Another seller selling under my trademarked listing
I am brand registered, trademarked, and have a pending patent on a listing. I noticed "other seller" selling my product, when I click on it, it is my listing with all my info just sold by this other party. I purchased one of "my" products from this seller, and it ended up being my legitimate product, they just bought mine during a sale or something (I'm assuming) and are relisting it. Also, I am the only seller, I don't have any distributer's etc.
This is a new issue for me and don't know if this is allowed and part of normal operations or if I should report this.
Thanks for the help.
Another seller selling under my trademarked listing
I am brand registered, trademarked, and have a pending patent on a listing. I noticed "other seller" selling my product, when I click on it, it is my listing with all my info just sold by this other party. I purchased one of "my" products from this seller, and it ended up being my legitimate product, they just bought mine during a sale or something (I'm assuming) and are relisting it. Also, I am the only seller, I don't have any distributer's etc.
This is a new issue for me and don't know if this is allowed and part of normal operations or if I should report this.
Thanks for the help.
0 replies
Sandy_Amazon
Hello @Seller_f7ZQAUo97qxdg
My name is Sandy from the Community manager team here on forums. Thank you for your question here.
Amazon's policies allow any seller to list items for sale on an ASIN so long as the intellectual property accurately represents the item being sold and has not been illegally reproduced. This includes intellectual property for which you are the rights owner.
If you believe they are not accurately representing your IP, please use the Report a Violation tool to report.
Best,
Sandy
Seller_tzb0Adb4whsRu
Unfortunately, Amazon doesn't protect Brands.
It states in their policy that they need permission to sell a Brand, but clearly that's not the case as you are finding out.
Their policy also says, they allow any seller to list items for sale.
Welcome to Amazon!
Best of Luck to you :)
Seller_LuZImsM8KFtuY
I had the same issue awhile back & learned that pending TMs aren't able to be infringed upon as ownership rights don't take effect until USPTO approves them as registered live.
Maybe add a statement to your listing for customers to verify the listing seller shows as "your name" as you are the ONLY authorized distributor. Another option is to send a friendly warning to the seller stating your TM is in final approval & advise they cease continued unauthorized resales that will soon be enforceable violations of Amazon policy & US Law.
Seller_Rivuedp7iNKlZ
We have a similar issue. We are the brand owner and a seller just listed his product under our branded listing without permission. it is a clear brand name violation. We seek Amazon brand name protection. But the link to report a violation does not work because it is our ASIN. The brand registry team said they would not remove the unauthorized seller.
Amazon brand name protection is a joke. Amazon encourages such brand name violations by not enforcing its own brand name protection policy. What a shame!!
Seller_5x445YEo2V6NS
You can report a violation as the MOD suggested. Or you can enroll in the transparency program. Anyone listing your brand product needs your approval after you enroll in that program.
Seller_gVgGkYf88ifhQ
What many sellers on Amazon forget is the legal concept known as the First-Sale Doctrine. Simply put, you get the right of first sale but after that, resellers are legally allowed to sell your product.
So, if the product is legit (which you stated it is) then they originally purchased it from you (probably on sale, like you mentioned) and they can now legally sell that item themselves.
Sellers like to complain and state that Amazon isn't "protecting their brand" but Amazon is bound by this legal doctrine and can't do anything about it. You, as the brand owner, are responsible for control of your supply chain. If you sell an item at too steep of a discount, then a reseller buys your item and undercuts your price, that is your responsibility.
Here's a quick snippet on the First Sale Doctrine, but it's pretty easy to find through an internet search as well.
"The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is an American legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works (for example, enabling individuals to sell their legally purchased books or CDs to others). In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder."
Seller_gVgGkYf88ifhQ
One more note to add:
Amazon's policy is you have to have permission from a brand to LIST a branded product. Don't confuse that with SELLING a branded product.
To LIST a product, according to Amazon's policies, means you are CREATING a new detail page. This can only be done by brands or those with permission from brands. (Though I'll admit there are a few black-hat methods that get by this. However, if you get caught, it'll get taken down). For example, if Nike were to release a new product and they hadn't LISTED that product on Amazon, I wouldn't be able to create that listing. BUT, if the listing already exists, then I can add my offer to the listing and still SELL the item.