Multiple listing scam leading to false IP claims
Hi all,
Sorry if this has been brought up before but this is a new one for us.
We offered our genuine product which was identical to the existing listing for a well know chocolate advent calendar (Asin B09HXPSBZH). We received an IP claim from the ‘brand owner’ through Amazon claiming our product was counterfeit.
On investigation this brand owner has a trademark in class 28 (toys) but the listing is for a grocery item. On further investigation he has dozens of other listings mainly in grocery. It seems they list under their brand but for common everyday household grocery products.
Obviously we messaged him both on the provided email and through his sellers account but surprise surprise no reply
Suggestions welcome on the best way to deal with this and also to get the complaint / violation removed.
N.B. Brand name and seller I.D. are different but address is identical
Thanks very much
7 replies
Seller_77IcbQKVGdZo0
Unfortunately you are unlikely to be able to get this removed. The brand the Cadbury’s product is listed under is ‘Soolar’.
The owner of the barcode is also ‘Soolar Concepts Limited’.
The only possible way you could appeal this is to claim that the IP claim is not valid as it is a grocery product and not a Toy product. However the chances of doing this are probably very slim.
You should have ensured you listed under the correct barcode for this product and ensured the brand was Cadbury to be fully protected. I am also not sure if you need authorisation from Cadbury to sell their products on Amazon as they do have their own Cadbury Gifts direct brand.
You are unlikely to get a reply from the brand owner as this is a very well known way of ensuring a seller gets a listing to themselves and can sell well known branded products with no competition. I personally think it is really wrong but it is within Amazon rules.
Seller_64jziShTiTjOq
There is another listing for this B0968PMSWL, with the brand as Cadbury, although I don’t know why it doesn’t have an EAN
The other B09HXPSBZH is a rogue duplicate with wrong branding of Soolar - clearly the brand is Cadbury’s but the other seller now has their own brand on it and you can’t sell on that listing. Come off it and stick to the proper one, especially as his price is over 3 times the genuine one
Seller_xUKHc5xSYJmI4
I have looked at the information. Cadburys Heros is a product owned by Cadburys regardless. You cannot rebrand a registered brand under a different name whether you purchase new barcode or not.
The claim maybe defended under The Intellectual Property (Unjustified Threats) Act 2017 (the Act ), however I would seek advice.
