Fraudulent IP Complaint
Hi guys,
Bit of a hope and a prayer.
I am a small time reseller and i have just received my first IP complaint for parallel import.
I have been selling a product and made the mistake of not checking the brand name or double-checking the EAN before listing.
The product on the listing is not their brand and i have ordered the item directly from the listing owner to confirm that it is identical to mine and has not been edited in any way with their own brand. Both products have the same EAN.
Can i dispute this in any way or do i just need to take this one on the chin??
Should i be concerned that my account will be deactivated?
Fraudulent IP Complaint
Hi guys,
Bit of a hope and a prayer.
I am a small time reseller and i have just received my first IP complaint for parallel import.
I have been selling a product and made the mistake of not checking the brand name or double-checking the EAN before listing.
The product on the listing is not their brand and i have ordered the item directly from the listing owner to confirm that it is identical to mine and has not been edited in any way with their own brand. Both products have the same EAN.
Can i dispute this in any way or do i just need to take this one on the chin??
Should i be concerned that my account will be deactivated?
8 replies
Seller_7VbclcPFFRTnc
Unfortunately as you’ve realised, rule number one is to check EAN and brand
I have heard of others successfully uploading invoices - but its a long shot
Did you buy the product from a UK trade only supplier - who confirmed that the products can be sold in uk ?
Whats the asin ?
I think its good for the mods to start seeing the extent of all this ‘rebranding’
Seller_pKdF0dnvoraDu
Hello @BPBSales ,
Virgil here to assist.
Based on my observations from your post, I want to provide you with a sense of direction moving forward.
Amazon is dedicated to providing customers with the widest selection of goods on Earth and creating an amazing customer experience. Amazon does not allow listings that violate the intellectual property rights of brands or other rights owners.
IP rights owners may prohibit you from importing or selling their goods in the UK unless you, your supplier or an upstream supplier have the rights owner’s consent to sell the items in the EEA or UK (that is the products are “exhausted” in the EEA or the UK). It is important to note that a rights owner can prohibit the sale of an item that you sourced in the UK in Amazon’s European stores outside UK if they have not consented to the sale of that item in the EEA.
Make sure you only sell products on Amazon’s UK store which you have imported into the EEA or UK yourself with the rights owner’s consent (including their consent for you to sell in the EEA or the UK), or which you have sourced – directly or indirectly – from a supplier who has been authorised by the rights owner to import or sell the products in either the EEA or the UK (for example, an authorised subsidiary of the rights owner or an authorised EEA or UK distributor). Note that if the rights owner challenges your sales of products on the ground that they are illegal parallel imports, you will have to prove that these were imported or sold in the UK or the EEA with the rights owner’s consent. So make sure to keep the invoices and authorisation letters for these products.
If you receive a warning for infringement, you will have several options to appeal or dispute the claim:
- If you receive a warning for a product you never listed on Amazon, reply to the notification you received and let us know that you have never listed the reported product. We will investigate to determine if an error occurred.
- If you have an established relationship with the rights owner who submitted the complaint (such as licence, manufacturing or distribution agreement), we encourage you to contact the rights owner and request that the complaint be retracted. If we receive a retraction from the rights owner, your content may be reinstated. The rights owner’s contact information is provided in the warning you received.
- If you believe that a rights owner, or Amazon, made an error when removing your product listing, reply to the notification you received and provide specific reasons as to why you believe a mistake was made. Provide any invoice or Order ID that demonstrates the authenticity of the product, where appropriate. We will then re-evaluate the notice and your content may be reinstated.
For more details, kindly visit Amazon intellectual property policy.
Thank you for your post. I hope my response is beneficial towards your business.
Best Regards,
Virgil.