I hear this question often, “How are other people allowed to sell my product on Amazon without my permission?” This has been a common topic for brands selling on Amazon. Being able to stop other sellers from selling their brand is a constant battle.
Here are a few ways to deal with other sellers effectively:
1. Amazon Brand Registry
By registering your brand, you are getting additional protections. However, Brand Registry does not prevent other sellers from offering items for sale against the brand listings, it does do the following:
· Submit IP infringement claims.
· Report listing issues including incorrect information on detail pages and incorrect variations.
· Retract IP infringement claims.
· Report technical issues.
· Escalate previously submitted cases.
*A requirement to enroll into Brand Registry is that you must have a country-specific trademark that is active
2. Submit a complaint to Amazon
Continuously monitor product pages and accounts to know when your listings have unauthorized Amazon sellers. An unauthorized seller who is selling your product without agreement is violating your trademark. You should first send the unauthorized seller a message, politely letting them know you will report this violation to Amazon unless they remove their listing within 72 hours. If they don’t remove it, I suggest sending a second Cease and Desist Letter. If the seller is unresponsive, report the violation to Amazon.
(Note: You may be required to conduct a test buy of your product from the unauthorized seller. After verifying that the product is not authentic, you then file a complaint with Amazon and try to have the seller’s offer taken down)
You can learn more about Intellectual Property Rights here.
3. Put a distribution agreement into place
We recommend putting a contract into place when selling to your retailers and distributors that they will not resell your products on Amazon. This will decrease the number of unauthorized sellers on Amazon and reduce the amount of confusion regarding their entitlement to the Amazon marketplace. This agreement will help restrict where your distributors may sell, which will help reduce unauthorized sellers from gaining access to your inventory to list on Amazon.
Lastly, you will not be able to keep all unauthorized sellers off of Amazon at all times, but if you properly police your brand on Amazon, and follow the steps above you might be able to achieve an increase in revenue and a much cleaner channel.