Counterfeit Sellers - Amazon is NO help
So, I started selling on Amazon a few months ago and launched a brand, registered with Brand Registry using my registered Trademark (pending) and listed some products for sale. Recently, one of the products really took off and subsequently several foreign sellers started listing against the ASIN despite it clearly being stated as "Manufactured and Sold within the US".
I am the IP owner and manufacturer of the product being sold. When I created the ASIN I had to submit written authorization stating that my company was authorized to sell this branded product. So how are the counterfeit sellers able to list against it at will without authorization?
Mind you, these sellers all have nothing but negative feedback, are new sellers, and winning the buy box at a higher price than I'm offering!
I keep getting told to perform test buys, which I diligently do (even knowing they're redundant and unnecessary). The problem is, the products purchased take weeks to arrive from overseas (if they even arrive at all). All the while, the counterfeiters are allowed to run my brand into the ground and steal my sales. Amazon has immediately started rejecting all of my reports automatically, which is a shameful thing to do to a business who has put in the work and effort to do things the right way.
This isn't right, Amazon! Why would I go through the trouble and jump through all the hoops to be a trusted seller on Amazon if you allow transient fly-by-night operations to come in and steal from me and your customers?
Is there something else I can do? Any and all advice would be appreciated!
Seller Support Case ID: 15960832471
7 replies
Jim_Amazon
Hi there @Seller_60znQskpgtEux
I want to start off by giving a bit of background around what we as Amazon do not enforce around infringement.
- When a product detail page is created, it becomes a permanent catalog page on Amazon that will remain even if the creator's inventory sells out. Additionally, when you add your copyrighted image to a product detail page, you grant Amazon and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all rights of publicity over the material.
- Other sellers can list their items for sale against pages or copyrighted images that you have used. However, we do require sellers to list only against product detail pages that exactly match their items. If you believe sellers are listing against product detail pages that do not exactly match their items, we ask that you report the violation directly by using the contact us form.
- Amazon respects a manufacturer's right to enter into exclusive distribution agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the retailers, it would not be appropriate for Amazon to assist in enforcement activities.
The reason the best buy is crucial is to be able to speak to the authenticity of the product or lack there of. For instance, if this other seller ships a product that is completely different than the listed product, it is not technically a counterfeit but still a listing violation.
If the seller does not ever ship the product, I recommend you report that both Report Abuse AND the "Report an issue with this product or seller" link right under the About this item section on the detail page. Doing this is a little different because you're attacking it from the point of a selling violation rather than a counterfeit, which is more accurate since they aren't shipping.
I really hope this helps and I'm happy to answer any other questions.
-Jim
