Counterfeit complaint
Hello, i received an email from amazon about counterfeit without test buy, I brought a beauty product from Marshall the product is not counterfeit.
Amazon email stated: We received a report from a rights owner that you are listing counterfeit products. Sellers on Amazon.com are not allowed to create listings or detail pages for counterfeit goods.
We removed the content listed at the end of this email. We may let you list this product again if we receive a retraction from the rights owner. Their contact information can be found below.
Should I email the owner and address this issue or only focus on appeal to amazon
Counterfeit complaint
Hello, i received an email from amazon about counterfeit without test buy, I brought a beauty product from Marshall the product is not counterfeit.
Amazon email stated: We received a report from a rights owner that you are listing counterfeit products. Sellers on Amazon.com are not allowed to create listings or detail pages for counterfeit goods.
We removed the content listed at the end of this email. We may let you list this product again if we receive a retraction from the rights owner. Their contact information can be found below.
Should I email the owner and address this issue or only focus on appeal to amazon
26 respuestas
Seller_OvL8C4BJWiuS9
If you do not have brand authorization, then it is considered counterfeit, especially if you bought it from a retailer.
Seller_LyYw7fQRKc5G7
You can not prove that it is not a counterfeit unless you can provide an Invoice. A receipt is insufficient to prove this.
Amazon says outright that the only way to remove the infraction is the rights owner.
Seller_N6LoiUon4e3VR
Seller_N6LoiUon4e3VR
You need documentation of legally buying the item directly from the brand owner or an authorized distributor along with authorization to sell it on Amazon. The rights holder is the one who initiated the counterfeit claim, so it's unlikely you'll get this from them, especially if they're the only authorized seller of the product on amazon, which is usually the case when you're hit with counterfeit claims. Stick to other selling platforms for these items. I ran into a similar issue with a flip buy that I picked up at Costco. 100% legitimate products that went clearance for 60% off MSRP. I checked them in the amazon seller app before buying them and was approved to list them before I left the store. I bought two pallets (40) of the item at $200/unit vs the $500 retail price. Listed them immediately for FBM (they were larger and too heavy to send to FBA efficiently with the resources I had available). I got a counterfeit claim from the rights holder within 24 hours. Tried to contact them via the hotmail email address provided (since no other contact info was provided) but no reply after 3 emails over 2 weeks time so I just agreed with the claim and agreed to continue following policies. Instead, I listed them for sale on eBay, bonanza and FB marketplace and did just fine with them, though they did take a tiny bit longer to sell through without the amzn customers.
Seller_1ZjQmvBmVkYSs
This is usually the rights owner or their hired guns keeping others off their listing page. I’ve had them outright lie about a test buy, saying the product was fake and already opened when they received it. They also wanted me to refund them with no return. I refused (this was a pet supplement we bought at a drugstore and didn’t end up needing). It is a cutthroat marketplace on here. Price fixing is real.
Seller_CW0P5hgbsiqWX
"Should I email the owner and address this issue or only focus on appeal to amazon"
No, that is not necessary. Just respond by sending your commercial retailer's invoice in your company's name. This will show Amazon that your business does have a commercial retailer's account with the manufacturer.
Amazon knows what an invoice includes. An invoice is used when Your USA business has a retail commercial credit account with the manufacturer. Most all invoices include all of the following:
- YOUR: business name, business address, business phone, sales tax exempt number, your EIN number, your credit line, and terms of sale
- MANUFACTURER’S: address, phone, EIN number, account Rep’s name
- PRODUCT’S: quantity, SKU-Model number,
- DISCOUNTS PROCESSES ON THIS PURHASE: quantity, sale, specials
- TERMS OF SHIPPING: method, who pays, company used, tracking number
- TERMS OF PAYMENT: 30 days, 60 days, 90 days, interest assessed
Some have more, but they all use the same basic format. Even when you call and make a small online order and pay by credit card, an invoice is still sent to you separately containing all of the above.
Seller_kYtOfppUTQIiB
I had this happen to me on 5/31 from a product I bought directly from the brand. Amazon did not accept my invoice I submitted because it did not contain all information they were looking for and I also contacted the brand owner that their email was provided as the one that filed the complaint and my brand representative asking for them to retract the complaint and no luck yet with either option. Would love to know how to remove this as well.
Seller_pixSY1g97J4aL
If you want to buy product from a retail store and then resell it I suggest you use a different platform. Brand owners invest a lot of money into building their brand and advertising it and definitely do not appreciate parasites who buy job lotted stock from a discount chain and then offer it out to unsuspecting customers as pristine new product.
The moment you purchase that product from a retail store and take it home it is classified as 'Used" and should not be represented as "New"
Most job lotted product at discounted stores is there for a reason (eg it is short dated, expired, old packaging or damaged)
Consumers deserve to be confident that the product they purchase on Amazon is from the original manufacturer and covered by their warranty.
My product liability insurance specifically voids resold product on Amazon as there is no way to ensure the supply chain has not been compromised
Seller_Sram36TnVt73c
Not really unless the product has a warranty. Otherwise, it is still New.
Nikki_Amazon
Greetings @Seller_vTLz4ID4tuRu4,
Thank you for using the seller’s forum to obtain help about Amazon’s intellectual property policy.
Also, thanks everyone that engaged with this post! We appreciated all of your all answers.
Amazon takes claims of IP infringement seriously. Even if a seller is infringing IP without knowledge, Amazon will still take action and the seller’s account might receive a warning or be suspended. You should consult an attorney for help to ensure that you have the right procedures in place to prevent IP infringement.
If you've received a performance notification indicating infringement of intellectual property rights on one or more items and you believe you are selling non-infringing products, these are the documents that Amazon will accept in order to remove the violation from your account health dashboard:
- Invoices proving the authenticity of your products (you may remove pricing information); OR
- Amazon order IDs demonstrating product authenticity; OR
- A licensing agreement or an authorization letter from the rights owner (cannot be a forwarded email); OR
- A court order finding that your product does not infringe the asserted IP, or that the asserted IP is invalid or unenforceable.
Before listing an item, make sure that they are not copyrighted, Trademarked or Patented. If they are you will need to possess one of the documents listed above.
The rights owner contact provided is intended for cases where the seller purchases directly from them and believe that they have received a violation in error.
If you contact the rights owner without having purchased their products from them, it is unlikely they will retract the violation.
Please choose your suppliers carefully, as Amazon will not accept invoices from suppliers that cannot be verified.
For more information please visit the page Intellectual Property Policy for Sellers.
The forums community and I are committed to assisting you. Feel free to share how we can support you moving forward.
Wish you all the best,
Nikki
