Amazon allowing unauthorized sellers and tells me "We have determined that the notice(s) you have provided to Amazon are invalid or inaccurate. Reporting false, misleading, or inaccurate notices violates our policies."
We are the manufacturer, brand and patent holder for our product. Occasionally we find resellers selling our product under our listings. Recently, one was selling a version from 6 years ago which was not the same as the current version. We successfully reported them. Then recently, another popped up who we have never heard of. No idea if they are selling obsolete stock, fakes, or another product altogether.
So, we reached out with a support case about this unauthorized seller. Amazon appeared to respond in a way that comes after us for making the report.
I didn't report it as counterfeit since I don't know if it is. That's why I simply opened a support case. I don't want to harm other sellers.... but I also want to protect our brand by not allowing sellers to pop in and out selling a deficient product. Often these sellers only have a few to sell and they are gone before we even get a response from Amazon, as our product sells at a fairly high volume.
Nonetheless, the issue is maddening. And apparently we cannot gate our product to prevent other sellers until we've filed a number of counterfeit claims successfully, or something along those lines.
Wondering if others here, with an actual product they manufacture, have been through this and how it was resolved, if at all.
Amazon allowing unauthorized sellers and tells me "We have determined that the notice(s) you have provided to Amazon are invalid or inaccurate. Reporting false, misleading, or inaccurate notices violates our policies."
We are the manufacturer, brand and patent holder for our product. Occasionally we find resellers selling our product under our listings. Recently, one was selling a version from 6 years ago which was not the same as the current version. We successfully reported them. Then recently, another popped up who we have never heard of. No idea if they are selling obsolete stock, fakes, or another product altogether.
So, we reached out with a support case about this unauthorized seller. Amazon appeared to respond in a way that comes after us for making the report.
I didn't report it as counterfeit since I don't know if it is. That's why I simply opened a support case. I don't want to harm other sellers.... but I also want to protect our brand by not allowing sellers to pop in and out selling a deficient product. Often these sellers only have a few to sell and they are gone before we even get a response from Amazon, as our product sells at a fairly high volume.
Nonetheless, the issue is maddening. And apparently we cannot gate our product to prevent other sellers until we've filed a number of counterfeit claims successfully, or something along those lines.
Wondering if others here, with an actual product they manufacture, have been through this and how it was resolved, if at all.
11 Antworten
Seller_ctlHhuYQK8UHO
If a moderator needs the case number, it is 14876043611
Dougal_Amazon
Hello @Seller_ctlHhuYQK8UHO,
My name is Dougal from the Community Manager Team and thanks for the case ID.
I cannot provide a different answer than what you have already received, but I can provide some additional context so that maybe it can make more sense.
There are limitations to what can be enforced without specified information that would usually be able to be obtained by a test buy (as an example). Because of these limitations, Amazon does state what cannot be enforced via the Report Infringement landing page. On this page, you will see the explanation on why and how another seller is able to list an offer on a detail page that you may have created as well as more on Exclusive or selective distribution of your products.
In addition to the info provided above, I know that @Seller_kIukTwdhvntAp has some advice in this area that I am hoping they are willing to share.
I hope this helps better describe why you received the response that you did.
Please let me know if you have any other questions.
Best, Dougal
Seller_kIukTwdhvntAp
This will be a bit long so bear with me.
Your situation is complicated because you apparently sell wholesale.
I do not so I actually wrote a letter from my manufacturing LLC to my Sales LLC authorizing the sales LLC as the ONLY authorized seller of my branded products on any site, including Amazon.
When I had unauthorized sellers I filed a counterfeit claim on BR and told them that I did NOT wholesale, my sales arm selling on Amaoz was the ONLY authorized seller, and no one else could possibly have new and unused merchandise. The other sellers were generally removed within minutes.
In your case you have leaks in the distribution channels and what you can do will depend almost entirely on what your agreements and paperwork with your wholesalers says.
If you did NOT specify that sales on Amazon were restricted somehow, have a GOOD attorney prepare a 'new and improved' distribution agreement saying that only authorized sellers are allowed to sell your items on Amazon (and any/all other sites).
Authorized sellers MUST apply to YOU for permission to sell anywhere other than their own retail locations and any of their proprietary websites (NOT sites such as Amazon).
IF you have a good agreement already that restricts such sales then you will have to do test buys to determine if the products are genuine.
If your agreement restricts such sales then start by asking the closest (to the sellers) distributors if they are selling to XYZ Company and let them know that XYZ is now forbidden from buying.
If you do NOT have a tight (almost bulletproof) agreement in place get that done as rapidly as possible.
Let the wholesalers know that there is a leak in the system and you will do whatever is needed to plug it and stop all unauthorized sales on sites such as Amazon.
Those steps go as far as cancelling wholesale distribution agreements.
I had one decent size company that had lots of trouble with MAP violations and was unable to find where the distribution was coming from.
They actually stopped ALL distribution except for what they do direct. The MAP problem went away!
Now, as to 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.
Hopefully, at least a little bit of this makes sense and will help you out!
Seller_Xm7GIVYKoKvcv
We deal with this all day long. Amazon will provide absolutely no support, even if brand registered, with helping brands/manufacturers on distribution enforcement. As long as a reseller is selling legitimate product, Amazon won't help. If you do a test buy and find the product is counterfeit, then you can file a violation. The other time you can file violations is if the reseller is using your brand name, brand images, etc. that is trademarked or copyrighted, and trying to pass it off as their own. If you do a test buy on that and receive product different from what is advertised, you may also have a trademark infringement case.
Seller_AHWmelq0zAv36
You can also look into Amazon transparency program. Designed to stop counterfeits.
Seller_3aoUuabrN9j8L
amazon bots rule..... we are all guilty until we can prove ourselves innocent. keep sending copies of this type of treatment to senators and congress members to add to their bulging files on amazon's bad corporate behavior...
Seller_RVv3EUB85zEUX
Just out of curiosity, is the old version a different ASIN? If you have been updating the the same ASIN with new versions, that might be part of the problem, since you're supposed to create a new page for new versions.
