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Sunday, October 1, 2023

Podcast Episode 182 – Coping with Counterfeit or Mental Property (IP) Claims on Amazon (Half 2)

As we speak we proceed with our two-part collection on coping with counterfeit and mental property (IP) claims on Amazon. Our focus for this week’s episode is what the very best plan of action can be if a model reaches out to you and asks you to cease promoting an merchandise, or what to do in the event you get an precise IP criticism in Vendor Central in your promoting account.

We additionally cowl how you must reply in the event you nonetheless aren’t positive if the model criticism is definitely authentic. If you happen to haven’t listened to half one in every of this two-part collection, you should definitely return and take a pay attention so we’re all on the identical web page as we leap into this episode. We need to allow you to be as ready as doable if such a difficulty ever crosses your path in your Amazon journey!

Like what you hear? Inform a buddy… and you should definitely depart us a score and a overview. Right here’s how.


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Episode 182 Transcript:

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[0:00:01.8] ANNOUNCER: Welcome to The Full-Time FBA Present. In every episode, it’s our aim that can assist you flip part-time hours right into a full-time revenue, promoting virtually something on Amazon. Now, your hosts of the present, Stephen and Rebecca Smotherman.


[0:00:21.9] STEPHEN: Welcome to episode quantity 182 of the Full-Time FBA Present. As we speak, we’re doing half two of a collection of going over coping with counterfeit or mental property claims on Amazon, how one can ensure you’re making some good selections with that and with me to speak about that is my spouse, Rebecca. What’s up Rebecca?

[0:00:38.6] REBECCA: Hey there, I want I may say I used to be enthusiastic about this subject. I discover it actually difficult, it’s not my favourite nevertheless it’s essential and so we’re not going to skip over it and we’re not going to make this podcast about what’s nearly enjoyable about promoting on Amazon however we’re additionally going to cowl the onerous issues too.

[0:00:55.1] STEPHEN: I like that angle. Effectively, let’s get to it in at the moment’s episode of The Full-Time FBA Present.


[0:01:02.8] REBECCA: Once more, we need to remind you that is half two of a two-part collection on this subject. So in the event you haven’t listened to episode quantity 181 but, make certain and go there now to fulltimefba.com/181 or pay attention in your favourite podcast participant simply in case you want a refresher, Stephen goes to share with you a 90-second abstract of final week’s present simply to get us sort of began as an introduction and likewise I’m timing you, Stephen, I’ve acquired my stopwatch over right here. 90 seconds.

[0:01:27.7] STEPHEN: 90 seconds on the clock. All proper, let’s go. So some manufacturers at the moment are submitting claims to Amazon for mental property infringement, copyright infringement, even counterfeit claims on some vendor accounts.

Now, mental property, copyright, and infringements are normally from the model proprietor in regards to the itemizing, not your merchandise however the itemizing is utilizing a picture or bullet level or one thing, of the model identify with out permission. Counterfeit claims are clearly, a criticism that you’re promoting a faux product, it’s from neither the model nor the customer.

Now, there are some dangerous apple sellers on the market attempting to scare off their competitors, performing like model house owners and threatening authorized motion. The nice apple vendor, is {that a} factor? Good apple vendor?

[0:02:07.4] REBECCA: Positive.

[0:02:07.6] STEPHEN: Doesn’t cease promoting this model on Amazon. So we talked about final week the way you may have the ability to inform the distinction between the 2 and sellers had been simply terrified of what to do subsequent and even scared to even proceed promoting on Amazon, not figuring out what to do. So final week we talked about, intimately, how one can finest deal with counterfeit claims and at the moment, we’re going to leap into extra of the IP, copyright infringement claims, and what to do subsequent.

[0:02:28.1] REBECCA: Okay, that was nearer to 70 seconds, so good job.

[0:02:30.6] STEPHEN: Oh wow, that’s actually cool I even had just a few little flubs that we edited out too.

[0:02:35.3] REBECCA: Yeah, fairly good.

[0:02:35.4] STEPHEN: Okay.

[0:02:36.6] REBECCA: All proper, so at the moment we’re going to be discussing the very best plan of action if a model reaches out to you and asks you to cease promoting an merchandise or what to do in the event you get an precise IP criticism in Vendor Central in your promoting account. Plus, we’re going to indicate you how one can reply in the event you’re nonetheless unsure if the model criticism is legitimately from the model or if it’s coming from a competitor who’s attempting to scare you off.

So one of the simplest ways to deal with these claims goes to be very comparable no matter whether or not you watched the sender is a competitor or if it’s a legit model reaching out to you. So while you get the message, it’s good to know precisely how one can reply and these are the steps we suggest that you just observe.

