Hijacked listing: How to prove fraud
Hello Amazon community!
We are a relatively new seller on Amazon. We are selling a branded product for which we have undergone the brand registry process.
We recently have become the target for listing hijackers. I take this as somewhat of a compliment as it means we are gaining traction! However, the hijackers have brought our sales down by 80+%. There is no way they can deliver an authentic product as we buy directly from the factory and have sole rights to this product in the US market.
Now for my question! I want to remove these counterfeit sellers. I submitted a brand registry infringement case, and they responded that I needed to conduct test buys. The problem is that the fraudulent sellers have a delivery time of multiple weeks. Do I have to wait multiple weeks to get my listing back each time a fraudulent seller comes along? What if they just never send a product, how can I prove it is a fraud? How can I protect against this happening in the future? Is there any other way to kick these frauds off?
Thank you!
18 replies
Seller_kIukTwdhvntAp
This is a long shot, but you can try this --
WHITELISTING
It seems clear that Amazon is only allowing MAJOR brands to 'whitelist' which sellers are authorized.
It was suggested by one of the long term experienced sellers on a different forum that the following has worked successfully in the past.
Have your attorney send a carefully worded Demand Letter (by Certified Mail) to Amazon’s "Office of the General Counsel".
These are the most recent addresses I could find for the legal beagles…………...
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
I would think that you would want to include appropriate paperwork showing ownership of the TM from the USPTO, proof of registration in Brand Registry, and, any links to cases and messages that show that SO FAR Amazon has refused to protect your brand.
Basically, you need to put Amazon on notice that you expect the protections promised by Brand Registry.
OTHER addresses for other purposes --
These are the most recent addresses I that found on a different (more useful) Forum for the legal beagles…………...
For email and mail delivery use:
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
Phone: (206) 266-4064
Fax: (206) 266-7010
E-mail: copyright@amazon.com
For courier delivery use:
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA
For sending a legal “process” item:
Amazon.com, Inc.
Corporation Service Company
300 Deschutes Way SW, Suite 208 MC-CSC1
Tumwater, WA 98501
Attn: Legal Department – Legal Process
Sandy_Amazon
Hi @Seller_DRlI0INpcIpwp
My name is Sandy from the Community manager team here on forums.
Amazon's policies allow any seller to list items for sale on an ASIN so long as the intellectual property accurately represents the item being sold and has not been illegally reproduced. This includes intellectual property for which you are the rights owner.
If you believe that the item is counterfeit, test buys are the standard way to report as Amazon cannot enforce a seller without valid proof.
If you have a trademark, but it is still pending registration with the government office such as USPTO, please note that only registered trademarks added to your Brand Registry account and those enforceable in the jurisdiction of the selected Amazon store can be selected.
If your trademark is pending, but you still want to prove that the item is counterfeit, please complete test buys and submit those to Amazon. I understand some items take longer to arrive, and the process may take longer until your trademark is fully registered.
regards,
Sandy
Seller_cTRcCppK12wQN
There is a big problem on Amazon with sellers attaching a branded accessory to a listing of a large brand and then using the brand registry branding of the accessory to file false counterfeit violations. Amazon after much consideration of this abuse has decided not to permit the false IP violations to be submitted anymore. This happens quite extensively for large OEM computer brands like HP, Dell and Lenovo. The listing is created with HP/Dell/Lenovo brand, the seller attaches an accessory with their branding and uses Brand Registry as a means to keep competition away from the listing. It sounds like this is what you may be doing in which case the Amazon policy is not on your side. For starters, its an invalid use of Amazon bundle policy. Secondly, you lack standing to be enforcing exclusivity on a listing for which you are not the brand owner. Last of all, Amazon states in their Seller Code of Conduct that it is a violation of their policy to be filing infringement notices for your own benefit i.e. to remove competition. If Amazon catches you doing this, your account could be suspended. Also, for substitute product report, you must conduct test buy and be able to prove that the main product is not as described. If you try to show that the accessory is different when it still has the same functions, Amazon will not accept this since to prove substitute, it must be the main item. There is no exclusivity on Amazon unless you are the brand owner of the listing.
