What is counterfeit to Amazon?

The email had a business name at the top unredacted. This is a forum available to the world and I/we don’t want to be copying peoples email messages even if shared elsewhere.

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Are you in Canada? Because Toronto is not eligible for IP claims unless you have a Canadian IP registration.

Aaa ok didn’t see it sorry,

nope I am in the US

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Where is the sellers address?

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you mean the person shipping “counterfeit” goods? its in Massachusetts

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Words matter for stuff like this. Who is the “Seller” not the “Shipper” the shipper could be a random distributor/wholesaler of a different product, who has no idea what is going on because all they get is a PO and a label.

this seller knows what he is doing, he manufactured the product himself.

I am just trying to understand how one goes about this with this seller not shipping the item, not putting my trademark on the product, etc

There are ways around that, as long as one’s hand hasn’t previously been tipped.

Since it does appear, from the situation which you’ve premised in your posts to your thread here, that the scammer is “on” to you why you’re creating these Test Buys - and, consequently, pretty much putting paid on the notion of NOW using one of those commonly-deployed ‘stealth’ approaches to the problem - I’m constrained to agree with the seasoned & savvy forum vets upthread who recommend that there are basically only to ways now for you to hammer this louse out of your hair:

  1. Via resort to legal representation:

  2. Via resort to the Amazon tool you can always leverage: the scammers’ ODR.

Neither option comes without cost, of course, and it may fairly be said that only the latter readily lends itself to easily recouping initial expenditure(s) in time & treasure, so it behooves us all to crunch the numbers, for both possibilities (or, for that matter, ALL possibilities :wink:) before plunging into the deep end of the pool.

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Urban_Desi… does not come up with anything for sale in my google searches or Amazon listings to see where they are physically located as required under the INFORM act changes. And you cannot simply state the “seller is located in XX state” so I don’t know what to tell you.
I don’t want to accidentally dox some random distributor.
I have fought with Canadian based sellers who had domestic shippers and it is a different route so the words matter.

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this seller that I provided the screenshot was just to show that confirming shipments and not actually shipping them is a violation of policy and should get this seller(not the one in the screenshots) that I have problems with suspended,

one thing I found interesting is that when I did report the violation I mentioned to amazon I received this email titled: Your Report of Rights Infringement on Amazon.com

weird because I reported an Amazon violating not an infringement one :thinking:

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the main issue is: that nothing I can do will affect his ODR, Amazon needs a way to report people who game the system like this

If someone is selling counterfeit, AND this person knows your address and your amazon customer account, they can simply submit false tracking number and refund the order
Doing this does not damage his account in any way

ODR doesn’t take a hit and also I cant report it because order was not completed- only way seems to be reporting this specific action as a violation to policy but we will see if Amazon does something

@Thethe you can use the orders that your friends received as the test buys. Alternatively, now that you know, you can set up another test buy with a different friend and have them document the shipping packaging, the shipping label, the opening of the box, the interior packaging, and the product within.

Basically, your position that you can’t do a test buy is wrong. You are hung up on the other Seller not actually shipping to you specifically, but that’s not a barrier to a test buy.


Additionally, your trade dress does not have to be USPTO registered to be protected under copyright law, but you will need to pursue this via your own lawyer, off of Amazon. You can submit a DMCA takedown through Amazon and attach record of your legal proceeding, though.

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From what i have tried both infringement and product not as described does not work if its not from your own buyers Amazon account

A moderator on the new forum told me this as well

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Where can i submit a DMCA thru amazon

Although my lawyer is great he is not very familiar with Amazon

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https://www.amazon.com/report/infringement

They have somehow exempted themselves from providing the world with a contact point for traditional DMCA takedown notices, but one could send one to the 1st address below, and see what they say. Most likely they will say “you are a seller, and have agreed to certain terms and conditions, and one of them was that you would follow OUR pseudo-IP processes, and not send us things like DMCA takedown notices”. (This could get a seller in trouble for “abuse”, if they were draconian.)

There are 3 addresses, the first for email and mail, the 2nd for courier, and the 3rd for service of process.

Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
Phone: (206) 266-4064
Fax: (206) 266-7010
E-mail: [email protected]

Courier address:
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA

Amazon.com, Inc.
Corporation Service Company
300 Deschutes Way SW, Suite 208 MC-CSC1
Tumwater, WA 98501
Attn: Legal Department – Legal Process

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:man_facepalming:t2: wow

Have you tried this or other people have tried this?

The report abuse is a joke

I literally provide them with the policy the seller is breaking and its always:

We cannot take action on the report as no violation has been identified

Like what? I literally provided the link to the rule lol

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Have you or anyone else been able to subpoena Amazon for information regarding the Amazon seller account? Is there a way to force Amazon to hand over how many sales a person had in a specific brand?

Some years back, with the launch of the AHT (‘Amazonese’/‘Amazonish’ for “Account Health Team”) Initiative having fostered the Account Health Dashboard, the submission process was integrated into that functionality.

The currently-prevailing policy is explained in the latest revision of the frequently-reformulated SHC (“Seller Help Content” in ‘Dogtamerese’) page Procedure for submitting a counter-notice pursuant to the DMCA (link).

When that help page was first published, back in Q1 of 2017, in replacement of a now-deprecated page published originally in Q4 of 2013, it was incorrectly titled “Procedure for submitting a counter-notice pursuant to the DCMA.”

At least once every quarter from Q1 2017 to Q2 2019, I submitted requests to the Editorial Team for the title to be properly updated from the errant “DCMA” to the actual nomenclature promulgated by Congress, “DMCA” - to no avail.

When I made mention, in a Q3 2019 OSFE reply to a related-subject thread, of that perplexing situation having existed for more than two years - along with a plea for other members of our Seller Community to submit similar requests for correction - SEAmod took notice, and promised to escalate.

It required more than 5 months after that event for the title to be corrected to what it shows now.

The moral of this story, in my mind?

Amazon has simply grown too big for its britches (breeches) - and it truly doesn’t care, because it makes money hand over fist.

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Yes

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Judges sends a letter to Amazon? how does that work?

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