AMAZON SELLERS FIGHTING BACK

Recovering Damages from Brands for Filing False Counterfeit Complaints

Major brands continue to abuse Amazon’s intellectual property system. Brands’ counterfeit complaints against Amazon sellers are often baseless because Amazon sellers are selling genuine products. They are simply NOT selling counterfeit goods. Our experience dictates that brands assert false counterfeit complaints against Amazon sellers to impose higher prices on consumers.

False counterfeit complaints asserted against Amazon sellers often result in the suspension of the seller’s account or important Amazon listings, and the loss of thousands, or hundreds of thousands, of dollars in sales. Amazon sellers have recourse under at least two legal claims.

Defamation and Defamation Per Se

The first legal claim that suspended Amazon sellers may have against a brand that made a false counterfeit complaint is defamation. Again, the laws surrounding defamation vary from state to state but using New York as an example, defamation is a false statement, published to a third party without privilege or authorization, with fault amounting to at least negligence, that caused special harm or defamation per se. [1]

Defamation Per Se is where the false accusation is that you engaged in a crime, like knowingly selling counterfeit goods.

The basic factors pertaining to suspended Amazon sellers who received false complaints that they were selling counterfeit products is:

  • False Statement: The false counterfeit complaint sent to Amazon is the false statement described in the law;
  • Publication: When the brand sent the false statement to Amazon via email, letter or Amazon’s submission form, that qualifies as a “publication” of the false accusation of counterfeit;
  • Negligent: When the brand fails to check your products and confirm that you were selling genuine products and not counterfeit, that qualifies the negligent element of the case;
  • Harm to the Amazon Seller: The suspension of your account, the loss of sales and even the diminished value of your business qualifies as “harm.”

Tortious Interference with Contract

The second legal claim suspended Amazon sellers have when brands make false complaints that you sold counterfeit goods is tortious interference with contract.

While the law regarding tortious interference varies between states, the idea is the same as New York law. A claim for tortious interference is established when a brand interferes with an Amazon seller’s contract with Amazon with a false complaint that the seller sold counterfeit products.

The legalese for claims of tortious interference with contract is that the claim is established when “a valid contract existed which a third party knew about, the third party intentionally and improperly procured the breach of the contract, and the breach resulted in damage to the plaintiff.” [2]

When we break down the elements of the legal claim for suspended sellers who received false complaints that they sold counterfeit products, it is as follows:

  • A Valid Contract: This is your contract to sell on Amazon;
  • Third Party knew about the Contract: The brand knew you were selling on Amazon;
  • Third Party Intentionally Procured a Breach of the Contract: The Brand intentionally issued a complaint against your Amazon account and because of the brand’s counterfeit complaint, Amazon suspended your account or listing;
  • Damages: You lost sales and/or the value of your Amazon based business was diminished because of the false counterfeit complaint asserted against you.

When brands assert false counterfeit complaints against Amazon sellers, suspended sellers may be entitled to recover their damages against the brands that asserted the false counterfeit complaints.


By Travis J. Stockman, Esq.

[1] Dillon v City of New York, 261 AD2d 34, 38, 704 NYS2d 1 (1999).

[2] Ullmannglass v. Oneida, Ltd.Eyeglasses, 927 N.Y.S.2d 702, 705 (2011) (quoting Clearmont Prop., LLC v. Eisner, 872 N.Y.S.2d 725 (2009) (internal quotations omitted)).

Suing the NFL for Baseless Complaints

Have you been falsely accused of selling counterfeit products?

You may be entitled to significant damages.

If you are selling on Amazon and have been falsely accused of selling counterfeit products, WE want to talk to YOU.

1-877-9-SELLER

GET HELP NOW: The law firm of Rosenbaum Famularo, PC is required by law to assure you 100% confidentiality. We protect your privacy under the Attorney-Client Privilege.

We have lots of content about false counterfeit complaints made against sellers. See more below:

Has an Amazon suspension destroyed your business? The solution is here. We have hundreds of happy client reviews and many reinstatement successes.

Increase in Cease & Desist Letters for Amazon Sellers
Temporary Restraining Order (TRO) How to Resolve & Get Reinstated on Amazon
baseless counterfeit complaint
Supreme Brand Filing Lawsuits on Amazon Sellers for Selling Counterfeit Products
What to do if you receive a price warning from Amazon
Temporary Restraining Order (TRO) How to Resolve & Get Reinstated on Amazon
How to get IP complaints off an Amazon seller account
account reinstatement success
Counterfeit Complaints when Listing Generic Products on Branded Listings on Amazon
Amazon PRICE GOUGING Horror! We write the best Plans of Action for Amazon sellers
Clorox Attacking Sellers To Protect Sales
General Tools & Luxottica suing Amazon sellers left & right.
Baseless Third-Party Complaints on AMAZON
Temporary Restraining Order (TRO) How to Resolve & Get Reinstated on Amazon
AMZ Insider Info 2/27/20 International Expansion on Amazon, VORYS Baseless Claims & IP Issues Luxury Brand Takedown
sourcing books on eBay
AMZ Insider Info 2/26/20 Inauthentic Suspensions Due to Handwritten Invoices, Related Accounts & Copyright Complaints
Receipts & Invoices When Sourcing Products
AMZ Insider Info 2/24/20: Used Sold as New, May Be Inauthentics Against New Sellers & Accused of Selling COUNTERFEIT PRODUCTS
Book Sellers on AMZ How to Handle Correspondence from O+Z Law Firm
AMZ Insider Info 2/21/20 Amazon Brand Protection Done Right, ABH PHARMA Update, Intellectual Property Rights