Brand owner trying to stop us selling
Hello,
I understand there are a few topics about this but after reading most of them I’m still not any closer to finding an answer.
We are selling puzzles on Amazon UK marketplace which we purchase from a wholesaler in China (where the brand owner and manufacturer are also located). We have been selling these products for years on our website and have even spoken to the brand owners in the past via email.
Since selling on their Amazon listing under their ASIN they have asked us to create our own listing as we are not allowed to sell using their listing (this is wrong, so very wrong). The product in question is being sold by the brand owner for XX.99p and I’m selling it 1p cheaper to win that illustrious buy box. I understand I’ve undercut the brand owner but there’s a massive margin in this product and they’re REALLY overpricing it even with fees etc…
What CAN they do? (legally, might I add)
Should we be worried?
After researching this the brand owner has no right to ask us to make our own listing as then it would have an incorrect EAN. We are selling the product on their listing with their EAN. It was sourced legitimately from a wholesaler that they know and trust (in fact it was our wholesale that alerted us to this issue and not the brand owner). We’ve asked the wholesaler to give our email over to talk to them directly but I want to be prepared. Can they force us to stop selling their products using their listing even though the products are 100% genuine.
TIA!
36 replies
Seller_NoMNQDGnEW5Bx
Is the EAN printed on the product? And the brand also on the product itself?
Seller_7VbclcPFFRTnc
Unfortunately yes they can stop you from selling on amazon by reporting you
If they were to pursue legal action, they would probably need to show an exclusivity clause showing they do not permit amazon sales however, as you do not buy from them directly, I’m not sure how they would do this - but I am not a solicitor !
There are many , many brands who do not permit resale of their stock on amazon
The difference with your supplier though seems to be that for some reason, they are happy for you to rebrand it 
Seller_esvgLzKXw2YAl
If it’s a branded product, then yes, they can stop you selling on their product.
Even if they couldn’t, all they have to do, is to stop supplying you.
A lot of wholesalers etc do not allow you to sell on Amazon. It’s actually written into their T&C’s.
Seller_qZO3ZCjoBXEeL
They can stop selling it to you (by instructing the wholesaler to stop) so you cannot sell it.
They can also make life difficult filing IP claims against you which will get your offer suspended until you prove they are genuine - assuming the wholesaler that you buy from is of sufficient reputation for Amazon to clear the IP violation…
Seller_zTfVQ6YHZvIxV
What a brilliant opportunity - rebrand them and add in other puzzles to create your own brand. Yes, you’ll need to promote it but it’s a great business once up to speed. I specialise in this if you need a steer
Seller_eWzMQwj2dBZv5
It seems like if it’s “their” brand, it’s perhaps “their” intellectual property, and if you’re trying to undercut them on Amazon with “their” design, they’re probably going to boot you and give you a big black eye with Amazon. And, if it sells, the wholesaler will be glad to sell it to your competitors.
I would say, sell it on your website, not on Amazon, don’t jeopardize the rest of your Amazon business.
Seller_VJFloi7Cs0iaR
Just to add -
You’re very likely to be hit with a Parallel Import violation soon, as you are importing them for sale without permission into this country.
And Amazon will back them all the way.
You need to have distributor rights for the country of sale, which is usually implicit when you buy from a UK wholesaler.
You can’t just bypass the supply chain unfortunately with Brands, imagine if we all started buying Iphones direct from the manufacturer in China or wherever, yes they would be genuine, and I’m sure there would be a massive margin in it, but it wouldn’t be legit.
Sorry but you’re not going to win this one.
The Brand owner has likely invested a huge amount in the product and marketing on Amazon, just for someone to come along and drop a penny off the price and steal the sales.
We import a lot of products from China under our own brand, sometimes it can take 6 months and thousands of pounds marketing and selling the product at a loss before we can get the sales ranking and then price up to a profit, but it’s worth it, because that’s business and in the long run it pays, but as soon as anyone pops up on our ASINs flogging generic look a like products, you can bet your mothers backside I’m reporting them.
Seller_uMmu83JjtU798
you wont win! we had auth provided amazon with proof of this by the uk distributor we bought off but no they didnt care/listen and shut our account ! beware amazon is a disgusting company
Seller_bK8sM12AW9CFt
Hi, I am reading this correctly? …
So the Brand Owner and Manufacturer have thought of this product, spent months designing the product, invested ££££’s into the product and packaging design, spent more money and time on the advert and marketing with the risk of not selling, sold initially for months at no profit, sorted the Branding out with Amazon and then… you purchase indirectly and drop onto his advert?
Thank goodness you have discounted the product by 1p against the Brand owner so Amazon customers can benefit 
Seller_7WZvcLswAPFoD
I can feel the pain of the brand owner here as we are facing similar problem with our resellers.
As a brand, we put a lot of blood and sweat in building a Listing and then we allow other sellers to map their offers onto it. In return, we expect sellers to maintain a fair ground when it comes to pricing, solely as a moral and ethical practice.
winning the buy box for a Brand is not at all difficult as I am really sure the brand can easily beat you on the price as they are the ones with highest margin
The only reason a brand doesn’t do this, is to maintain their product and brand image.