Seller_QgXy0WkhiWqjP
The same constantly happens to our product listings and seems that Amazon.com encourages this practice specially for Chinese sellers.
Seller_NbYSGJ8Tehgbv
I have reviewed your brand registered listing.
The issue here is not so much counterfeit selling, its that the hijacker who is selling on your listing has no idea what they are doing.
You are selling something known as Shilajit Resin but its branded to your brand. The hijacker believes they can just sell any Shilajit Resin on any listing (they are listed on dozens of Shilajit Resin listings with different brands)
Unfortunately, your official registration date for your trademark is on Apr. 29, 2024. This means you do not have a registration number yet. For the time being, if you want to remove sellers like these, you must perform a test buy.
You must also report them for counterfeit infringement because they are selling their own Shilajit Resin but its on your branded detail page. You can also report this seller for a listing violation as "product not as described" but you also need a test buy for this. I know this will take a while, being that this seller is located in India, but there is no other alternative.
Seller_MeNjiBPtSZPht
wait until the reviews start coming in from people getting an inferior product (or maybe no product at all).
first the listing will suffer as you get low rank, then it will trigger that you are selling counterfeit items and the listing will likely close.
You need to shut them down as fast as possible
Seller_roNdLQpqbVoOH
The only thing the mod responses on this thread tell me is that Amazon has no motivation to address this long-standing and pervasive issue in any kind of substantive and effective way. "Here, have another hoop to jump through."
The body was found, totally dismembered, in a suitcase floating in the bay. Police say foul play is suspected.
Fraud/illegal activity is usually obvious. Maybe not as obvious as the above, but enough for any rational, sane person to detect it.
However, until someone very high up at Amazon (with some morals...🤣🤣🤣) cares enough to take it on, nothing will change.
Keep in mind that Amazon makes money no matter how black a seller's soul.
Kindred spirits.
Seller_NaffGpwcLYP2C
Place order of the item , once received and you see that is not the original item, file return and reason " inaccurate website description ", then write " counterfeit " , that's all. That should do, bots will remove listing from Amazon.
Hijacked listing: How to prove fraud
Hello Amazon community!
We are a relatively new seller on Amazon. We are selling a branded product for which we have undergone the brand registry process.
We recently have become the target for listing hijackers. I take this as somewhat of a compliment as it means we are gaining traction! However, the hijackers have brought our sales down by 80+%. There is no way they can deliver an authentic product as we buy directly from the factory and have sole rights to this product in the US market.
Now for my question! I want to remove these counterfeit sellers. I submitted a brand registry infringement case, and they responded that I needed to conduct test buys. The problem is that the fraudulent sellers have a delivery time of multiple weeks. Do I have to wait multiple weeks to get my listing back each time a fraudulent seller comes along? What if they just never send a product, how can I prove it is a fraud? How can I protect against this happening in the future? Is there any other way to kick these frauds off?
Thank you!
Hijacked listing: How to prove fraud
Hello Amazon community!
We are a relatively new seller on Amazon. We are selling a branded product for which we have undergone the brand registry process.
We recently have become the target for listing hijackers. I take this as somewhat of a compliment as it means we are gaining traction! However, the hijackers have brought our sales down by 80+%. There is no way they can deliver an authentic product as we buy directly from the factory and have sole rights to this product in the US market.
Now for my question! I want to remove these counterfeit sellers. I submitted a brand registry infringement case, and they responded that I needed to conduct test buys. The problem is that the fraudulent sellers have a delivery time of multiple weeks. Do I have to wait multiple weeks to get my listing back each time a fraudulent seller comes along? What if they just never send a product, how can I prove it is a fraud? How can I protect against this happening in the future? Is there any other way to kick these frauds off?
Thank you!