First, open up a ticket with vendor help inside Vendor Central and notify them of the state of affairs and simply ask for clarification. Ask them if this merchandise is in actual fact restricted so that you can promote and we are going to embrace within the present notes of this podcast episode a hyperlink for how one can open up a ticket in the event you’re not acquainted with how to try this.

So the second factor is, while you talk with vendor help, you should definitely copy and paste the message that you just acquired from the “model” since we’re nonetheless unsure whether it is an precise model or not. Ensure you embrace the identify and make contact with information for the one that despatched you the message. If the message does transform from a model, you need to have a paper path exhibiting that you’re making each effort to undergo the right channels and do the precise factor with Vendor Central.

The third factor you must do is ship a response to the sender of the e-mail. Embody textual content within the response alongside these strains. You may say one thing like, “I apologize for any mistake on my half in promoting this merchandise, this isn’t a counterfeit” or “This doesn’t infringe on any mental copyright legal guidelines, I’m promoting the merchandise as a result of Amazon says it’s not restricted for me to checklist. If you do not need different sellers promoting the merchandise, I counsel you’re employed with Amazon to limit your model or the particular ASIN. I’ve reached out to Amazon to learn how to proceed from right here.”

If you recognize for positive that the e-mail got here from a authentic model proprietor or consultant, you could possibly additionally embrace a line in your response equivalent to this one, “What do I must do to get approval from you to promote this merchandise on Amazon and open a wholesale account with you?” This might be an open door so that you can get a authentic account for the wholesale of an merchandise. So take that chance while you’ve acquired it.

[0:04:54.1] STEPHEN: Completely. So with the message you’re sending them, you’re responding. You’re not admitting to something however you’re letting the sender, whether or not they’re actual or faux, know that you’re a competent vendor who understands Amazon tips and what occurs after you ship your response may go a few other ways.

If you happen to acquired no additional communication from this model or faux model proprietor, you may in all probability assume that the unique message got here from a competitor who now realizes you’re not going to go away. You’re not going to be scared off this simply or in the event you obtain additional communication from the model proprietor, make each effort to work with them in Vendor Central to make the state of affairs proper.

Once more, at all times create a paper path, exhibiting that you’re working to determine the very best state of affairs and the very best resolution, and who is aware of, you may find yourself getting a wholesale account from the model this manner.

[0:05:41.6] REBECCA: One other technique that some authentic model house owners use is to ship you a message claiming IP or copyright infringement however they ignore any of your replies. As a substitute, they solely ship a second or third threatening message over the span of some days. As soon as once more, with that declare of IP or copyright infringement.

After they’re emailed you 3 times over a sure time period, then they go to Amazon and say, “We emailed the vendor about their IP and copyright infringement on three separate events and the vendor refuses to take away their inventory from their Amazon gross sales web page” after which when that occurs, Amazon will with none reality checking droop your means to checklist or promote that merchandise on Amazon. Irritating, isn’t it?

[0:06:20.9] STEPHEN: Yeah, however I like the tone.

[0:06:21.5] REBECCA: Yeah. I imply, that’s how I really feel about it. So one of the simplest ways to reply to this if the model won’t proceed the dialog with you and won’t reply in any respect to your authentic request for them to be straight ahead, the very best response to that’s to open a ticket in Vendor Central and inform Amazon that the model proprietor gained’t reply to you and solely simply maintain sending you these threatening messages.

Embody in your message, a screenshot of your makes an attempt at speaking with them after which politely request Amazon to take away that criticism as a result of model proprietor’s lack of response. You possibly can even inform Amazon that the model is perhaps attempting to regulate the gross sales of their merchandise by means of IP and copyright complaints, which is, anticipate it, towards the phrases of service for Amazon. I do know, it’s terrible to even take into consideration individuals utilizing these as a method however individuals do some loopy issues.

[0:07:09.8] STEPHEN: Completely.

[0:07:10.1] REBECCA: To love attempt to management their gross sales.

[0:07:11.5] STEPHEN: Sure, yup. So is that this price on a regular basis and vitality to combat these IP complaints, the counterfeit complaints? Sure. Part of the frustration with receiving these claims stems from having stock on the Amazon warehouse that you could possibly theoretically not promote on Amazon if the model proprietor prohibits it.

You recognize, in the event you solely have one or two objects in inventory, it won’t even be price your time or trouble to cope with this and simply sort of take away these objects from Amazon, promote them on eBay or some place else, and simply sort of transfer on.

Then again, you probably have lots of the suspected violating objects in inventory then it’s nonetheless a trouble nevertheless it is perhaps price your time to clear up the declare, produce three seats for the invoices crucial, undergo the right channels to both achieve approval or in any other case resolve the state of affairs.

