Can't get NAD sellers off the Detail page

I’m dealing with a situation that I never thought I would encounter

I have had my own brand and products on Amazon for the past 10 years, last week I noticed a couple of sellers hijacking the detail page.

So I did a test buy to see what they offered, to my surprise, I received an item that we discontinued 1 year ago, which is materially different and with a different part number, they probably got it off a liquidation deal or something because we had to dispose of our remaining stock due to a major defect in the product material, we took it off market.

This situation has raised concerns, as it not only affects the accuracy of the product information but also impacts the customer experience negatively, as we received many customer complaints and reviews on the other listing (a completely different product page and ASIN), hence the disposal.

Now they jumped on the current listing (different material, different part number, different ASIN) and they are hijacking my listing which has tons of good reviews due to the improved product material.

I reported the problem to Amazon through this:
https://sellercentral.amazon.com/abuse-submission/index.html

I got an email instantly that said “Hello, Thank you for your report of a suspected policy violation. We cannot take action on the report as no violation has been identified on the ASIN for the violation type selected.”

Now this is a huge problem, and my listing will be ruined if I don’t get these sellers off, I can’t believe that Amazon will not even investigate or ask them for invoices or anything, they INSTANTLY rejected my report.

What should I do now?

Are you brand registered?

When you sold the items at liquidation prices, did you sell them through Amazon or somewhere else?

If you sold the items through Amazon or similar, the other sellers would not be able to prove authenticity if you opened a counterfeit claim, which considering these items are not the items listed they technically would be.

I spend more of my time defending myself against these kinds of claims rather than opening them, so I’m not sure of the best avenue for opening claims against other sellers would be. There are some sellers who manufacture their own products and defend their brands on Amazon, hopefully they can offer more targeted advice.

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Perhaps the easiest way to explain this to Amazon is to state that this is a “counterfeit”, and you have done a “test buy”, and verified that the product is NOT the product described by the description in the brand-approved listing for the ASIN.

You can list the differences:

a) Part number is inauthentic for the ASIN (attach photo)
b) Physical differences (list them, attach photos)

Now, the fact that someone copied your OLD design (or bought some liquidation stock) is irrelevant. What they are doing is OFFERING it as if it were your CURRENT product, so the product is, simply put, counterfeit.

If you can jam that round peg into the square hole Amazon accepts as a “valid complaint”, you have no choice but to do so, and just ignore the nuance and essay-length explanation, as they will only hurt the chances that Amazon will “take action”.

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This is what I was trying to say. It came out clearer from someone who slept in the last 3 days.

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Yes I’m brand registered in the USA, but this violation happened in Canada, As I tried to use my brand registry to report this violation, I’m unable to choose “Counterfeit” I’m only able to use “item packaging containing my trademark”, Option, I submitted it anyway hoping an actual human being will look at it as the voilation is blatant

I always thought that once you are brand registered, you are brand registered doesn’t matter in which country, but I do have a strong claim in Canada without having my trademark officially registered, as I have been operating under this name since 2012

Add to that, this seller is a “Just Launched” seller who literally has my item as his sole offering as a “Best Seller” bro just came up on a gold mine
Face Palm Emoji, Apple style

I took your advice and just subbmitted under my brand registry with pointing out the differences, I will update once I hear back , thank you both for your help :slight_smile:

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Oooo… international intrigue…
Sorry, but this is now too far outside my experience.
Best of luck!

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Unless the trademark is registered in the country appropriate for the “amazon marketplace”, Amazon is not likely to lift a finger.

The law certainly gives one the right to sue for trademark infringement where one uses the trademark, even without registration, but those rights are enforced by the courts, not by Amazon.

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I’m finally able to succeed after so many tries and wasted hours, in removing the blatant violation!

Thanks to the international complication, it felt nearly impossible, but once I realized that I needed to engage the US side brand registry team, promise started to show, even though they seemed to get confused as they kept looking on .COM,

It wasn’t easy but it was finally done… thanks to all who tried to help

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WAIT WHAT?? You got the US brand registry team to protect your trademark in another non-USA marketplace? How?

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Yeah I don’t understand this. A trademark is only valid in the country it’s registered in, so they were actually correct to refuse to do anything as he has no rights in Canada. I guess they did something because the US/Canada/Mexico marketplaces are linked (for no good reason other than to cause problems) so the Canada listing was causing a problem for the US listing.

After it was rejected, I kept escalating by referencing the complaint number, but what I changed was that I logged into the brand registry from the US side but referenced the Canadian marketplace, I must have opened 5 cases and kept getting boilerplates, but one of them seemed like it made it to SP and because the violation was very clear and Blatant, they ended up taking action.

Wow, I would keep copies of everything, as the Canadian who used a “similar mark” to yours in Canada was perfectly within his rights to do so, and may well file a “trademark abuse” complaint with Amazon.

Amazon will not blame their uneducated employee as much as blame YOU for pushing the issue when you had zero rights in that mark in Canada. So, keep everything, in case this comes back to bite you.

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