Recently an Amazon seller came to us with a suspended account for counterfeit sales. Sometimes, no matter how prepared you are, you could face a counterfeit or inauthentic item complaint, either due to a customer’s mistake or because a competitor wants to slow you down. Either way, you will need to put together a plan of action as part of your Amazon suspension appeal.
AMAZON LAWYER SUCCESS: Seller Reinstatement after Baseless Counterfeit Complaint
The complainant had alleged that our client had sold counterfeit products. Counterfeit complaints are a type of trademark complaint. Most trademark complaints are baseless; most sellers do not sell counterfeit goods.
Our client had sent multiple appeals to Amazon and every plan had gotten rejected. We needed to find a different angle.
We investigated the matter and found that 3 of the 5 ASINs, which had received the same complaint, were never even sold.
By pointing out to Amazon that no sales were made, we were able to indicate that this complainant had filed a counterfeit sales allegation where no sale was made.
It was clear that they had not performed a test buy, which is recommended by Amazon. Without the test buy, sellers cannot properly evaluate if the product in question is in fact counterfeit.
It was clear that there was no basis for the complaints filed. As a result of our first appeal on our client’s behalf, Amazon reinstated the suspended ASINs and our client was once again back to selling.
At Rosenbaum Famularo, PC, our process involves speaking with sellers, reviewing sellers’ accounts and reaching out to complainants as your attorneys. Every case is conferenced; our sellers get the benefit of a collaborative team approach.
If your accounts get suspended for counterfeit sales, contact an Amazon lawyer to help you put together a plan of action.