Competitor selling my branded product

[Post Modern Sleaze]

Hey all,

I have two very successful listings on amazon which I have branded and protected successfully for quite some time. There is now a competitor listing his product on our product page which we can't seem to remove by using these same methods because we don't get any replies from amazon by issuing the notices and the seller just sits there selling lots by undercutting us. We've tried the usual, but amazon and the competitor seem to ignore our complaints.

What else can we do? Any advice/tips?

[rsot]

You have to keep e-mailing Amazon and calling them up. Is the product your own? Like trademarked and registered to you? If not, competitor has the right to sell - you could consider undercutting him.

What is the category you are dealing with?

[GreenBean]

Originally Posted by Post Modern Sleaze

Hey all,

I have two very successful listings on amazon which I have branded and protected successfully for quite some time.

We've tried the usual, but amazon and the competitor seem to ignore our complaints.

What else can we do? Any advice/tips?

A correctly worded letter from your attorney should help if you have the absolute rights and know you can win.

Do not pussy foot to anyone.

[kockedoff]

Letter to seller? What if he is doing FBA.. Is that case op can't get his email address or his address ...

[gdsco]

Hi,

Is it your brand, or a generic product with another item attached which is your brand.

[rsot]

Seems like OP has it branded - yes legal movement needed

[GreenBean]

Originally Posted by kockedoff

Letter to seller? What if he is doing FBA.. Is that case op can't get his email address or his address ...

We need more info from the OP.

This is not an issue to back down on IF he has his back covered at law.

[AmazonStealth]

I feel like the OPs products are not legally his, and legally branded/trademarked/patented. Because if they were he would clearly know what to do, as the whole point of doing all that is to protect you.

[Kelly441]

I see many sellers that take a non-branded items like a USB cable and have the manufacturer print their company name on it. I think it's brilliant but I wonder if that means you still have the trademark to it? You could contact a manufacturer and ask them to print this same name on it. It would be a legit product being sold under that listing,

[kockedoff]

Not If op has a trademark to that name and each product comes with it's own UPC, copying UPC makes it a f@ke

[GreenBean]

Originally Posted by Kelly441

I see many sellers that take a non-branded items like a USB cable and have the manufacturer print their company name on it. I think it's brilliant but I wonder if that means you still have the trademark to it? You could contact a manufacturer and ask them to print this same name on it. It would be a legit product being sold under that listing,

Trademark claims mean there is legal paperwork involved.

Otherwise that is fraud.

[Kelly441]

So if I pay a Chinese manufacture to slap my company name on a non-branded item, buy my own UPC code and create my own listing, if I do not file paperwork for a Trademark then I have no legal right to have other sellers removed form my listing?

How does someone know if a seller has a trademark? Do they have to use the little tm symbol?

[slim jim]

I have never dealt with it but I'm not so sure its that easy to trademark something

[Kelly441]

So then as another seller, I should not fear copying an item like that and selling it on their listing? If they threatened I would just ask for proof of trademark?

[GreenBean]

Sensibly, you would do your own homework to make sure any claims or counter claims you are going to do against a seller are viable.

You are speaking far too generally on this topic. It's too broad.

Have you done any reading on VeRo, Intellectual Property, trademarks.

All of the above are part of online selling. Mix in those circles and you have to have ALL your facts.
As much as it would be nice to have it simple, it is not.

[Univerzal]

Originally Posted by slim jim

I have never dealt with it but I'm not so sure its that easy to trademark something

You are 100% right, it's quite hard, just look at the war between Apple and samsung

[GreenBean]

Indeed, a complex matter and it is complicated by cross-border trading.

Specific details to obtain full approval are neede.

But we're going off topic.

Still waiting for more from the OP