Brand Infringement | Amazon Not Taking Any Action

#1

We have developed our own brand for which we have also purchased Trademarks in two separate classes. Of late we have noticed that a few sellers are trying to sell our listings under their accounts. A few of these listings also included some of our top selling products. However, since we have not given permission to any of these sellers and none of them own the trademark of our brand name, they are simply selling our products illegally on Amazon.in. We have sent our complaint to Amazon along with all the relevant documents and Amazon has given to us in writing that they will not be removing these sellers from our listings.

This is completely unfair and illegal on Amazon’s part. By law there can only be one owner of a particular trademark. From Amazon’s response it is quite clear that they do not abide the Indian Trademark Laws. Because of Amazon’s failure to take any action we are facing a loss of orders of these listings. Further, since other sellers are misusing our trademark and listings, we are also losing our goodwill and reputation in the market. Other marketplaces have been quick and fair in solving such problems of Brand Infringement but Amazon is not taking any action at all.

Are other Genuine Sellers also facing the same issues? How can we take any action against the other sellers in this case?

#2

We are agree with this text.
It shows as Amazon has different policies for different sellers ?
One seller who is mapping others products, he receives mail as “We have removed this listing because”.

Second seller who don’t want to give permission to sell products by using their trademark brand name, is received reply from Amazon Policy team as “We are unable to take action based on your complaint because…”

So, I want to Ask Amazon Policy team as, If we have already provided Trademark Certificate at the time of on-boarding, then what is the meaning of this types of response ?

I think so many Sellers are passing from this issue,
So, I would like to suggest all sellers as, If amazon has provided this types of services for sellers support, then Sellers should review their issues and concerns at this Discussion Forums until they got proper solutions for their query.

#3

Dear Seller,

Thank you for writing to Amazon India Seller forums.

We thank you for contacting us regarding the brand Infringement issues, related to your brand. We understand that you havenÂ’t received an update from Amazon regarding your concerns. Please note that every trademark infringement complaint is different and the actions taken are dependent on multiple factors. We encourage sellers to report for a brand infringement issue when they have a valid trademark registration.
Amazon only considers infringement reports only from brands which are having the TradeMark status as “Registered”.

In case your brand is a private level and you are the manufacturer of the item, you may still report against other sellers listing a different product under your ASIN. In order to ensure your complaint is reviewed properly, we would suggest you to follow the below checks before filling out the infringement form.

  • Mention the trademark application number and product class details in your submission
  • Check that the wordmark you have applied for is same as the brand updated on the ASINÂ’s Amazon.in detail page
  • Ensure that your products are uniquely identifiable on the detail page through your private labelÂ’s logo or brand name imprinted/ engraved on the product or packaging. This must be clearly displayed on the detail page of the ASIN and the images on the detail page should not be digitally enhanced/modified using any imaging software.
  • Confirm that you are the ASIN creator of the ASIN.
  • Review that you are reporting against a different product being sold against your listing and not against another seller for selling the same product without your authorization. Please note that Indian laws donÂ’t allow any restrictions against selling of a genuine product.

Once you have checked the above mentioned steps and filled in the brand infringement form, Amazon will review the details and will take the necessary action(s) infringing sellers.

For any further queries, kindly [Contact Seller Support|https://sellercentral.amazon.in/gp/contact-us/contact-amazon-form.html/ref=ag_contactus_foot_home?ie=UTF8&urlStr=%2Fgp%2Fhomepage.html].

Hope this addresses your concern effectively.

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Regards,
Sneha.

#4

hi,
we are reputed seller in india, and we sell our products (like mouse etc) on all e-commerce website, before few days ago we purchase mouse of a concerned brand in bulk, and company provided us commercial bill copy and brand authorization letter, we list this mouse on all e-commerce websites, all e-commerce websites ask brand authorization letter and commercial invoice copy and we provide but when we list this mouse on amazon, they not ask from us, after few days our account was suspended by amazon and reason was brand infringement (copy right issue),and Amazon provide us a mail (Right Owner mail) to contact them, if that person will agree then amazon will open our account, we was surprised to read that and we provide all legal documents to amazon (commercial bill and BAL) but amazon always force us and reply that if right owner will return his complain then amazon will open our account, we contact right owner near about 20 times but no reply, finally we contact a amazon third party and explain our issue to them, i was surprised to listen that third party person tell me sir don’t worry your account will activate in 24 hours and our fees is only 4000 rs, they not ask any documents from us and finally within 24 hours our account activate, so finally Amazon and their third party making fool to sellers.

