Got a counterfeit strike on items from "owner" with NO test buy
I have two of the same item (one new and sealed and one that is used, we opened and played one of them, leaving the other brand new ) that got counterfeit strikes by the "owner" Game Development Group..
Neither are counterfeit, it is just a product owner that dislikes Amazon seller competition, that is clearly stated on their website I found while researching this issue..
I was approved by Amazon to sell the item so both were sent FBA.
I am not the only seller on the listing.
Both items were thrifted so I do not have any kind of invoice or documentation...
I can Appeal the decision but again have no documentation or just take the hit delete the listings and have them sent back to me?
Advice ? (New seller about 2 months with 30 sales)
Got a counterfeit strike on items from "owner" with NO test buy
I have two of the same item (one new and sealed and one that is used, we opened and played one of them, leaving the other brand new ) that got counterfeit strikes by the "owner" Game Development Group..
Neither are counterfeit, it is just a product owner that dislikes Amazon seller competition, that is clearly stated on their website I found while researching this issue..
I was approved by Amazon to sell the item so both were sent FBA.
I am not the only seller on the listing.
Both items were thrifted so I do not have any kind of invoice or documentation...
I can Appeal the decision but again have no documentation or just take the hit delete the listings and have them sent back to me?
Advice ? (New seller about 2 months with 30 sales)
Seller_4zBzdtgCyS9EI
No, that is EXACTLY wrong it's not about ownership, but condition (new vs/used like new)......here some more info:
This comes up too often, so I packed it all in one …..
I have seen a STEEP increase in sellers suspended for retail arbitrage/overstock pallets/store returns…. Some or all of this information applies to you. Your account may not be suspended yet. Maybe your funds are just on hold and you wonder when you will get paid.
Lot's of confused people here when it comes to Amazon's invoice/LOA requirements! (If a LOA was requested it MUST be provided and state permission to sell the brand ON AMAZON)
This usually confuses people that didn’t read Amazon’s policies (often also law) on sourcing, invoice requirements and Intellectual property.
Do you need a LOA (Brand's letter of authorization for you to sell their brand on Amazon) to list a product?
No, according to Amazon "in writing", you just need a distributor invoice showing you purchased 10 items of the same product to get approved to sell most brands
Can I get approved to sell items I purchased retail? Yes, sure, Whatever gets you to pay fees.
-----------------------------------------------------------------
So why would I suddenly need a LOA and my invoices are not accepted?
Because as soon as there is a complaint, from a buyer or competitor, claiming your item is not authentic,
Amazon will now request and demand... brand approved distributor invoices for everything you sold in the last year! And frequently along with that, they now want to see your LOA.
Amazon "assumes" you are authorized to sell the product, but they don't ask. They actually don't mind you to sell however you can and pay your fees, but will throw you under the next passing bus, at the first sign of trouble. While that sounds pretty mean, it really only catches up to sellers that didn’t waste the time to read laws and policies, before starting to run a business. The information has always been there. You agreed when you signed up that you understood all the policies. You just didn’t actually read them, who does…
That means without LOA and proper distributor invoice, your account will remain suspended for selling "counterfeits", for all affected products, any sales proceeds in your account will be confiscated and any products you have at FBA and cannot produce these documents for, will be destroyed as counterfeit.
-----------------------------------------------------------------------------
How is buying from Cosco/Walmart/Alibaba/Overstock pallets……. an issue?
To proof authenticity, one has to look at the supply chain.
From Brand to authorized distributor, from distributor to retailer from retailer to end consumer.
That supply chain ended, when you purchased it at retail. The manufacturer lost all control over the product at THAT POINT, the sale to you, the END CONSUMER. Since nobody can control if the product you are reselling is the actual product you got a receipt for, the supply chain (and authenticity) cannot be validated.
That also means all warranties and product backing also ends with you, holder of the receipt (not an invoice!!), and your product cannot be resold as new, as it now lacks that FULL warranty time (at least) and manufacturer backing. A new products MUST include all warranties
So what can I do now?
Honestly? Likely nothing, unless you have the required paperwork. You can try to go to Amazon’s seller university and watch the videos and then write an appeal apologizing and telling them what you did wrong, how and what you have learned now and that you will never list items again you are not authorized to sell.
Problem is, they will want to know how and where you will source your products in the future and unless you have a legit business, you wont get a wholesale account and brand approval easily. But you will need a distributor and a LOA to go with your appeal.
--------------------------------------------------------------------------------------------
So what do they need in my invoice to proof my items are authentic?”
INVOICES
Copies of invoices, receipts or other similar documents that demonstrate where your products are produced or manufactured
You invoice should include
• detailed list of products (at least 10 per item, Product name, model number or UPC that can be verified online)) ,
• terms of sale (net30/net60/cash..)
