Merchants Alarmed at Rise in Amazon Counterfeit Items
As a law firm focused on Amazon sellers, we deal with Amazon counterfeit product issues every day. Whether it’s another seller infringing upon your trademark – or on the other hand, an unwarranted counterfeit product complaint against you – the Amazon marketplace has become a breeding ground for counterfeit products.
Sellers who design their own custom products, specifically iPhone and tablet accessories, t-shirts, home décor and other unique items, are becoming more alarmed every day as they see more copies of their original products getting listed on Amazon for half the price.
Artists who sell on the website Zazzle have been particularly distressed recently, with many seeing a spike in Amazon counterfeit listings that mimic their products. One Zazzle seller clocked a total of 88 counterfeiters on Amazon trying to sell her original designs.
Fighting Amazon Counterfeit Products
Of course, artists who find counterfeit items on Amazon can file complaints and have the listings in question removed. But the process of filing a complaint and actually getting in touch with someone regarding an Amazon counterfeit issue holds artists back from valuable hours that could be spent creating new designs or finding new ways to sell existing ones.
What’s more, last year, Amazon had a major victory in court in the noteworthy copyright infringement case involving Milo and Gabby, a company that filed suit against Amazon for copyright infringement. Unfortunately for e-commerce entrepreneurs, the court decided that Amazon is not responsible for the actions of third-party sellers. That means when Amazon counterfeit copies of your product are found, merchants, need to file a complaint against the seller through Amazon, which then notifies the seller. Merchants also must offer exact details and evidence that the product being sold is, in fact, their own design. This usually takes a few days.
So, what’s the bottom line? Merchants who sell on platforms other than Amazon need to get creative in finding a solution to Amazon counterfeit products that may be half the price, yet devalue their brand.