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Read onlyStrap in, because what initially seemed like an odd counterfeit claim that I figured would easily be rebuked, has led me down a rabbit hole on a seller on Amazon that has become a more substantial dilemma than I could have imagined.
First incident: On July 2nd, 2022 I received my first ever counterfeit claim from Amazon on behalf of an owner of a listing for selling “counterfeit products without a test buy.” The product in question is a 15-pack of Powerade White Cherry 28 oz. While I investigated the listing, I began receiving more notifications about counterfeit claims from the same seller, totaling 6 for that day for other similar product variations. It was a very busy business week for us as July 4th was coming up so I decided to tend to this issue afterward the weekend.
Second Incident: On July 4th, 2022 I began receiving even more counterfeit claims from the same seller for other listings, this one being a variety pack for “Big Red and Big Blue 20 oz Sodas” At this point, despite our account health still being “good” I began to get concerned and decided to start the appealing process immediately, starting with the “Big Red/Big Blue” listing mentioned. I submitted an invoice and was rejected because the manufacturer name and brand name on the listing did not match the invoice according to Amazon. I was puzzled as I receive the product directly from the manufacturer Dr. Pepper themselves, but sure enough, the owner of the listing has claimed that EVAXO is the Brand and Manufacturer of those goods. I contact Seller Support, and explained the issue, they understand that there is false information but explained to me that they can not easily make those changes to the listing and there is some process for that to be done. I submitted all the photos, invoices, and URL links to the manufacturer’s website for them to further investigate the matter. In the end, I was able to have some listings unblocked from my account but not all while the investigation continued.
Third incident: On July 15 and 19th, the owner of this EVAXO brand will submit 2 more violations, totaling 13 altogether.
After taking the time to evaluate all the violated listings, here is what I discovered; all listings have the same misinformation with the name EVAXO attached to most of them in the title. All say EVAXO is the brand and manufacturer for some well-established products like Coca-Cola or Dr. Pepper. I was able to have 2 of the listing details changed by some miracle when contacting Seller Central but again, for some reason, this seems to be an impossible task to have done. Even with all the evidence I have submitted to this point, all the details on these pages still say EVAXO as the brand and manufacturer. It’s been 3 weeks and still no change.
I then wondered why I was the only one being targeted by the seller, there were multiple sellers on the listing so I started looking into the profiles and discovered that all the sellers on the listings I was removed from, all share the same address. I won’t disclose the seller’s real name but after a brief Google search, it appears the EVAXO brand was created by a single person and that individual is the sole owner of the EVAXO company as well as all of the LLCs attached to multiple seller accounts with the same address, selling the same products. From my understanding, Amazon is very strict about sellers having multiple selling accounts, especially from the same address. I know there is room for an exception but one thing I know for a fact is that you can not have multiple selling accounts, with the same address, selling the same products. Yet, I have confirmed the EVAXO owner has at least 3 seller accounts on Amazon, potentially 5 total with the main 3 being, QUALITY GOURMET, PROMAX LIFE, EXPECT MORE (the capitalization are how he has them).
I will attach one of his ASINs here as an example so you may see it for yourself, check the sellers listed for their details: B085LM73J4
While I have no vendetta against this gentleman, I am astonished that a seller of this magnitude is able to exploit Amazon’s Policies to this degree. To recap, he has over 100 listings with false information by falsely claiming to be the brand and manufacturer of well-established products like the ones mentioned previously and also has multiple selling accounts, all from the same address, all selling the same items. Meanwhile, he has the audacity to claim that I am selling counterfeit items despite me purchasing the goods from the actual manufacturers themselves while his whole operation is essentially on a house of cards it seems.
At this point, all I want is the violations removed. I am currently going through the painstaking process of trying to do that myself by appealing each violation but it has been an uphill battle, as a lot of seller central employees are not familiar with the Big Red brand for example, and are questioning my invoice because it says Dr. Pepper instead of Evaxo on it.
Finally, while I can not prove this, I have a feeling these false claims have greatly impacted my sales. My account is in good health but ever since the claims were made, I have lost all buy box eligibility. I initially thought it was due to padded times on delivery but that was resolved and I am still without a single buy box, whereas before this incident I would have 10-25% of my listings have a buy box. Now it is 0, not an exaggeration, I do not have a single buy box on any of my listings. I will attach a screenshot of my sales and you can look at the data yourself; notice an interesting change in sales after these claims were made against me
Ultimately, I just wanted to bring light to this situation as what this seller is doing is egregious, to say the least. I would greatly appreciate any help on the matter.
Thank you,
Ethan McCloud
Surely someone on the forums has some insight or experience with this
Sounds like it is time to Lawyer up.
Given you’ve posted your situation in the forum, I’d certainly hope that if a seller has been abusing Amazon’s systems to file fake IP complaints to their advantage, they get permanently banned with no appeal path.
I think your case is very winnable. That dude is taking a risk of losing his selling account(s).
This is the problem with selling major brands on Amazon. You have little to no control over the listing and a bad actor can create or change the brand of the listing so it appears you are infringing.
They can also keyword and feedback sabotage…better off being on a brand protected listing or have really high volume to compensate.
Regarding your loss of Buy Box eligibility, I would like to say you are right. Unless you have poor performance metrics it seems like these violations could be doing it. Seems to be too much of a coincidence.
Amazon is currently making updates to how the Account Health Rating (AHR) works which might be pretty helpful.
https://sellercentral.amazon.com/help/hub/reference/G200205250
“To calculate your AHR, we assign a certain number of points to each policy violation based on the severity of the violation. There are four severity levels: critical, high, medium, and low. When determining the severity, we consider factors including the degree to which the violation negatively impacts the customer experience and whether the policy violation contravenes applicable laws and regulations.”
I would think that certain violations (high to critical) would have an impact on BB eligibility. While lower ones would not. I would definitely throw “Counterfeit violations” in the first category. Even though you are in the “Green” these could still have an effect.
I’m mainly saying all this because I too lost BB eligibility and had a violation on my account that threw it into “At risk of deactivation”. My account is now in healthy condition, violation still there, and still not BB eligibility. Going on ~4 months without it.
It may pay to review the links in this thread. In particular the second one as that is the one the Mods are watching in particular.
I am sorry you are going through this.
I am not sure if it’s better or worse than my issue where a guy keeps submitting false claims using trademarks that aren’t even relevant.
At least he hasn’t changed my listing?
Scale wise though, your’s is definitely worse as it is affecting your sales and listings dramatically
That amazon created the method to make this possible is what is flaberggasting.