An Amazon Sellers worst nightmare, the “Counterfeit Complaint”.
A counterfeit complaint on Amazon typically arises when a seller lists a product that infringes another party’s IP rights, whether knowingly or through poor sourcing practices, and it can lead to an immediate account suspension. Preventing this starts with verifying your supplier’s authorization and confirming every listing detail matches your actual product before you sell.
Aryan Amid, attorney at LA Law Group, talks to you about the dangers of a counterfeit complaint on Amazon and its effects on your selling account, as well as the pitfalls to watch out for when sourcing products for sale on your account.
- Sourcing
When sourcing, you want to be sure you are sourcing your product from a reputable company who is an authorized reseller/distributor of those products or who has the IP rights for the products in question. We saw in one instance where a seller was sold headphones which were very similar to Apple EarPod design. The sellers failure to do their due diligence and identify that the product they are purchasing and subsequently offering for sale infringes on another parties IP rights led to the suspension of their seller account.
- Listing
When selecting an existing listing on Amazon to sell your products, read the entire listing detail page and make sure your item is a 100% match to that item page. If there are any inaccuracies or errors, DO NOT LIST. We too often see sellers purchasing a generic product from Alibaba or the likes, and then listing it on the IP owners listings on Amazon. In these instances again, the sellers fail to do their due diligence which and often does lead to the suspension of their seller account.
We at LA Law Group are dedicated to your long term success on Amazon. For more information on these or any other Amazon related legal question contact us for a free consultation at 866-62-LALAW.
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Frequently asked
What should I check before sourcing a product to sell on Amazon?
Confirm that your supplier is an authorized reseller or distributor, or that they hold the applicable IP rights for the product, before you list it for sale. Skipping this due diligence step is a common cause of counterfeit complaints and account suspensions.
Can I list my product on an existing Amazon listing owned by another brand?
Only if your product is an exact match to every detail on that listing page; any inaccuracy can trigger a counterfeit or IP complaint. Sellers who list generic products, such as items sourced from Alibaba, on a brand owner's existing listing often face suspension as a result.
What happens to my Amazon account if I receive a counterfeit complaint?
A counterfeit complaint can result in suspension of your seller account while Amazon reviews the issue, and the process for addressing it varies by case. Consulting an attorney familiar with Amazon seller issues can help you understand your options under California and applicable law.
Attorney Advertising. This article is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.