• must be by the brand itself or a brand authorized distributor (not a retail store for the general public, not some back door pallet seller wanna be distributor )***
• your full business name and address, as entered in seller central
• a COMPLETED transaction ( order shipped),
• suppliers full name and contact details, (e-mail, phone or both)
• Should reflect the sales volume of your product across all Amazon marketplaces in the last 365 days
• Should demonstrate your product’s full supply chain
**Should include contact information for the supplier(s) and the original manufacturer. We may contact suppliers or manufacturers to verify the documents
Your documents should be able to trace your products to the original manufacturer even if you did not purchase them directly from the original manufacturer. This may require requesting additional invoices or supply chain documentation from your supplier if you are not sourcing directly from the manufacturer.
Any brand approved distributor will provide supply chain documents! They are not asking for invoices showing the distributor purchased from the brand, they are asking for proof that the distributor is a brand authorized distributor. A contract between the brand and that distributor. That contract may also include information about limitations, such as certain products may only be sold to retailers with a B&M, or some products may not be offered at online marketplaces. Supply chain documentation may include material disclosures, substance declarations, compliance certificates, and especially certificates of origin
0 replies
Seller_4zBzdtgCyS9EI
I assume as these were not brand new, you listed them BOTH as used right?????":??
Seller_4zBzdtgCyS9EI
............................................................. they have NO store receipt from the date of purchase, how do they get warranty???? The manufacturer will NOT extend warranty for a product they don't know where it came from. Keep up with Amazon policies....and laws. If I was wrong, you wouldn't have the issue you are having now!
Dawn_Amazon
Hello @Seller_NEIwwJFY912W8,
This is Dawn from Amazon, thank you for using Seller Forums.
Understand that your account is encountering counterfeit issue.
We consider allegations of counterfeit a serious matter. Sellers on Amazon.com are not allowed to create listings or detail pages for counterfeit goods.
If you are authorized to sell this product, please submit Letter of authorization, invoices, and other supporting documents, etc...
Here are some required information that you should ensure are displayed in your letter of authorization:
--Rights owner’s brand or manufacturer MUST appear on the letter of authorization or licensing agreement.
--The letter of authorization or licensing agreement come from the original reporter or the brand if the reporter was an agent.
Have you contacted the rights owner who complained about your listing?
We suggest that you contact the rights owner who submitted the notice and ask them to submit a retraction, if you can prove that you are authorized to sell products of that brand.
If you don't have the required documents, how do you prove that your product is authentic? How to prove that you are authorized to sell products of the brand?
To learn more about Amazon's intellectual property policy and listing approval requirements, please find the following help page for your reference:
* Categories and products requiring approval ( https://sellercentral.amazon.com/gp/help/G200333160)
* Policies and Agreements ( https://sellercentral.amazon.com/gp/help/521)
* Intellectual Property Policy for Sellers ( https://sellercentral.amazon.com/help/hub/reference/201361070)
* Amazon Anti-Counterfeiting Policy ( https://sellercentral.amazon.com/help/hub/reference/G201165970)
Thank you @Seller_4zBzdtgCyS9EI for sharing your insights as well.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Regards,
Dawn
Seller_4zBzdtgCyS9EI
No, that is EXACTLY wrong it's not about ownership, but condition (new vs/used like new)......here some more info:
This comes up too often, so I packed it all in one …..
I have seen a STEEP increase in sellers suspended for retail arbitrage/overstock pallets/store returns…. Some or all of this information applies to you. Your account may not be suspended yet. Maybe your funds are just on hold and you wonder when you will get paid.
Lot's of confused people here when it comes to Amazon's invoice/LOA requirements! (If a LOA was requested it MUST be provided and state permission to sell the brand ON AMAZON)
This usually confuses people that didn’t read Amazon’s policies (often also law) on sourcing, invoice requirements and Intellectual property.
Do you need a LOA (Brand's letter of authorization for you to sell their brand on Amazon) to list a product?
No, according to Amazon "in writing", you just need a distributor invoice showing you purchased 10 items of the same product to get approved to sell most brands
Can I get approved to sell items I purchased retail? Yes, sure, Whatever gets you to pay fees.
-----------------------------------------------------------------
So why would I suddenly need a LOA and my invoices are not accepted?
Because as soon as there is a complaint, from a buyer or competitor, claiming your item is not authentic,
Amazon will now request and demand... brand approved distributor invoices for everything you sold in the last year! And frequently along with that, they now want to see your LOA.
Amazon "assumes" you are authorized to sell the product, but they don't ask. They actually don't mind you to sell however you can and pay your fees, but will throw you under the next passing bus, at the first sign of trouble. While that sounds pretty mean, it really only catches up to sellers that didn’t waste the time to read laws and policies, before starting to run a business. The information has always been there. You agreed when you signed up that you understood all the policies. You just didn’t actually read them, who does…
That means without LOA and proper distributor invoice, your account will remain suspended for selling "counterfeits", for all affected products, any sales proceeds in your account will be confiscated and any products you have at FBA and cannot produce these documents for, will be destroyed as counterfeit.