18 replies
18 replies
Seller_kIukTwdhvntAp
This is a long shot, but you can try this --
WHITELISTING
It seems clear that Amazon is only allowing MAJOR brands to 'whitelist' which sellers are authorized.
It was suggested by one of the long term experienced sellers on a different forum that the following has worked successfully in the past.
Have your attorney send a carefully worded Demand Letter (by Certified Mail) to Amazon’s "Office of the General Counsel".
These are the most recent addresses I could find for the legal beagles…………...
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
I would think that you would want to include appropriate paperwork showing ownership of the TM from the USPTO, proof of registration in Brand Registry, and, any links to cases and messages that show that SO FAR Amazon has refused to protect your brand.
Basically, you need to put Amazon on notice that you expect the protections promised by Brand Registry.
OTHER addresses for other purposes --
These are the most recent addresses I that found on a different (more useful) Forum for the legal beagles…………...
For email and mail delivery use:
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
Phone: (206) 266-4064
Fax: (206) 266-7010
E-mail: copyright@amazon.com
For courier delivery use:
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA
For sending a legal “process” item:
Amazon.com, Inc.
Corporation Service Company
300 Deschutes Way SW, Suite 208 MC-CSC1
Tumwater, WA 98501
Attn: Legal Department – Legal Process
Sandy_Amazon
Hi @Seller_DRlI0INpcIpwp
My name is Sandy from the Community manager team here on forums.
Amazon's policies allow any seller to list items for sale on an ASIN so long as the intellectual property accurately represents the item being sold and has not been illegally reproduced. This includes intellectual property for which you are the rights owner.
If you believe that the item is counterfeit, test buys are the standard way to report as Amazon cannot enforce a seller without valid proof.
If you have a trademark, but it is still pending registration with the government office such as USPTO, please note that only registered trademarks added to your Brand Registry account and those enforceable in the jurisdiction of the selected Amazon store can be selected.
If your trademark is pending, but you still want to prove that the item is counterfeit, please complete test buys and submit those to Amazon. I understand some items take longer to arrive, and the process may take longer until your trademark is fully registered.
regards,
Sandy
Seller_cTRcCppK12wQN
There is a big problem on Amazon with sellers attaching a branded accessory to a listing of a large brand and then using the brand registry branding of the accessory to file false counterfeit violations. Amazon after much consideration of this abuse has decided not to permit the false IP violations to be submitted anymore. This happens quite extensively for large OEM computer brands like HP, Dell and Lenovo. The listing is created with HP/Dell/Lenovo brand, the seller attaches an accessory with their branding and uses Brand Registry as a means to keep competition away from the listing. It sounds like this is what you may be doing in which case the Amazon policy is not on your side. For starters, its an invalid use of Amazon bundle policy. Secondly, you lack standing to be enforcing exclusivity on a listing for which you are not the brand owner. Last of all, Amazon states in their Seller Code of Conduct that it is a violation of their policy to be filing infringement notices for your own benefit i.e. to remove competition. If Amazon catches you doing this, your account could be suspended. Also, for substitute product report, you must conduct test buy and be able to prove that the main product is not as described. If you try to show that the accessory is different when it still has the same functions, Amazon will not accept this since to prove substitute, it must be the main item. There is no exclusivity on Amazon unless you are the brand owner of the listing.
Seller_QgXy0WkhiWqjP
The same constantly happens to our product listings and seems that Amazon.com encourages this practice specially for Chinese sellers.
Seller_NbYSGJ8Tehgbv
I have reviewed your brand registered listing.
The issue here is not so much counterfeit selling, its that the hijacker who is selling on your listing has no idea what they are doing.
You are selling something known as Shilajit Resin but its branded to your brand. The hijacker believes they can just sell any Shilajit Resin on any listing (they are listed on dozens of Shilajit Resin listings with different brands)
Unfortunately, your official registration date for your trademark is on Apr. 29, 2024. This means you do not have a registration number yet. For the time being, if you want to remove sellers like these, you must perform a test buy.
