Other amazon sellers with issues about my copying their listings

[Firetrain]

I get emails from other sellers all the time 'letting me know' that I am selling their 'branded item' without their permission and that I need to stop or they will report me.

Here's a (relevant, but made up) example. Seller 'BobCo' takes a seashell and punches a heart shape out of it. He puts a jump ring on the shell and calls it a 'Seashell Necklace Pendant.' In the listing it says 'by BobCo'

I have the ability to make an identical pendant so I cick the 'Sell Yours' button and match his price. The item doesn't have any brand markings on it.

He then sends me a sternly worded email stating that I am selling his branded item without permission, and if I don't take it down he'll be reporting me to Amazon and getting me suspended.

Does he have a leg to stand on? Is there a chance I could get in trouble over it? What should I do?

[MICKY H]

I doubt his item is patented to him. He is pissed with you for piggy backing his listing. Just reply asking for his patent number etc. But at the end of the day, what your doing is not very
pleasant.

[jeffweico]

He may have a PARTIAL leg to stand on. He created a listing with his own UPC code and pictures. Technically, you are using his pictures and UPC code to undercut him on his own listing. Where he has you is the picture - he can claim he has no idea what yours looks like and that using his picture is misleading.

Can you buy a UPC code (cheap) and just create your own listing using your own picture and wording? If you do that, then he cannot claim it is copyright or trademark infringement UNLESS he really DOES have a copyright or trademark on the item, which would be highly unlikely for a homemade item.

Many people buy generic HDMI (or whatever type) of cables from China, add their own UPC code and brand name to their listing. If you try to piggyback off their listing, they pretty much have you since they own the UPC code and can claim that your item may be SIMILAR, but not the same.

So, my suggestion would be to create your own listings. You will have far fewer problems that way. Think about how you would feel if the situation were reversed - you took the time to write a listing, attach a UPC code to the product, take pictures of it, etc. and sell the product for $10. Then someone comes along to try to get your sales by offering a SIMILAR (but not the same) item at $8 on the listing that you put all of the work into. You'd be pissed too.

[zaidy88]

When an image, UPC code, product etc is uploaded to Amazon, it instantly becomes Amazon's property.
You can have hundreds of sellers selling the same product, piggy backing off someone else's listing, because they do not own the listing. Amazon does.

But, do you really want to risk being reported for violations of Amazon's policies?

Competitors will do anything to get rid of their competition

Originally Posted by jeffweico

He may have a PARTIAL leg to stand on. He created a listing with his own UPC code and pictures. Technically, you are using his pictures and UPC code to undercut him on his own listing. Where he has you is the picture - he can claim he has no idea what yours looks like and that using his picture is misleading.

[yankee]

It is stupid fight on both sides IMO and experience.

Use the UPC, etc... and edit your title and description mildly and it sounds like you already have.

I have extensive experience on both sides of this. The other seller may report it to Amazon and Amazon may even take action and you represent back and list the item. It is stupidity. In the end Amazon will require the other seller to supply Trademark or Patent numbers and when neither show up, they take action to the one who complains. The represent and are back online in a day. All silliness.

Is this is the sporting goods nitch?

[deepray5]

Originally Posted by Firetrain

I get emails from other sellers all the time 'letting me know' that I am selling their 'branded item' without their permission and that I need to stop or they will report me.

Here's a (relevant, but made up) example. Seller 'BobCo' takes a seashell and punches a heart shape out of it. He puts a jump ring on the shell and calls it a 'Seashell Necklace Pendant.' In the listing it says 'by BobCo'

I have the ability to make an identical pendant so I cick the 'Sell Yours' button and match his price. The item doesn't have any brand markings on it.

He then sends me a sternly worded email stating that I am selling his branded item without permission, and if I don't take it down he'll be reporting me to Amazon and getting me suspended.

Does he have a leg to stand on? Is there a chance I could get in trouble over it? What should I do?

You can't patent something like a necklace. It's not possible. This is coming from an someone who has done quite a bit of work with the USPTO. He could trademark the name of the necklace but that is extremely unlikely and there is no way he would enforce it. You have nothing to worry about from an IP perspective. Amazon on the other hand is a different story.

[jeffweico]

Originally Posted by deepray5

You can't patent something like a necklace. It's not possible. This is coming from an someone who has done quite a bit of work with the USPTO. He could trademark the name of the necklace but that is extremely unlikely and there is no way he would enforce it. You have nothing to worry about from an IP perspective. Amazon on the other hand is a different story.

Well, although you ARE correct, a necklace actually COULD be patented if it contained an innovation that was considered unique enough. But the patent would be limited to the unique feature. An example of this would be the Twist-O-Flex watch bands by Speidel.

If a design (of almost any type) is unique enough, it could be copyrighted. And almost ANY name can be trademarked.

Coach purses has a trademark on the coach name (as it pertains to apparel and accessories) and logo and a copyright on all of their designs. When they sue counterfeiters they generally sue for both copyright AND trademark infringement.

But in the case of the guy on Amazon, he is just a shlub looking to sell something and keep competitors from copying him. I don't know what action Amazon would take, if any, but in stealth it is always best to avoid bringing scrutiny to your account.

The shlub is being an idiot also - Amazon could decide to cancel his seller account as well. Amazon tends not to like sellers who cause headaches for them. You have to remember that eBay, PayPal, Amazon and most other venues are highly automated and the automation is what makes them so profitable. As soon as they have to get human beings involved, that profitability declines or can even become a loss. So, if the shlub is constantly feuding with other sellers, Amazon could just decide that enough is enough.

[n8zzz]

Originally Posted by deepray5

You can't patent something like a necklace. It's not possible. This is coming from an someone who has done quite a bit of work with the USPTO. He could trademark the name of the necklace but that is extremely unlikely and there is no way he would enforce it. You have nothing to worry about from an IP perspective. Amazon on the other hand is a different story.

Right, most likely they're not going to have that much of a solid case in a court. But they WILL be more than happy to serve you. This usually works out decently since the seller will tend to be in a different state, making responding very difficult.

Despite that, it's more about playing the Amazon game correctly. Just because you're playing within the bounds of the law does not mean that Amazon won't can your account. I tried to play with fire exactly like this once, I did get burned

[stealthybutnotwealthy]

I have had this situation on Amazon. I backed down and made my own listing even though I knew there was no legitimacy to the complaint.

Like others have said ... it is not really worth giving Amazon a reason to look at you.