-----------------------------------------------------------------------------
How is buying from Cosco/Walmart/Alibaba/Overstock pallets……. an issue?
To proof authenticity, one has to look at the supply chain.
From Brand to authorized distributor, from distributor to retailer from retailer to end consumer.
That supply chain ended, when you purchased it at retail. The manufacturer lost all control over the product at THAT POINT, the sale to you, the END CONSUMER. Since nobody can control if the product you are reselling is the actual product you got a receipt for, the supply chain (and authenticity) cannot be validated.
That also means all warranties and product backing also ends with you, holder of the receipt (not an invoice!!), and your product cannot be resold as new, as it now lacks that FULL warranty time (at least) and manufacturer backing. A new products MUST include all warranties
So what can I do now?
Honestly? Likely nothing, unless you have the required paperwork. You can try to go to Amazon’s seller university and watch the videos and then write an appeal apologizing and telling them what you did wrong, how and what you have learned now and that you will never list items again you are not authorized to sell.
Problem is, they will want to know how and where you will source your products in the future and unless you have a legit business, you wont get a wholesale account and brand approval easily. But you will need a distributor and a LOA to go with your appeal.
--------------------------------------------------------------------------------------------
So what do they need in my invoice to proof my items are authentic?”
INVOICES
Copies of invoices, receipts or other similar documents that demonstrate where your products are produced or manufactured
You invoice should include
• detailed list of products (at least 10 per item, Product name, model number or UPC that can be verified online)) ,
• terms of sale (net30/net60/cash..)
• must be by the brand itself or a brand authorized distributor (not a retail store for the general public, not some back door pallet seller wanna be distributor )***
• your full business name and address, as entered in seller central
• a COMPLETED transaction ( order shipped),
• suppliers full name and contact details, (e-mail, phone or both)
• Should reflect the sales volume of your product across all Amazon marketplaces in the last 365 days
• Should demonstrate your product’s full supply chain
**Should include contact information for the supplier(s) and the original manufacturer. We may contact suppliers or manufacturers to verify the documents
Your documents should be able to trace your products to the original manufacturer even if you did not purchase them directly from the original manufacturer. This may require requesting additional invoices or supply chain documentation from your supplier if you are not sourcing directly from the manufacturer.
Any brand approved distributor will provide supply chain documents! They are not asking for invoices showing the distributor purchased from the brand, they are asking for proof that the distributor is a brand authorized distributor. A contract between the brand and that distributor. That contract may also include information about limitations, such as certain products may only be sold to retailers with a B&M, or some products may not be offered at online marketplaces. Supply chain documentation may include material disclosures, substance declarations, compliance certificates, and especially certificates of origin
Cade_Amazon
Hello @Seller_NEIwwJFY912W8,
Thank you for utilizing the seller forums. I hope all is well.
As you have mentioned in your post, I understand that you have received a IP violation on your account.
Per our intellectual property policy for sellers policy, all sellers must comply with federal, state and local laws and amazon policies and may not violate the IP rights of the brands or the rights owner.
I understand that you were approved by amazon to sell the product. But do you have approval from the brand/rights owner to sell their product? It is very important to have a letter of authorization or a licensing agreement from the brand/rights owner when selling on amazon. Those documentation shows proof that you have permission to sell their products. The letter of authorization or a licensing agreement must contain these five key terms:
- 'Licensor'–The company/brand providing the rights to intellectual property
- 'Licensee'–The company/brand receiving the rights to use the intellectual property.
- ‘Grant’–The intellectual property being licensed and the scope of rights granted
- ‘Geographic Scope’–The specific territory or territories where use is authorized (may be worldwide)
- ‘Term’–The duration of the authorization (may be perpetual)
How do you vet your supplier? How do you know your supplier is providing authentic items? One way to vet your supplier is to make sure that your supplier has a letter of authorization or a licensing agreement to sell the products as well. Invoices are going to demonstrate where your products are produced or manufactured. The invoice requirements are:
- Must be issued in the last 365 days
- Must match the sales volume in the last 365 days
- Must have your supplier’s information such as their name, address, phone number and email address
- Must have the seller’s information that matches the information in seller central when you registered to sell
- Upload the documents in pdf, png, gif, or jpg
As a new seller on amazon, I would strongly suggest to go through seller university. Seller university has many information and learning tools on how to sell on amazon.
@Seller_4zBzdtgCyS9EI has mentioned good points in their responses as well.
The forums community and I are here to assist you. Please let us know if you have any additional questions or concerns from this point forward.
Best,
Cade