You must also report them for counterfeit infringement because they are selling their own Shilajit Resin but its on your branded detail page. You can also report this seller for a listing violation as "product not as described" but you also need a test buy for this. I know this will take a while, being that this seller is located in India, but there is no other alternative.
Seller_MeNjiBPtSZPht
wait until the reviews start coming in from people getting an inferior product (or maybe no product at all).
first the listing will suffer as you get low rank, then it will trigger that you are selling counterfeit items and the listing will likely close.
You need to shut them down as fast as possible
Seller_roNdLQpqbVoOH
The only thing the mod responses on this thread tell me is that Amazon has no motivation to address this long-standing and pervasive issue in any kind of substantive and effective way. "Here, have another hoop to jump through."
The body was found, totally dismembered, in a suitcase floating in the bay. Police say foul play is suspected.
Fraud/illegal activity is usually obvious. Maybe not as obvious as the above, but enough for any rational, sane person to detect it.
However, until someone very high up at Amazon (with some morals...🤣🤣🤣) cares enough to take it on, nothing will change.
Keep in mind that Amazon makes money no matter how black a seller's soul.
Kindred spirits.
Seller_NaffGpwcLYP2C
Place order of the item , once received and you see that is not the original item, file return and reason " inaccurate website description ", then write " counterfeit " , that's all. That should do, bots will remove listing from Amazon.
Seller_kIukTwdhvntAp
This is a long shot, but you can try this --
WHITELISTING
It seems clear that Amazon is only allowing MAJOR brands to 'whitelist' which sellers are authorized.
It was suggested by one of the long term experienced sellers on a different forum that the following has worked successfully in the past.
Have your attorney send a carefully worded Demand Letter (by Certified Mail) to Amazon’s "Office of the General Counsel".
These are the most recent addresses I could find for the legal beagles…………...
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
I would think that you would want to include appropriate paperwork showing ownership of the TM from the USPTO, proof of registration in Brand Registry, and, any links to cases and messages that show that SO FAR Amazon has refused to protect your brand.
Basically, you need to put Amazon on notice that you expect the protections promised by Brand Registry.
OTHER addresses for other purposes --
These are the most recent addresses I that found on a different (more useful) Forum for the legal beagles…………...
For email and mail delivery use:
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
Phone: (206) 266-4064
Fax: (206) 266-7010
E-mail: copyright@amazon.com
For courier delivery use:
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA
For sending a legal “process” item:
Amazon.com, Inc.
Corporation Service Company
300 Deschutes Way SW, Suite 208 MC-CSC1
Tumwater, WA 98501
Attn: Legal Department – Legal Process
Seller_kIukTwdhvntAp
This is a long shot, but you can try this --
WHITELISTING
It seems clear that Amazon is only allowing MAJOR brands to 'whitelist' which sellers are authorized.
It was suggested by one of the long term experienced sellers on a different forum that the following has worked successfully in the past.
Have your attorney send a carefully worded Demand Letter (by Certified Mail) to Amazon’s "Office of the General Counsel".
These are the most recent addresses I could find for the legal beagles…………...
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
I would think that you would want to include appropriate paperwork showing ownership of the TM from the USPTO, proof of registration in Brand Registry, and, any links to cases and messages that show that SO FAR Amazon has refused to protect your brand.
Basically, you need to put Amazon on notice that you expect the protections promised by Brand Registry.
OTHER addresses for other purposes --
These are the most recent addresses I that found on a different (more useful) Forum for the legal beagles…………...
For email and mail delivery use:
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
Phone: (206) 266-4064
Fax: (206) 266-7010
E-mail: copyright@amazon.com
For courier delivery use:
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA
For sending a legal “process” item:
Amazon.com, Inc.
Corporation Service Company
300 Deschutes Way SW, Suite 208 MC-CSC1
Tumwater, WA 98501
Attn: Legal Department – Legal Process
Sandy_Amazon
Hi @Seller_DRlI0INpcIpwp
My name is Sandy from the Community manager team here on forums.
