Fake infringement claim
Hi,
I have received a fake IP claim from another seller against my business, and I believe they have done this to remove selling competition as other sellers have also been blocked form selling. I want to know what others have done to overcome this, any solutions as Amazon support have not been helpful in anyway. Any help would be very much appreciated as I have units which are stranded at Amazon.
31 replies
Seller_esvgLzKXw2YAl
To make an IP claim, there must be something about it, that Amazon can approve.
So what exactly is the claim and why do you think it’s fake?
Seller_MT8rt0A2OpbCx
Welcome to AmaBay, the catalogue platform where every unique product in listed only once with multiple sellers listing against it, making it easy for the buyer to choose the best price/service combination without looking through each of many sellers to find the ideal product…
… and a thousand dodgy ways to circumvent the above, make it difficult for the customer and avoid competitive pricing.
Seller_SITNVuZK87zGK
It looks like you should be on the listing B000IWW1G6.
You’ve done what 100s of sellers do I imagine, look for a matching image and list. You should have searched via barcode, though considering the image is in French it could be imported batteries? Edit - just seen you do actually import the batteries.
The seller under brand Baztech is also in the wrong, but convincing amazon of that is likely to be a long and arduous task for you sadly.
Seller_Be0kfSOjL8PIO
Amazon will kick your listing regardless
Seller_bbNvKccaSLZUp
I have the same. A few of our competitors have registered a drawing of their company names as a trademark. They then list normal products such as cadburys etc, and any other brand as they are the brand owners. This is illegal and called passing off. They the again break the law with the competition commission by stating to amazon that a competitor is selling counterfeit goods.
We get them too. Amazon do not seem to care.
We issue the company’s details who has brought the counterfeit claim, we issue the company’s details of the company that actually own the trademark, issue screen shots and a link of the law for the marketing commission and screen shots and the link for the law for passing off. We also attach invoices for purchases of the genuine products.
We get the majority of them reinstated and the policy violations removed. Takes time though.
Seller_4lwmfpmJcG44K
Ive seen this before… Basically, if you trademark a term and create listings using your new trademark, regardless of the brand the products actually belong to, then Amazon accepts the brand as being your brand and you control the IP on that listing.
This is why there are countless instances of the exact same product being listed over and over and over again. Its for those sellers to avoid fair competition and sell products - usually at a greater price.
I genuinely though Amazon would step in when I had the same issue with a Barbie branded product under a dodgy brand, but nope. This is a legitimate selling practice, so if youre not looking to set up your own trademark, get a sub to GS1 for your own barcodes, then you have to sell with all the other muggles
The IP infringement claim is valid, as you have listed on an ASIN where their trademark is present. Move past it, accept fault, apologise for the error, reclaim your stock and sell under the barcode.
Seller_DNVEaMSq9ORSr
@Northern_Trading_And @NEil @Liquidated-Goods @osgood guys, just a quick one, as my products are stranded at the warehouse is it possible to get these transferred to another ASIN/SKU and Amazon re-label them or do I have to reclaim my stock and relabel myself and send back?
Thanks
Julia_Amzn
Hello @ HAK_Products1,
I am happy to check your case and get more insights.
Are we talking about the ASIN B0044VT5TI?
Kind regards,
Julia.
Julia_Amzn
Hi @ HAK_Products1,
I would not give up on this listing yet 
Did you submit an appeal to this decision?
Bests,
Julia.
Seller_SITNVuZK87zGK
Are you suggesting here @Julia_Amazon, that there is nothing wrong with this listing? or are you saying that the OP could actually get the brand fixed to say Energizer rather than BazTech
Or is it perfectly acceptable that clearly Energizer branded batteries are in fact branded BazTech?
There needs to be a very clear understanding of the issue here. Anyone who lists on that listing is at risk of having an IP claim handed down to them by BazTech claiming its a parallel import, even though they are not BazTech brand batteries.
