False Counterfeit Claim... I am so confused
I recently listed a NEW IN BOX item for sale that i purchased through a reseller that was an Amazon return. It still had the Amazon barcodes, MFG #, PO #, and everything on the box itself. Like I do everything I sell, I entered the ASIN in Add Products to see if I was approved to sell it. Any ASIN that comes back asking for purchase orders/invoices I don't/can't list. I only list the products where I am instantly approved to do so. Shortly after I listed it, the "rights owner" accused me of selling counterfeits. I responded to their email multiple times with pictures of the box and explaining it was purchased second hand but it indeed a new, authentic item and they are ignoring me. I have contacted Amazon and they stated unless I could provide one of the 4 documentation items required (it would be impossible for me to do this) then I have no choice but to acknowledge and agree that I was selling counterfeit goods!! How is that possible? If the rights owner doesn't want anyone else to be able to sell their product (I am sure they were mad I listed it for $1 under their FBA price), why was I approved to do so? How is this my fault?
False Counterfeit Claim... I am so confused
I recently listed a NEW IN BOX item for sale that i purchased through a reseller that was an Amazon return. It still had the Amazon barcodes, MFG #, PO #, and everything on the box itself. Like I do everything I sell, I entered the ASIN in Add Products to see if I was approved to sell it. Any ASIN that comes back asking for purchase orders/invoices I don't/can't list. I only list the products where I am instantly approved to do so. Shortly after I listed it, the "rights owner" accused me of selling counterfeits. I responded to their email multiple times with pictures of the box and explaining it was purchased second hand but it indeed a new, authentic item and they are ignoring me. I have contacted Amazon and they stated unless I could provide one of the 4 documentation items required (it would be impossible for me to do this) then I have no choice but to acknowledge and agree that I was selling counterfeit goods!! How is that possible? If the rights owner doesn't want anyone else to be able to sell their product (I am sure they were mad I listed it for $1 under their FBA price), why was I approved to do so? How is this my fault?
3 replies
Seller_nRFmxiQg4EGrw
Those are contradictory statements. "Second Hand" is the opposite of "New".
Liquidation or return lots are NOT a suitable place to source inventory for Amazon. And while many items will be gated, it is still your responsibility to ensure that you have the right to sell even those items for which Amazon does not double check (at least not until there is a complaint).
Seller_LImVvUWeyiCfQ
No one "approved" you, least of all the brand owner. Amazon let you list the item after assuming you had permission from the brand. That's the way Amazon works, they assume first, then ask questions later.
Now you know.
And now you (hopefully) understand you've been going about this all wrong. The procedure is to speak with the brand directly to obtain their permission, then deal with Amazon. If you're able to list, fine; if not, now you're prepared with a LOA from the brand proving you have permission.
This might be a good time to review the Condition guidelines
Emet_Amazon
Hello @Seller_BaBOmaehnPPEu,
Thank you for posting your concerns with an brand or rights owner complaint.
Typically, we will require sourcing documentation including invoices, a letter of authorization issued to you by the brand or rights owner themselves, or a license agreement. When approved to sell a product on amazon, you are authorized to use the listing, this does not grant permissions to use an intellectual property.
If a brand or rights owner has concerns with how you're representing their brand they may raise these concerns with us where we'll require these documents to show proof of non-infringement.
Pictures of the products are not accepted as there's no confirmation of where the product was sourced, or that you were the recipient of the mentioned product.
When communicating with the brand or rights owner, they are not obligated or required to respond. This path is provided if there was an error and you can show proof of prior agreements or sourcing, the rights owner may retract their complaint.
As mentioned, if these documents do not exist or cannot be provided, the issue cant be resolved. If you want to remove the violation, you would need to acknowledge the violation if the option is available, otherwise if left unaddressed it will remain in the account for 180-day from the date it was received.
So you can help avoid these issues moving forward I would recommend reviewing our intellectual property policy for sellers. This provides guidance on next steps for different policies. As a final note I would also check out the anti-counterfeiting policy page for more information on how to remain compliant moving forward.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