Amazon's policies allow any seller to list items for sale on an ASIN so long as the intellectual property accurately represents the item being sold and has not been illegally reproduced. This includes intellectual property for which you are the rights owner.
If you believe that the item is counterfeit, test buys are the standard way to report as Amazon cannot enforce a seller without valid proof.
If you have a trademark, but it is still pending registration with the government office such as USPTO, please note that only registered trademarks added to your Brand Registry account and those enforceable in the jurisdiction of the selected Amazon store can be selected.
If your trademark is pending, but you still want to prove that the item is counterfeit, please complete test buys and submit those to Amazon. I understand some items take longer to arrive, and the process may take longer until your trademark is fully registered.
regards,
Sandy
Sandy_Amazon
Hi @Seller_DRlI0INpcIpwp
My name is Sandy from the Community manager team here on forums.
Amazon's policies allow any seller to list items for sale on an ASIN so long as the intellectual property accurately represents the item being sold and has not been illegally reproduced. This includes intellectual property for which you are the rights owner.
If you believe that the item is counterfeit, test buys are the standard way to report as Amazon cannot enforce a seller without valid proof.
If you have a trademark, but it is still pending registration with the government office such as USPTO, please note that only registered trademarks added to your Brand Registry account and those enforceable in the jurisdiction of the selected Amazon store can be selected.
If your trademark is pending, but you still want to prove that the item is counterfeit, please complete test buys and submit those to Amazon. I understand some items take longer to arrive, and the process may take longer until your trademark is fully registered.
regards,
Sandy
Seller_cTRcCppK12wQN
There is a big problem on Amazon with sellers attaching a branded accessory to a listing of a large brand and then using the brand registry branding of the accessory to file false counterfeit violations. Amazon after much consideration of this abuse has decided not to permit the false IP violations to be submitted anymore. This happens quite extensively for large OEM computer brands like HP, Dell and Lenovo. The listing is created with HP/Dell/Lenovo brand, the seller attaches an accessory with their branding and uses Brand Registry as a means to keep competition away from the listing. It sounds like this is what you may be doing in which case the Amazon policy is not on your side. For starters, its an invalid use of Amazon bundle policy. Secondly, you lack standing to be enforcing exclusivity on a listing for which you are not the brand owner. Last of all, Amazon states in their Seller Code of Conduct that it is a violation of their policy to be filing infringement notices for your own benefit i.e. to remove competition. If Amazon catches you doing this, your account could be suspended. Also, for substitute product report, you must conduct test buy and be able to prove that the main product is not as described. If you try to show that the accessory is different when it still has the same functions, Amazon will not accept this since to prove substitute, it must be the main item. There is no exclusivity on Amazon unless you are the brand owner of the listing.
Seller_cTRcCppK12wQN
There is a big problem on Amazon with sellers attaching a branded accessory to a listing of a large brand and then using the brand registry branding of the accessory to file false counterfeit violations. Amazon after much consideration of this abuse has decided not to permit the false IP violations to be submitted anymore. This happens quite extensively for large OEM computer brands like HP, Dell and Lenovo. The listing is created with HP/Dell/Lenovo brand, the seller attaches an accessory with their branding and uses Brand Registry as a means to keep competition away from the listing. It sounds like this is what you may be doing in which case the Amazon policy is not on your side. For starters, its an invalid use of Amazon bundle policy. Secondly, you lack standing to be enforcing exclusivity on a listing for which you are not the brand owner. Last of all, Amazon states in their Seller Code of Conduct that it is a violation of their policy to be filing infringement notices for your own benefit i.e. to remove competition. If Amazon catches you doing this, your account could be suspended. Also, for substitute product report, you must conduct test buy and be able to prove that the main product is not as described. If you try to show that the accessory is different when it still has the same functions, Amazon will not accept this since to prove substitute, it must be the main item. There is no exclusivity on Amazon unless you are the brand owner of the listing.
Seller_QgXy0WkhiWqjP
The same constantly happens to our product listings and seems that Amazon.com encourages this practice specially for Chinese sellers.
