We are authorized brand representatives of a brand but unauthroized sellers are coming to the listing and taking over buy box
We understand making a test buy and reporting a violation is an option.
We have explored counterfeit as an option but unauthorized sellers on amazon are buying the product from offline channels . We have sent emails but they largely get ignored. We have lot of SKU's and Listings and on every listing there are many unauthorized sellers all these test buys are taking time and costing us a lot as the product is not returnable. We have been at it for almost a year and the cycle is not ending. We get some removed and some new sellers popup. Its an infinite loop.
Other than sales reviews and ratings for the product is also getting impacted as these sellers usually do not respect packing, protection and ship it out as it leading to damages and bad customer service. Overall this is creating a negative experience for the brand and we fear eventually this will damage rank, reputation and long term value.
Will really appreciate how we can fix this for good ?
We are authorized brand representatives of a brand but unauthroized sellers are coming to the listing and taking over buy box
We understand making a test buy and reporting a violation is an option.
We have explored counterfeit as an option but unauthorized sellers on amazon are buying the product from offline channels . We have sent emails but they largely get ignored. We have lot of SKU's and Listings and on every listing there are many unauthorized sellers all these test buys are taking time and costing us a lot as the product is not returnable. We have been at it for almost a year and the cycle is not ending. We get some removed and some new sellers popup. Its an infinite loop.
Other than sales reviews and ratings for the product is also getting impacted as these sellers usually do not respect packing, protection and ship it out as it leading to damages and bad customer service. Overall this is creating a negative experience for the brand and we fear eventually this will damage rank, reputation and long term value.
Will really appreciate how we can fix this for good ?
18 replies
Seller_kIukTwdhvntAp
"We understand making a test buy and reporting a violation is an option. "
A couple questions --
Is the brand enrolled with a TM at the USPTO?
If so, did the brand owner get the brand enrolled in BR?
If so they can TRY to set up a 'whitelist' of authorized sellers, making sure that you (and any other authorized ones) are on the list.
If they have tried that with no success, did they go to Amazon Legal demanding protection?
Sandy_Amazon
Hi @Seller_65kB1B7j6o5uM
My name is Sandy from the Community manager team.
It's important to understand that Amazon, through Brand Registry, does not enforce exclusive or selective distribution agreements. 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 violations. Please review the Intellectual Property for Rights Owners to explore the options for you.
If you have any cases related to this, please let me know and I'd be happy to look into it further.
best,
Sandy
Seller_5PVnrPSumFtgg
Considering Free Market principles, ANYONE should be allowed to sell GENUINE products anywhere they want at any price they want. Of course, Manufacturers have the prerogative of finding out who supplied products to certain resellers that don't abide by their rules (for example MAP) and cut the supply. And Amazon is the owner of the marketplace so they can "gate" certain brands of products at will.
If you accuse a seller of selling counterfeit products and they are actually genuine products, or accuse them of any violation without any basis , they could sue you for damages (time spent, sales lost, etc).
You can try sending lawyer letters to those sellers. Many will just stop carrying the products to avoid the hassle.
Seller_IofZ3VnhZlCff
Hello,
We have been sending cease and desist letters through Amazon messaging, filing violations, and conducting test buys. However, this process is both time-consuming and costly, and new unauthorized sellers continue to appear.
We have already submitted a case for brand gating (Case ID: 17441440481) but have not received a response yet. Could you please check the status and provide an update?
Additionally, would it be appropriate for us to escalate this issue by emailing copyright@amazon.com, or is there another recommended approach to expedite resolution?
Seller_SJRMV3s4mNrFA
If they are chinese sellers, they'll ignore american "cease and desist" letters because they can. And Amazon will do nothing to stop them because they require them on everything else.
Seller_IofZ3VnhZlCff
No, there are not chinese sellers, we are sending letters, some of them are removing instantly and others are not and many of the sellers there customer service is handle by amazon so we are unable to send letter to them as well...
Seller_LaXfWb19u77C5
If you are not the brand owner and are only a brand representative, how do you know the other sellers are unauthroized?