If you sell private label or wholesale products, you might have jumped out of your skin at the recent news about the increase in false infringement claims resulting in sellers just like you being banned from Amazon.
A ‘false infringement claim’ means that an unscrupulous competitor or irate customer can basically submit a form on Amazon claiming that you are selling a counterfeit product. In many cases, Amazon just ensures the form is completed ‘correctly’ and then pulls your listing down or bars you from selling the product or – in the worst case – bans you from selling on Amazon.
So I reached out to my top experts to get their advice for you. I’m so thankful I have instant access to them! It’s all here for you, below.
Note: If you have been suspended, contact my only trusted partner who can help you, Scott Margoluis at FeedbackRepair.net. His advice is at the end of this article.
Lastly: If you source retail arbitrage (‘RA’) or online arbitrage (‘OA’), you’re not immune to being banned! A customer or even the brand owner can easily get your account suspended – or at least, ‘on notice’- by complaining to Amazon. RA and OA are NOT ‘dead’, but remember you’re at a far greater risk versus if you were sourcing and selling products via private label and/or wholesale. If you need help with wholesale, click here. If you need help with private label, click here.
Read on, and
keep me posted…
The upside? We are on the forefront of the most amazing commerce evolution since the industrial age.
The downside? There are things that haven’t been figured out completely or streamlined yet. False infringement claims right now can be potentially abused by unscrupulous sellers and Amazon is very much into minimizing any potential liability, so they err on the side of caution.
The beautiful thing about this is if you are the least bit prepared, you can easily handle these fraudulent claims.
One example: for next to nothing you can have your lawyer draw up a standard form that you send out if this ever happens to you that outlines (as lawyers are so good at doing) the penalty for false infringements. If you’ve ever seen one of these letters, it’s intimidating. Think of it this way: homes that have dogs are almost never broken into by burglars because the burglar would much rather skip the home and just find one without a dog.
The same principle applies with your competition: they will mess with others who are not as prepared. This is just one of the many pragmatic ways we teach our sellers on how to solidify your Amazon presence to not only have the best marketing but the strongest staying power.”
– Jason Fladlien, founder of Operation Physical Products
“I’ve had 2 people claim I was selling infringement items during my time as an Amazon seller. However they quickly withdrew their claim when I sent them my authorized letter from the factory.
“Keep your head up, there are some things you can do to minimize your risk and shorten your time in the penalty box:
- Sell the inventory through other channels.
- Wholesale the inventory to another seller.
- Sell through traditional retailers.
- Bundle your inventory as a bonus with another product.
- Export the inventory.
- Enroll in flash sales or deal sites.”
– Brad Degraw, Amazon private label expert and founder of AmazonSherpa.com
- Get brand registered.
- Have your products patented. Mention the patent / patent # in your listing (IF you first verify that is within Amazon Terms of Service)
- Get trademark or copyright protection.
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Exclusive: Amazon Experts Weigh in on Seller Suspensions was first posted on February 6, 2017 at 5:11 pm.