As expected, Amazon linked our private labeled, trademarked, IP packaged, product with another brands pretty much identical item by a different brand on WalMart. Now, are they the same item, definitely not, as it would require mold data, plastic compounding,etc info to “see” a difference. Are they different enough for me to explain it at a 3rd grade level to the average IQ utilization of seller support? No.
All 3 of us at lunch with a beer, sighed with a deep exhale that sounded like a Fuuuuuhhhhhhhk.Then we realized only one of the two identical variations were matched. Think left turn signal versus right turn signal where you just flip it over and it works on the other side. This got one of us thinking… Can we create a sacrificial variation for this kind of Amazon bullshittery???
A UPC is far cheaper than a lawyer, and as the rights owner I can sneeze on the packaging and call it different product. Make two listings with the expectation that one will be price capped and the other not by adding some useless BS to the title.
a. You have a listing that is proprietary to the max with its own listing
b. You’re being offed your own, BR listing because amazon bot scanned a similar product on walmart?
c. I just can’t fathom what is going on right now since both items have different UPC’s - is your listing using the UPC or FNSKU? - and even if it is comingled - since no one else can get it, the UPC is different obviously?
Yup, but the design and patent are dated and universal so it’s not physically significantly different in appearance that we can point to the knuckle dragging inept AI seller support. We have everything else tight, UPC, packaging, brand IP, etc.
Yup. Different brand, but tied together by a common application list and part number. Its an auto part so there are kind of universal descriptors for things to allow it to be searched on the platforms.
Amazon DGAF that we have a unique UPC/packaging etc.
No way to get it in the volume they are selling on WalMart, put 99 in the cart and we have never lost more than 1-5 annually. We only offer this on Amazon, they are serialized and production marked.
It is made by a common oem manufacturer so it looks the same. Think Chevy versus Auto Zone brand brake pads. Made in same plant, looks the same, smells and tastes the same, different packaging and different brand.
Well the conversation is about if there is a possibility the catalog and crawlers cannot hit numerous variations of the same item. Clearly the crawlers only hit on the tile and not other differences.
If so it is a much cheaper can of raid instead of the flamethrower/thermonuclear weapon.
The lawyer is looking more like our only option every day. Had a counterfeiter who is a vendor, sell a different brand on our listing. We did a test buy, reported it and its been a month.
Makes me wonder, as someone that knows about ■■■■ like this if that competitor used your UPC code to set up their copy.
That’s generally how Amazon makes these connections.
Walmart does the same, and even will pull your ASIN from Amazon into the backend of the listing. I found this quite shocking when our listings got associated to each other on Walmart.
Thought about that, and there is no UPC linkage to the WalMart item as a search of the UPC brings up nothing.
I think it is all title based. XYZ item for ABC tractor replacement for 123 part number.
I think I read somewhere (I could be wrong) that competitive offer can include similar products as well. If both the products are a 3rd party replacement part for the same original part the Amabots might determine they’re essentially the same item.
Or the bots just got it wrong. I’ve had instances where there was a “competitive price” that I searched high and low and could not find as well.
I just ran a search on all of our listings, using their UPC codes and the GTIN (extra 0 added), like they do on the back end of the listings and I got the same woman with binoculars that you did for all of them.
True, but I think it is still a violation of the rights owner IP of all parties, to make that assertion.
EDIT–We don’t have a lawyer for contract arbitration, but we do have a kick ■■■ one for IP and he agrees. Just got off phone. He says intentional price suppression using a different item is infringement and damages the brand.
I’m a little surprised you’d have a claim there since I would’ve thought Amazon can freely choose what they want to show customers since it’s their site.
Could be a worthwhile arbitration case if someone has this happen on a high volume ASIN.
The attorney put it this way, an intentional degradation of the value of the brand through their false association makes them liable for the losses. He said we have to notify them of their mistake and if they don’t fix it they are liable for the damage to the brand and we can get an injunction against their false comparison.
He made the analogy that Amazon cannot use its TOS to compare an Iphone to a Samsung.
They sent us a notification that they were doing such, and we can see the comparing item and its differences. It is willful if they are notified and fail to stop according to the attorney.
Nope, this does not fall under arbitration as this is IP which is not covered under ASBSA. This be federal court, because they are damaging the trademarked brand, not violating policy. But alas, I just want it fixed. He said lawyers reading lawyer stuff usually fixes it long before court filings.
This is not small potatoes for some of us.
This is just bot stupidity and when and if you can get to someone that can understand and take action, they will.
I’m still not convinced that this isn’t UPC related based on what I tried today on Walmart with our own listings which are properly set up in terms of their actual UPC code.
Well, that amount of sales is definitely worth a lawsuit.
It’s highly likely they won’t be willing to do anything unless a lawsuit’s actually filed though. Once the lawsuit’s filed and they know you’re serious, then you can get some kind of resolution. You probably do have to take some steps like send them a letter, wait X days while they ignore it, then file the lawsuit.
I think it is because the manufacturer previously for over a decade did not use UPC identifiers. All the associated listings previously for this manufacturer tied without the UPC’s and even tied to new UPC’s so it has to be title/description related.
Lawyer said this is super easy because the item that is incorrectly compared to ours, is also made by the same manufacturer, so pointing out the differences is a slam dunk because we have the manufacturer on our side because it is a different model number and mold, but Amazon does not know or care to know that level of detail.
