Can you piggyback a branded listing without brand authorisation?
Hello all, we have authorisation from the brand owner to sell their products and also to use our own GS1 registered barcodes on their products.
My question is, can someone add products on our listing but who has not the authorisation from the brand owner? (but then how would anyone know?)
Thanks in advance
Seller_KKcTTZzy6Jd6Q
As per BarryM’s quote, providing the other seller sources their product from a legitimate source (which could simply be that they purchased the item from yourselves or the manufacturer) even without authorisation to sell the product they cannot legally be stopped from selling it (unless the brand owner can prove that the’re somehow damaging the brand’s identity by doing so).
As the products do not have barcodes on them the “correct” way to list them is to apply for an exemption, which will allow you to list a certain number of products for a given brand without needing an EAN or similar identifier.
There’s a help page dedicated to this very subject:
https://sellercentral.amazon.co.uk/gp/help/help.html/?itemID=G200426310&ref_=xx_G200426310_a_r4_cont_sgsearch
As an alternative you should label the physical products with the EAN that you have registered. (assuming you already own the EANs this is probably the faster/easier option for you)
11 replies
Seller_64jziShTiTjOq
Why do you want/need to use your own barcodes, if the product is the same as any other seller can buy from the brand owner? That’s just creating unnecessary duplicate listings on Amazon and, goodness knows, there are too many of them already
Seller_NoLYurmb006tq
You should be using manufacturer barcodes or amazon barcodes only if you are using your own barcodes there is no way to list the item legitimately as manufacturer barcode, in simple terms anyone can sell any product as long as they have authorisation.
So say…
You and me are buying from the same supplier and selling that item on amazon if you are using your own barcode and list the item first this saying it is not already listed.
A= I list my product using the ASIN rather than barcode as the barode is incorrect then we have some healthy pricing competition
B= I open a case with Amazon and report the inaccurate listing I then list the item with the correct barcode and yours is removed meaning I get all the sales.
Its not worth trying to cheat as you put your account at risk and you will loose, read up on what you need to be doing first and get it right first time is my advice before wasting money and risking loosing.
Seller_z6B2L9xab6HlP
Yes. Amazon works on a catalogue model. Information you add to the catalogue is not your listing, it’s Amazon’s. You then create a sales listing against a catalogue entry. If the item is legitimately sourced within the EEA then there is a general right of resale (see below). The correct place to list that item would be against an existing catalogue entry.
Directive 2015/2436 - Article 15 - Exhaustion of the rights conferred by a trade mark
A trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Union under that trade mark by the proprietor or with the proprietor’s consent.
Paragraph 1 shall not apply where there exist legitimate reasons for the proprietor to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015L2436
Directive in UK law: http://www.legislation.gov.uk/ukpga/1994/26/section/12
