Removing retail arbitrage reseller?
Hi, I own my brand it and its brand registered. I also have some of my product being sold at brick and mortar retailers. One thing I did early on was create new UPC for the products I was going to sell on Amazon and retail have their own UPC.
I've recently been getting a few resellers on my listings that clearly purchasing it from my retailers and listing them as new. I've sent them messages saying the UPC for their products do not match the one that created the listing but they have ignored it.
I'd like to have them removed but I don't see a way of reporting them, is there something I can do here?
Removing retail arbitrage reseller?
Hi, I own my brand it and its brand registered. I also have some of my product being sold at brick and mortar retailers. One thing I did early on was create new UPC for the products I was going to sell on Amazon and retail have their own UPC.
I've recently been getting a few resellers on my listings that clearly purchasing it from my retailers and listing them as new. I've sent them messages saying the UPC for their products do not match the one that created the listing but they have ignored it.
I'd like to have them removed but I don't see a way of reporting them, is there something I can do here?
77 Antworten
Seller_7LrAV0m5llaI7
You would have to do a test buy and report them as counterfeit if it does not match up with the listing.
Seller_4zBzdtgCyS9EI
are you registered with Brand Registry?
You can always identify yourself as brand owner and inform them that since the supply chain to the end consumer ended when they purchased the product, the product is NO LONGER warranted by you when resold and it is therefore against Amazon policy to resell it as new. And that further violation will be reported.
Seller_kIukTwdhvntAp
Just a couple questions --
Do you wholesale at all, and if you do, do you have an iron clad MAP agreement in place with your wholesale buyers?
Have you contacted BR using their reporting tool?
I can't find my direct link right now but the information is in this story:
https://sellercentral.amazon.com/help/hub/reference/G202132860
THEN, if all else fails, 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.
Seller_SPfXC6UBTdlZ1
If you are brand registered, just report them using the BR dashboard. Identify the product and seller, flag them using the appropriate reason and they'll be removed instantly. Test buy isn't really necessary, especially if you can identify their source.
Seller_0xdtD36hDLHBC
That MAY make it the wrong item. It does NOT make it counterfeit.
Seller_Lu3bFSNnS57zM
I would like to repeat that it is AGAINT THE GRAIN and I welcome and happy to hear a brand reaching out a seller they believe are incorrectly marketing their products BEFORE filing bogus complaints before researching the issue.
YOu also need to ask are they grossly discounting your products? Are they using Prime?
reason i ask is if they are NOT grossly discounting, ARE selling your products and as described other than UPC code. Why not sell to them directly and allow them to sell with a MAP agreement (yes they are legally unenforceable but you now have more control)
If you are partially greedy and want all Amazon to yourself then you dont just change the UPC.. you need to slightly change the product, and packaging or add some Value added service that the other providers cannot not.
Seller_0xdtD36hDLHBC
That isn't Amazon's job.
I agree with everything that you said.
ROs think that their trademark gives them much more protection than it does. When someone (anyone) is selling a branded product, it is 100% legal to use the brand name in describing what is sold. A seller cannot use the brand name in a way as to create confusion.
For example, if I created a website to sell Kellogg's cereal and I called it CerealRequired. That would be fine. If I called it GenuineKelloggsCereal that may cause confusion making people think that the web site was run by Kellogg's.
Can you imagine if Ford wouldn't let anyone call their car a Ford after it was sold to them? I can see the facebook ads when selling a used Ford. "Car for sale. 4 letters in brand name beginning with F" Nominal use of the word Ford is completely legal when you are selling a Ford.
Seller_EcBl3QVP6fo1E
[Moderator Edit: Removed solicitation]
Seller_EcBl3QVP6fo1E
[Moderator Edit: Removed solicitation]
Seller_0xdtD36hDLHBC
No, I did not miss that point at all. Just because something MAY not be new does NOT make it counterfeit. Those are two separate things.
This week, I'm filing my second suit against a second RO for false complaints of counterfeit without test buy. First one settled out of court.