Seller_QgXy0WkhiWqjP
The same constantly happens to our product listings and seems that Amazon.com encourages this practice specially for Chinese sellers.
Seller_NbYSGJ8Tehgbv
I have reviewed your brand registered listing.
The issue here is not so much counterfeit selling, its that the hijacker who is selling on your listing has no idea what they are doing.
You are selling something known as Shilajit Resin but its branded to your brand. The hijacker believes they can just sell any Shilajit Resin on any listing (they are listed on dozens of Shilajit Resin listings with different brands)
Unfortunately, your official registration date for your trademark is on Apr. 29, 2024. This means you do not have a registration number yet. For the time being, if you want to remove sellers like these, you must perform a test buy.
You must also report them for counterfeit infringement because they are selling their own Shilajit Resin but its on your branded detail page. You can also report this seller for a listing violation as "product not as described" but you also need a test buy for this. I know this will take a while, being that this seller is located in India, but there is no other alternative.
Seller_NbYSGJ8Tehgbv
I have reviewed your brand registered listing.
The issue here is not so much counterfeit selling, its that the hijacker who is selling on your listing has no idea what they are doing.
You are selling something known as Shilajit Resin but its branded to your brand. The hijacker believes they can just sell any Shilajit Resin on any listing (they are listed on dozens of Shilajit Resin listings with different brands)
Unfortunately, your official registration date for your trademark is on Apr. 29, 2024. This means you do not have a registration number yet. For the time being, if you want to remove sellers like these, you must perform a test buy.
You must also report them for counterfeit infringement because they are selling their own Shilajit Resin but its on your branded detail page. You can also report this seller for a listing violation as "product not as described" but you also need a test buy for this. I know this will take a while, being that this seller is located in India, but there is no other alternative.
Seller_MeNjiBPtSZPht
wait until the reviews start coming in from people getting an inferior product (or maybe no product at all).
first the listing will suffer as you get low rank, then it will trigger that you are selling counterfeit items and the listing will likely close.
You need to shut them down as fast as possible
Seller_MeNjiBPtSZPht
wait until the reviews start coming in from people getting an inferior product (or maybe no product at all).
first the listing will suffer as you get low rank, then it will trigger that you are selling counterfeit items and the listing will likely close.
You need to shut them down as fast as possible
Seller_roNdLQpqbVoOH
The only thing the mod responses on this thread tell me is that Amazon has no motivation to address this long-standing and pervasive issue in any kind of substantive and effective way. "Here, have another hoop to jump through."
The body was found, totally dismembered, in a suitcase floating in the bay. Police say foul play is suspected.
Fraud/illegal activity is usually obvious. Maybe not as obvious as the above, but enough for any rational, sane person to detect it.
However, until someone very high up at Amazon (with some morals...🤣🤣🤣) cares enough to take it on, nothing will change.
Keep in mind that Amazon makes money no matter how black a seller's soul.
Kindred spirits.
Seller_roNdLQpqbVoOH
The only thing the mod responses on this thread tell me is that Amazon has no motivation to address this long-standing and pervasive issue in any kind of substantive and effective way. "Here, have another hoop to jump through."
The body was found, totally dismembered, in a suitcase floating in the bay. Police say foul play is suspected.
Fraud/illegal activity is usually obvious. Maybe not as obvious as the above, but enough for any rational, sane person to detect it.
However, until someone very high up at Amazon (with some morals...🤣🤣🤣) cares enough to take it on, nothing will change.
Keep in mind that Amazon makes money no matter how black a seller's soul.
Kindred spirits.
Seller_NaffGpwcLYP2C
Place order of the item , once received and you see that is not the original item, file return and reason " inaccurate website description ", then write " counterfeit " , that's all. That should do, bots will remove listing from Amazon.
Seller_NaffGpwcLYP2C
Place order of the item , once received and you see that is not the original item, file return and reason " inaccurate website description ", then write " counterfeit " , that's all. That should do, bots will remove listing from Amazon.