#5

Please order your item from other sellers. Click the pics of items (that must be obviously duplicate) and send those pics along with the order id stating that you had test purchased those items. Amazon will suspend all the sellers selling fake items.

#6

hi,
I agree with you we also face the same problem 2 of our products are sold by other sellers though we have registered brand for it and the concerned documents of that are already submitted to amazon but still they are not taking any actions. Every time the answer is “A dedicated team is working on that issue and it would be resolved soon” Hope amazon think of something in the favour of sellers as we spend a lot of time and money on brand building.

Regards

#7

Hi,

we do face the same issue. Some fakers come and start selling our product and when we bring the issue to Amazon’s notice, the listings are removed after a week or later. We loose sales in that period and as fakers ship fake products to customers, customers therefore put negative comments on listing. This is pathetic for genuine sellers. Amazon should take up infringement issues on topmost priority as if we have to sue the faker outside legally, its a waste of money

#8

We also face similar issue. Every time we report infringement , amazon responds with mail requesting us to do a test buy. What kind of joke is that? We are manufacturer as well as Brand owner, and when we have not sold it to anyone for reselling purpose then how can other seller be selling genuine product?

If we do a test buy it takes 5-10 days as delivery takes time and then amazon also takes time to remove listing. This means huge loss for us and dilution of our brand. Other e-commerce portal solves the issue immediately by putting restriction on our Brand name.

I hope amazon will change its stance on the issue and solves the problem of Brand owners like us.

#9

are u selling mobile accessories?

#10

We have completey stopped new listings in amazon.in due to this problem because any body can copy and use the listing. Even if you delete all your listing, it will be still avaliable with the same brand sold by some one else who has already copied. If general items are sold it can be done here. But if you sell branded items then you brand and identity will be lost and will be completely spoilt by the copied seller. So be careful. Amazon seems doesnt care about this important issue and seems very un ethical.

#11

We are facing the similar problem. It is dangerous to create ASIN of your brand on Amazon as anybody can use it for selling on amazon even once it is created it can not be deleted even if you don’t want to continue selling on amazon. In case you make ASIN inactive than also it is available for other seller to quote their rates. Irony is we have stopped manufacturing one particular product and it is nowhere available now, we put Zero inventory for that product, still this ASIN is open for other sellers to list their offer. God knows what they may supply in case they receive order for that particular item.

#12

Please note Amazon policies are such that even if you own the trademark Amazon will not prohibit the seller from selling the item

However Amazon has a policy where the product sold should match the listing and images that if you have an image of the brand packing the product sold should be in that packaging.

The simple way of stopping the seller is place a dummy order from you account and fill the infringement form and clearly mentioned that the item sold by the seller you wish to block is not in the brand packaging as displayed in the images of the listing

Also if you have hologram also mentioned that the same is missing as hologram is a proof of item being genuine

Amazon will act irrespective of you having trademark for the same or not.

Unfortunately we have new sellers who are stubborn and despite repeated warnings do not remove the listing and when their account is blocked they go around like a cry baby complaining about seller

They dont understand it takes effort and money for listings to become high selling items and they just cant barge in and take the benefits while someone else does the hardwork

#13

they will supply some local stuff
amazon will still say… amazon does not sell fake products
we closed our shop on amazon coz of these issues
they do not care and will not care until sellers keep cribbing but take no action
there are other better opportunities waiting
get a life

#14

you wont believe it but i blocked 3 sellers for a case of infringement on our brand. it took a lot of effort to do so but it worked.
one of my product was a top selling product and 3 sellers matched the price and started selling on low margins.
we took a serious note on this issue and mailed seller performance team who weren’t clear on removing such sellers on listings. after applying some tricks and manipulating the seller we got their account suspended.

i cannot disclose here how and what effort we had put to suspend such sellers.

#15

We have developed our own brand for which we have also purchased Trademarks in two separate classes. Of late we have noticed that a few sellers are trying to sell our listings under their accounts. A few of these listings also included some of our top selling products. However, since we have not given permission to any of these sellers and none of them own the trademark of our brand name, they are simply selling our products illegally on Amazon.in.
Amazon had closed its eyes just to have more sale on its portal

Its same thing like you do hard work and other fake people enjoy and at same time bring down your brand reputation

Amazon even closed on his eye on the brands that has got Brand Approval

The response is very slow please help fake seller to remove the listing

#16

Pls ignore

Edited by: Eversure Products Pvt. Ltd. on 11 Feb, 2017 9:46 AM

#17

sir plz provide the ASIN no and i m check this product…
than remove this list…

closed #18