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Intellectual Property and Co-listing white label products
Hi folks,
As a new seller we have registered our own products and also attached ourselves to existing listings where the product matches our own. The products are ‘white label’ from China which I can see multiple sellers also have access to and have branded as their own.
I have today received a ‘friendly’ notice of IP breach with a request to remove my listing as I do not have authority to sell their products. I have gone ahead and done this as I’m not clear on the rules where it comes to ‘white label’ products.
Is the fact that a competitor has put its Brand name in the description enough for me not to list where I believe the actual product is the same? The picture has no indication of branding. What if the pic showed the brand packaging. Should that also prevent me from co-listing where I believe the product is the same?
If someone has registered a trademark and made this clear in their description I won’t co-list but otherwise I think it would make sense for the same products to be grouped together to make decisions easier for customers.
0 replies
Seller_2MDS66zdjPMUU
It is a known problem and mostly unmanaged by Amazon because the catalogue is such a mess. You are right Amazon require you to list against identical products where the listing exists. However since you have been “challenged” by another seller and an IP complaint could get you suspended (wrongly) and Amazon are likely to take the complaint at face value. I would create another page. If Amazon do question this you can point to the other seller and explain that for the avoidance of doubt that you have heeded the IP warning and its Amazon’s policy not to list items that may infringe IP rights. However and in any case Amazon are more likely to suspend you for an unproven IP claim than they are to suspend you for creating a new product page. The downside of a new page is that you will lose any sales ranking or stars the product has already achieved on your new page.
Seller_rZax50qrWcaoG
Rather than create a new listing as mentioned by Pashmina_Silk1, I would contact the seller requesting proof of IP ownership to the item as applying a brand name to the description and packaging does not give them any legal authority to prevent you listing against it.
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