It can be frustrating to one day find that your listing has hijackers and copycats infringing on your copyrighted and trademarked materials.
Fret not, as it is part and parcel of running a SUCCESSFUL Amazon business! Think about it, why would someone want to copy you unless you are doing well?
While imitation is the highest form of flattery, it does not sit well with your wallet.
Following these steps can prove effective at removing any hijackers from your listing.
Table of Contents
Getting Trademark
If you haven’t already, getting a trademark for your brand is so worth it. Besides, registering a trademark with a competent lawyer is really cheap nowadays.
If you are still searching for a cheap and good trademark lawyer, look no further! TradeMark Angel is my go to lawyer for professional trademarking services for US, Canada, UK and more. Click here to find out more about them!
They have also generously provided a 10% discount to all SpriceWorld readers!
Hijackers or Just Re-sellers?
A hijacker sells off of your own branded listing. They are feeding off of your work.
Often the product they are selling is not the same as yours. If you did not carefully brand and differentiate your product, they might be considered just another reseller by Amazon.
A reseller buts and resells a well known but ungated brand. The listing is already in Amazon’s catalogue. The brand owner can require a fee or even gate the brand so that no one else can sell it.
Many brands still don’t, and this is where arbitrageurs make a ton of money.
Reselling a branded product is legal, but with limitations.
United Stats Department of Justice
First Sale Doctrine
According to the United States Department of Justice, an individual who knowingly purchase a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy….
You may purchase a work that someone else branded or trademarked or copyrighted, and you may resell that item. This is just arbitrage.
It carries on to say…
The right to distribute ends, however, once the owner has sold that particular copy… Since the first sale doctrine never protects a defendant who makes unauthorized reproductions of a copyrighted work, the first sale doctrine cannot be a successful defense in case that allege infringing reproduction
In human terms, the First Sale Doctrine does not give anyone the right to produce and distribute the same branded product without the expressed permission of the original creator.
A hijacker can be spotted with a large quantity of your listed item while a reseller usually have less than 10 which they got from your giveaway, promotion or coupon mishap.
Do your Product have a Non-Tangible Asset?
What are non-tangible assets? They are things like…
- Product Warranty
- E-book Guide
- Video Guide
- Social Media Competitions
- Discount Coupons (If you give this, do not ask for a review!)
Non-tangible assets are things that are sold together with the product and serves to provide the customer with a full satisfactory experience with your brand.
Having a non-tangible asset can be very helpful to remove any hijackers as it cannot EVER be replicated by them!
Amazon treats customer satisfaction as their top priority, they can’t stand by and watch those hijacker damage it!
With those intangible assets sold with your product, you have a stronger case with Amazon to remove the hijackers just to protect customer satisfaction that comes with buying your product.
If you do have any one of those, then simply contact Amazon directly with your non-tangible asset case and send the cease and desist letter to the hijacker as outlined in the steps below.
Attempting to Remove Hijackers
- Go to your listing and click on the button that shows you all buying options.
- Click on the name of the hijacker
- Click on ask a question
Click on “An Order I Placed”
Then scroll down to “Tell us more about your issue”
Click on “Received Wrong Item”, one of the more severe kind of contact reason to the hijacker.
This way of contacting seller can be used to send cease and desist letters for
- Copyright infringement,
- Trademark infringement
- Patent infringement.
Sending Cease and Desist Letters
Sending E-mail #1 (Nice)
Hello, I am [YOUR NAME], the Director of [COMPANY NAME] and intellectual property owner of the brand [BRAND NAME]. I see that you have list a [BRAND NAME] product for sale. [INSERT LINK TO PRODUCT]
Can you show me the receipt for your purchase of this item?
We do not sell [BRAND NAME] products to any resellers and we think that you may be selling counterfeit items. Please reply with a receipt that proves that you purchased [BRAND NAME] products from [COMPANY NAME], the intellectual property owner.
OR remove your listing for this product.
I will be contacting Amazon fraud team about this issue if I do not receive a response from you within 24 hours.
Sincerely,
[NAME]
Director, [COMPANY NAME]Or you are feeling angry and feel that all out war should be the way… [Been there]
Sending E-mail #1 (Aggresive)
[OFFEDNER's NAME] Representative,
It has come to our attention that your company is using [BRAND NAME]'s and/or [COMPANY NAME]'s name and trademarks to sell products on the Amazon.[com, .de, .co.uk, etc] marketplace, in violation of multiple international and national criminal laws, as well as civil laws regarding trademark infringement and unfair competition.
Our company, [COMPANY NAME] is the exclusive distributor and the owners of the brand. We have never granted permission to your company to sell our brand, nor have we sold you inventory for resale.
This will serve as your Legal Notice to Cease and Desist all further actions described above, including any mention of our Products and Company on listings on any Marketplace, websites or marketing efforts.
You are hereby instructed to comply with this letter immediately or face legal sanctions under applicable International, Federal and State law.
I will also report your trademark and copyright violation to Amazon Seller Performance if I do not receive a compliance from you within 24 hours.
Sincerely,
[NAME]
Director, [COMPANY NAME]Makes you sleep better doesn’t it?
Send Email #2 after Non-Response or Non-Action
Hello,
As you have ignored my earlier request, I have contacted my Amazon rep about this issue and he is currently investigating it. If you have purchased this product from [COMPANY NAME], then it is a second-hand item and should not be listed as new.
If it was purchased from any other source other than [COMPANY NAME], it is not authentic and your are infringing on our intellectual property by selling counterfeits.
Please note that any further correspondence between us will be recorded and may be used to back up my claims.
Sincerely,
[NAME]
Director, [COMPANY NAME]Hijacker/Copycat is still there!
If the second email still doesn’t gain a response or corrective action, then follow these steps
- Purchase the product they have listed
- Examine what you receive. If it is your product, you must contact Amazon explaining that it is not new as they have advertised. Technically this is then second hand and should be sold as used
- If the item is not your item, then take pictures of the item and contact Amazon customer service explaining that they’re selling inauthentic products. Back this claim up with pictures and any supporting documentation
- Await a response from Amazon
- Keep your strategies based on Amazon’s system and always position things toward offering a great customer experience
Conclusion
Remember warriors, having someone hijack or copy your listing is just a process that you have to go through.
Do not let this define your day and definitely, do not let this make you quit.
Every cloud has a silver lining and it just means you are on the right path to success on Amazon.