Conterfeit Without Test Buy Complaint Appeal not working
I am an Amazon-to-Amazon reseller.
I recently purchased an item to resell it and got hit with a Counterfeit without test buy complaint when my listing became active by the trademark owner.
I submitted the invoice provided by amazon in order to verify the authenticity of the product but amazon keeps claiming in an email that they need more information and my 3 options are to either provide a letter of authorization, an invoice, or retraction from rights owner. An invoice is one of the options listed and still it is not getting taken off.
Here are the details:
Infringement type: Counterfeit
Complaint ID: 13875747931
I sent an email to the rights owner and I can only hope he replies. He has no incentive to reply so he may just take advantage of the situation without understanding what happened.
Conterfeit Without Test Buy Complaint Appeal not working
I am an Amazon-to-Amazon reseller.
I recently purchased an item to resell it and got hit with a Counterfeit without test buy complaint when my listing became active by the trademark owner.
I submitted the invoice provided by amazon in order to verify the authenticity of the product but amazon keeps claiming in an email that they need more information and my 3 options are to either provide a letter of authorization, an invoice, or retraction from rights owner. An invoice is one of the options listed and still it is not getting taken off.
Here are the details:
Infringement type: Counterfeit
Complaint ID: 13875747931
I sent an email to the rights owner and I can only hope he replies. He has no incentive to reply so he may just take advantage of the situation without understanding what happened.
19 replies
Seller_GIzywSw69BGrP
@Bryce_Amazon You have helped me in the past, I wonder if you will be able to assist here too.
Seller_nRFmxiQg4EGrw
Amazon does not provide invoices. Amazon sells only retail; they are not a wholesaler or authorized distributor.
Paging @Seller_qb9YwQ7193BDg; you've guided this same poster in the past.
As to your question, remember when you were warned a few months ago about the perils of RA/OA, you stated:
RA is really not that difficult
Perhaps now you may understand why some of us (other than @Seller_qb9YwQ7193BDg) were trying to warn you that it was dangerous.
As for the rights holder, they understand perfectly well what happened; you're selling their items without permission. It's not "taking advantage" of the situation, it's protecting their brand, the very thing you were told 3 months ago would happen.
My guess is that your little "side hustle" is over.
My second guess is that we'll hear nothing from the people who encouraged you to follow this path in the past.
Seller_kIukTwdhvntAp
In addition to the wise advice from @Seller_nRFmxiQg4EGrw, were you STILL selling in a gated category like you were three months ago?
I particularly liked your reply to me back then --"Hmm, RA has been working pretty well for my needs so far. To ungated brands, I use physical stores and I have a specific store that provides me invoices."
Both you and RA apologist @Seller_qb9YwQ7193BDgprobably need to check out the (possibly) revised rules -- it's actual POLICY now -- for gated items.
These is NO mention of receipts but they have a LOT to say about INVOICES and getting brand permission.
You MIGHT still get lucky for categories that are NOT gated but RA IS DEAD for gated ones.
Seller_4zBzdtgCyS9EI
Purchasing anything on Amazon for resale is a GRAND violation of policy, if you used an Amazon prime account and sending them their own receipt...well....
Retail arbitrage is no longer accepted here for most items, condition guidelines are constant ly violated (retail arbitrage products cannot be listed new, as you were the end consumer when purchased)
Seller_nRFmxiQg4EGrw
Odd, I've seen plenty of your posts where you promote RA. This is the first time I've seen you say that. I wonder why you didn't mention that the last time you were "helping" the OP?
So I take it that your advice now is "You messed up, you're done", exactly what all the people you disagreed with told him would happen 3 months ago? Or are you going to help him figure out how to get by with a dozen+ violations like you claim to be doing?
Mindy_Amazon
Hi @Empricity,
Thank you for your post, this is Mindy from Amazon here to assist.
I recently purchased an item to resell it and got hit with a Counterfeit without test buy complaint when my listing became active by the trademark owner.
As per the explanation in your post, understand the challenges you're facing with the counterfeit complaint on the item you purchased for resale. You have also provided the information of what action have been taken to address this issue:
I submitted the invoice provided by amazon in order to verify the authenticity of the product but amazon keeps claiming in an email that they need more information and my 3 options are to either provide a letter of authorization, an invoice, or retraction from rights owner. An invoice is one of the options listed and still it is not getting taken off.
It is correct as you have mentioned that there are 3 options applicable for your scenario:
1. A letter of authorization (LOA) or licensing agreement (LA) from the rights owner indicating that you are authorized to use their intellectual property.
2. An Invoice: providing an invoice is essential to establish the authenticity of your products and prove they are not counterfeit. A valid invoice will have to to meet the following criteria:
* Have been issued in the last 365 days
* Reflect sales volume during the last 365 days (if applicable)
* Include contact information for supplier and buyer, including name, phone number, address, and website
* They must also be authentic and unaltered.
* Be submitted in PDF, JPG, PNG, or GIF files.
3. A retraction from the rights owner: if the rights owner initiated the complaint, requesting a retraction directly from them can be pivotal in resolving the issue. You can find the contact information for the rights owner in the communication you received regarding the listing deactivation.
While you've reached out to the rights owner via email and are awaiting their response, it's essential to note that even if you purchase products from the rights owner on Amazon for resale, having a formal letter of authorization is necessary to demonstrate your authorization to distribute their products on Amazon.
In general, when selling trademarked or branded products that could potentially infringe on third-party rights, pre-approval requirements are necessary before listing them on Amazon. This ensures a trusted shopping environment for all buyers, where they can shop with confidence.
Please understand that Amazon takes allegations of counterfeit goods very seriously, and the sale of counterfeit products on our platform is strictly prohibited to maintain customer trust and safety.
To learn more about Amazon's intellectual property policy and listing approval requirements, please find the following help page for your reference.
* Amazon Anti-Counterfeiting Policy
* Intellectual Property Policy for Sellers
* Intellectual Property for Rights Owners
The forums community and I are here to support you. If there is any further support needed from this point onward, please do not hesitate to let us know!
TO @Picks_by_Nisha, @FORUMWARRIOR, @NEVERLAST, @Its_all_Nuts_again
Thank you for your active contribution in this topic. Your insight are very much appreciated by our seller forum community.
Regards,
Mindy
