IP Complaint Alleging Counterfeit
I have received my first ever IP complaint from brand I am ungated with and sell their products, that brand is alleging that my products are counterfeit, they have made this claim without ever even seeing my product, I believe it was a automated system through greyscout.
I had bought this item in person from a TJMAXX brick and mortar store, and only have the physical receipt. I have submitted pictures of this receipt and of the product, only to be denied. My account health has been affected and I'm not to sure what else to do.
Amazon says I need:
A invoice (I do not have, I only have the physical receipt)
A letter of authorization saying I can sell this brand dated before the IP complaint (don't have either)
To have the brand drop the IP complaint, I have sent an email to the company but haven't gotten a response, what do I do?
"We suspect that the listed item may be a materially different product and potentially infringing our IP.."
8 replies
Seller_Qbd0RsfZFEZBY
Items sold at a store or website that charges sales tax are being sold to the end user, thats you.
When you attempt to sell them again on Amazon you are breaking alot of Amazon policies and a few laws.
But the end result is that the items your selling are concidered counterfeit as they are second-hand/used and you are misrepresenting them as new (fraud) as well as using the brands intellectual property without authorization (theft).
The item is "materially different" and it is infringing.
Only way to keep your Amazon account is to admit what your doing, stop doing it and dont do it again and hope for mercy.
Seller_nRFmxiQg4EGrw
So that explains it; you're not an authorized seller, and you purchased your supply through unverifiable supply chains.
Unless you can get the brand to drop their claim, there may be little else you can do. Gone are the days where Amazon often gives second chances.
Seller_OvL8C4BJWiuS9
You were ungated by Amazon, but that doesn't mean the brand authorizes you to sell their products.
Buying from a retail store is not giving you authorization either. Receipts will not work in proving authenticity.
You do need a LOA from the brand, otherwise anything you sell under their brand can and will be construed as counterfeit.
Without proper documentation your store can be deactivated.
Seller_kIukTwdhvntAp
"I have submitted pictures of this receipt and of the product, only to be denied. My account health has been affected and I'm not to sure what else to do. "
You can start drafting your "please help with my Section 3 suspension" letter because you are going to need one shortly.
Everything that @Seller_Qbd0RsfZFEZBY, @Seller_nRFmxiQg4EGrw, and, @Seller_OvL8C4BJWiuS9 has told you is correct.
Consider yourself lucky IF you made any sales because you should have been stopped immediately.
You are confusing AMAZON allowing you to list (or at least "ungate") an item or category and actually being APPROVED to sell a product. Amazon may have ungated you for a CATEGORY but there can be 100's of brands in the category and they ALL have their own restrictions.
AMAZON is only interested in FEES. They will allow a chimpanzee to list if it means they collect $$$$$.
You really need to go study Seller U instead of TikTok and YouTube before your account gets kicked to the curb permanently.
https://sell.amazon.com/learn
Since you don't appear to have done that PLEASE pay attention to the following:
Here are the NEW rules for selling on the ‘new and improved’ Amazon. Only you can tell us if you meet the requirements. If they are rejecting your "invoices" you do not.
The first question is -- Are you authorized IN WRITING by the BRAND to sell their items on Amazon? That means from the BRAND, not some random wholesale source that can NOT authorize anything – they only SELL.
More and more brands have provided a "whitelist" of their approved sellers and if YOU are NOT on the list you will be stopped in your tracks and probably hit with an IP violation.
The second (and probably more important) question is -- Where are you sourcing your products? Are you buying direct from the brand or through an AUTHORIZED wholesale source?
HINT -- NO, you did NOT source properly.
Have you verified with the BRAND that your distributor IS an authorized wholesale distributor for ALL of their products. Some wholesalers are only allowed to distribute portions of a product line.
NOTE – FOR 'GATED' CATEGORIES' DOING RA IS NOT PERMITTED ON AMAZON. PERIOD. If you have to 'apply to sell' you WILL need an INVOICE from an AUTHORIZED distributor and not a receipt.
Be sure to send a nice "Thank You" to all the producers of those YouTube and TikTok videos that you watched instead of learning from Seller U.
VACATION MODE! NOW!!
Seller_HP0CuTSNvJvu9
Sorry, you're done. Retail arbitrage and Amazon do not mix.
Nikki_Amazon
Greetings TopTier_Outlet,
Thank you for contacting us here at the Forums!
In order to sell branded products on Amazon, you need to have proper authorization from the brand owner. This is a requirement that Amazon has in place to protect intellectual property rights.
The documents you would need to provide in this situation are:
- Invoices proving the authenticity of your products (you may remove pricing information); OR
- Amazon order IDs demonstrating product authenticity; OR
- A licensing agreement or an authorization letter from the rights owner (this cannot be a forwarded email, it must be an original document); OR
- A court order finding that your product does not infringe the asserted IP, or that the asserted IP is invalid or unenforceable.
Without one of these types of documentation, Amazon is likely to uphold the IP complaint and the violation will remain on your account.
The authorization letter from the brand needs to be dated prior to the IP complaint. A post-dated letter will not be accepted.
You can try reaching out to the brand to request a complaint retraction, but the brand may not respond or agree to do so. The brand is under no obligation to retract a complaint they have filed, even if a seller contacts them. While it's worth the seller trying, there's no guarantee the brand will be willing to resolve the issue in that way.
Please let me know if you have any other questions! I'm happy to provide further guidance on navigating this situation.
Best wishes,
-Nikki
