how to block Amazon let other sellers list our items
Hello,
We have our own trademarked products and we are also distributor some important brands nationwide. We have exclusive contracts that also give us opportunity to appoint dealers who can sell our products on 3rd party marketplaces. We no longer sell on Amazon. We see some unauthorized sellers misbranding our items and also selling those items on Amazon without our consent under our MSRP. This is damaging our brand value and causing us to lose money. We sell our items on our website. Before you ask, our brand registry is revoked so it is not an option for us.
Can you let us know how can we stop those people?
@Cooper_Amazon
@Emet_Amazon @Jim_Amazon @Michelle_Amazon @CR_Amazon @Bryce_Amazon @Dougal_Amazon
Thank you
16 replies
Seller_kIukTwdhvntAp
"Can you let us know how can we stop those people?"
"our brand registry is revoked so it is not an option for us."
Since you are no longer in BR you won't be able to use that route any longer.
You have a distribution channel issue from the sounds and you need to get control of that first.
" We have exclusive contracts that also give us opportunity to appoint dealers who can sell our products on 3rd party marketplaces."
Go to the dealers that YOU appointed and revoke their agreements if they are not fulfilling their contracts with you.
One BIG problem is that you appear to only have an MSRP in place and NOT a MAP policy.
MSRP is Manufacturers SUGGESTED Retail Price and is not an enforceable issue since it is only 'suggested.' To control pricing you need a MAP (Minimum ADVERTISED Price) agreement that the dealers that YOU appointed have signed and agreed to.
If your dealers will not tell you who they are selling to you just start cutting them off, one by one, until the pricing issue goes away.
For any brands that you're not the owner of the actual owners can apply to BR and get registered and then THEY can take care of the low priced sellers as being unauthorized.
"We see some unauthorized sellers misbranding our items "
Even if you are not in BR, if they are misbranding YOUR brand you can still file complaints as IP violations. For brands you do not own, the actual owners will have to complain.
Seller_rI7BZIczK8iAC
So you are the brand owner. And you can identify which Amazon sellers sell your trademark by clicking on the seller name.
Create a list of these sellers and the ASINS they sell and make your IP attorney (not yourself) send a message to Amazon's legal departement requiring that Amazon stops them selling your brand on Amazon. Enclosed he will add the confirmation of the USPTO that YOU are the brand owner. Those sellers will then receive a message that "they don't qualify" to sell this product.
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
Phone: (206) 266-4064
Fax: (206) 266-7010
E-mail: copyright@amazon.com
Seller_24FzucbyGtgZS
I fail to understand why you would seek information on Amazon's seller forum? These threads are not designed to help but rather to prevent you from filing for arbitration.
If you have registered trademarks that are being sold as 1st sale or are being altered by sellers you need to file a Federal Lawsuit and name Amazon as a defendant. You will need a good attorney who specializes in Patents, Trademarks and Copyrights (we keep one on yearly retainer).
If they are seller as pursuant to the 1st sale doctrine (which Amazon says they do not recognize) make that a part of your complaint against Amazon for NOT upholding their policies.
Amazon can NOT force you into binding arbitration as arbitration does NOT have injunctive powers against those violating your rights. Get the advise of an attorney.
