a claim as most infringers fix their listing and life goes on. But this email has really irritated me.

Would there be any benefit to reporting this to Amazon? Or should I just ignore it.


#2

You actually don’t coexist very well, that is a only your perception.

What ever you do DO NOT, I SAY AGAIN, DO NOT RETRACT your IP claim.

Yes report that to amazon in a concise and fact only manner.


#3

Hi Skeeter,

What is reasoning behind not retracting a claim? Your bold letters and emphatic language implies you feel strongly about this.


#4

They know exactly what they did for one.

When you let them off the hook they will just move to another target and repeat the process.

Let them trick amazon into getting a new account.

Additionally, in our case we have many from USA doing it too so its not isolated to one part of the world at all.

Also, since they are assuming the role of an activist shows their account must be dead in the water. I really don’t believe amazon will totally shut a seller down over a few IP issues because sometimes they are unavoidable even with rigorous due diligence. I am reaching on this but assuming they are dropping the hammer on those with a chronic problem doing that.

Since they are now using activism shows they are desperate for the release thus implying a chronic problem with IP issues.


#5

Another issue with complying is that you could be considered complicit in price fixing. A competitor has contacted you saying that they could lower their price, but they would rather “do business peaceably”.

It’s a bit of a stretch, but price fixing is a big enough deal that you don’t want to be anywhere near something like that.


#6

Very good point.


#7

I don’t necessarily read the seller’s message as a threat. Due to his lack of facility with the language, he may only be trying to say that he intends to compete by raising or lowering his price, rather than by using unsavory tactics. Just can’t tell.


#8

Non committal tone and alluding to what their intentions are, then this statement:

Double talk it means; we will use price point to knock you out of the the space.

Not enough for a court of law, however when on the street the meaning and intent is very clear.


#9

Whether it is read as a threat or not the issue is still the other seller should not be on the listing as it is different manufacturing of a product that is Trademarked. If the OP does not protect the Trademark no one else will. Report the message.


#10

That is not too bad, I was threatened black mail of my products as well as maipulation of my products, and that they would detsroy my business out of spite lol. Luckily for me, I was able to prove the authenticity and it was resolved on my end. Flaming dragon was not as pleased.


#11

@mark4 - I dont get exactly what they did?

based on the Chinese sellers response…did they use your brand name in their product keywords for a similar product??


#12

I second what @Skeeter says here.

  1. You will never actually coexist well with any Chinese sellers, they can/will destroy you with prices. And they can/will setup operations here in the USA and get their US trademark for similar products. That you cannot do anything about.
    Now that they are present by the thousands on here, you’re at the mercy of the consumer to choose who they want to purchase from, based on reviews, price, images, description and possibly the fact that you might let them know you operate from the USA somehow. Reality is, consumers want low prices even if they have to buy it again and again over time. This puts the Chinese sellers at a major advantage over you on this platform. Personally I think the fact that amazon opened the flood gates to them shipping their goods into FBA warehouses and selling directly to US consumers on this platform and taking the proceeds back to their own country was a very bad move for US sellers on this platform, but at the same time it made bezos and this company absolutely rich and allowed them to expend their business on so many levels. So what do they care about the US seller? Our government has old trade policies with China that were in place when China was a 3rd world country. Now they are not a 3rd world country, 2nd largest economy in the world and the policies for them importing their goods directly to the US, needs fixing ASAP. Problem is the US business pays huge import duties on goods from their country, yet they can ship their goods here for pennies and pay low low prices to the carrier as well.

  2. I second the fact that you should not retract your IP claim! If you do anything, go after every single Chinese seller that you can find and drop the hammer on them, HARD! Thousands of sellers on this platform operating in the US with thank you tremendously for doing both.

Personally I’d like to know the procedure to submit successful IP claims on a bunch of Chinese sellers I’ve been watching for years do exactly what they have done to you, to us. We tried once and amazon denied the claim.


#13

Oh Please!! Who are they kidding. DO NOT RETRACT. They don’t care about you and it was not a mistake. They knew exactly what they were doing. Take the gloves off, double down and hit hard. You absolutely must report this subtle inappropriate innuendo to Amazon.


#14

Yes… they used our trademark in one of the bullets of their listing. Our trademark has become an actual search term on Amazon and other search engines. So it is used both blatantly in listings but also, we suspect, in backend keywords.

The reason we suspect the latter is some listings show in in IP Violation search meaning somewhere in their listing our TM is being used. Not much we can do about that it seems.


#15

Look up Velcro and see how they protect a trademark, hammer the nail If you do not involve an IP attorney you will become Kleenex or Xerox. Generic terms.


#16

Same here, we created the search terms for our products and the niche product market way back in 2006. Fast forward to 2019, our brand, niche products and search terms are now global products and search terms everywhere; with tons of competition both foreign and domestic. Not much we can do about that. It was bound to happen.
However, you cannot patent or trademark search terms, or a niche product (“not relevant” - you can thank obama for that edit to the USPTO standards during his first term) but you can request amazon to force sellers who use your brand name in search terms to edit the listings, you can find them all by searching your trademark on amazon and make a list of all products that show up using that term, listings that are not yours will be obvious, then report that info to amazon in one single case or multiple cases with each ASIN listed individually, they will take action.


closed #17

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