Counterfeit Items - Why does Amazon allow this?
We own a supplement brand. We found two sellers making counterfeit versions of our brand and selling on Amazon. We only sell this brand via our website.
We don't have a trademark, but the logo should be protected under copyright.
After filling the complaint, Amazon refuses to remove the fake items. I received the following response:
"Thank you for your report of infringement. We cannot take action on your report for the reasons listed below.
The information that you provided in your complaint does not match the content that you reported. Please confirm that you provided the correct information in your complaint, including any patent numbers, trademark numbers, or copyright descriptions to help assess your complaint correctly."
I clearly showed our logo and product name being used. It's a 1 for 1 fake counterfeit.
What do I do?
Counterfeit Items - Why does Amazon allow this?
We own a supplement brand. We found two sellers making counterfeit versions of our brand and selling on Amazon. We only sell this brand via our website.
We don't have a trademark, but the logo should be protected under copyright.
After filling the complaint, Amazon refuses to remove the fake items. I received the following response:
"Thank you for your report of infringement. We cannot take action on your report for the reasons listed below.
The information that you provided in your complaint does not match the content that you reported. Please confirm that you provided the correct information in your complaint, including any patent numbers, trademark numbers, or copyright descriptions to help assess your complaint correctly."
I clearly showed our logo and product name being used. It's a 1 for 1 fake counterfeit.
What do I do?
5 respostas
Seller_NbYSGJ8Tehgbv
I am extremely familiar with the supplement industry.
Unfortunately, there is a huge influx of counterfeit items coming out of Europe and making their way to the United States.
I even know of some brands who counterfeited DMAA when the FDA had a problem with it long ago.
Amazon will be the first to tell you that it acts as a marketplace. Marketplaces, typically, do not offer this type of protection against counterfeits. Its up to the brand owner.
Realistically, there are a lot of bad actors out there. Both off and on Amazon. If you are to take your brand to the next level, I would suggest investing in a trademark.
Copyright reporting requires a test buy. If you placed a test buy, you can try to post the case ID of the case you opened to try and remove these counterfeit sellers to see if a moderator can assist.
Jim_Amazon
Hi there @Seller_Y3fL2BYRP9Go1
To add on to what @Seller_NbYSGJ8Tehgbv said above, is the sellers popping up on your listing or a separate one? Hard to say if your logo is protected by copyright law without seeing the information around but if you have a case you've opened, please send me the case ID so I can look into it!
-Jim
Seller_CW0P5hgbsiqWX
"We don't have a trademark, but the logo should be protected under copyright.:
Bo, that's a big mistake to think that way. There are many unsavory sellers would read that and register the logo as theirs tomorrow. Then take the whole business away from you claiming you are the one infringing or their rights. It has been done. In fact. it is widely known Amazon has created over 100 brand names and then simply sold other seller's popular products as their own.
Your solution is to register that logo/brand tomorrow which will give you legal rights to call it yours. Today, it is just fair game.