Even when you need to take away the objects again from the warehouse and retailer them your self till that state of affairs is resolved after which you may ship them again in as soon as it’s resolved, at the very least you’re solely out of the cash of the removing order after which transport the merchandise again to Amazon.

[0:08:12.3] REBECCA: We simply can’t emphasize sufficient although that having the paper path is so essential. Within the unlikely occasion that you just get suspended for one thing alongside these strains, like I mentioned, unlikely occasion that you just get suspended, you need to just be sure you have created a paper path such because the one which we’ve been discussing and just be sure you maintain all your receipts and invoices. Have all your paperwork so as.

[0:08:37.2] STEPHEN: Maintain them eternally. I nonetheless have invoices from 2013.

[0:08:40.5] REBECCA: Do you actually?

[0:08:41.5] STEPHEN: I do.

[0:08:41.8] REBECCA: Okay. Effectively.

[0:08:42.3] STEPHEN: Yeah. For tax functions largely but in addition, I imply, simply in case.

[0:08:47.1] REBECCA: Okay, apparently we have to do some decluttering, okay.

[0:08:50.4] STEPHEN: So more often than not, when Amazon does resolve to droop promoting privileges over an IP or counterfeit declare, they normally don’t droop the vendor’s total account at first. Normally, they’ll simply droop the promoting privileges for a selected ASIN or perhaps simply the model. In these instances, you’ve got time to work issues out with Vendor Central and the model to clear up the state of affairs.

Apologize, promise to not promote the merchandise or model anymore, no matter you may to guard your general account. An account suspension normally doesn’t occur after one incident additionally however after a number of incidences. Incidences, incidents? Yeah, I don’t know which phrase is true.

[0:09:26.1] REBECCA: I feel each.

[0:09:27.7] STEPHEN: Okay, let’s try this.

[0:09:28.2] REBECCA: I don’t know.

[0:09:28.2] STEPHEN: So deal with the issues as they arrive up so that you just don’t want to fret about hastily getting a dramatic suspension out of nowhere. So cease promoting the issue merchandise, shake off the mud, be taught no matter classes it’s good to be taught from that state of affairs and transfer on to discovering higher stock to promote on Amazon.

[0:09:43.8] REBECCA: Total, we expect that the opportunity of receiving IP infringement or counterfeit claims in your account needs to be taken as a pace bump, not a useless finish, not an impediment however only a pace bump that you may overcome. Many sellers are so terrified of a lot of these claims that that’s why they’re declaring retail arbitrage is useless as we mentioned within the first episode of this collection.

However we expect that these varieties of reactions are exaggerated and pointless and overly dramatic. Numerous instances when individuals say that, they’ve a cause for it. Both they’ve been burned themselves in some way as a result of they made a foul selection or they’re attempting to promote you one thing truthfully.

[0:10:23.1] STEPHEN: Proper.

[0:10:23.4] REBECCA: So hopefully this podcast episode has given you a place to begin for how one can assume by means of the chances and deal with the state of affairs if it arises for you in your corporation. That’s a giant if too, this isn’t one thing that occurs simply day-after-day on a regular basis.

[0:10:36.9] STEPHEN: Yeah however we’re speaking about it simply in case, so you’ve got a strategy to be ready for if it occurs however we’re going to shut out at the moment’s episode with just a few sources that can assist you out. You recognize, if you end up with a suspended ASIN and that ASIN is essential to you to get reinstated or worse, an Amazon account suspension, then we’ve some extremely advisable companies that may allow you to get these ASINs or accounts reinstated.

We’ll put these hyperlinks in our present notes to the companies we most suggest and there may be one other useful resource that may allow you to by way of each retail arbitrage and on-line arbitrage sourcing, how one can know a lot of the manufacturers that file IP claims earlier than you even supply them. It’s a actually useful instrument that can inform you a model that you’re considering of shopping for if it has a historical past of submitting IP claims towards different sellers.

This instrument is known as IP Alert and it may possibly assist you recognize before you purchase that model. I imply, if it is sort of a set off pleased on submitting IP claims for all of the individuals attempting to promote this merchandise. So the instrument can prevent a number of time and heartache. So go to fulltimefba.com/ipalert and use the code “fulltime30” for $30 off the worth of this desktop and cell instrument that can allow you to keep away from these IP claims or at the very least decrease the alternatives and possibilities of getting an IP declare to your Amazon enterprise.

[0:11:50.4] REBECCA: Yeah, in the event you do a number of retail arbitrage and on-line arbitrage, that instrument might be actually useful for you.

[0:11:56.1] STEPHEN: Yeah, that’s good for each desktop and cell, so you don’t have any excuse to not use it and be ready.

[0:12:01.1] REBECCA: All proper, effectively, one final thing earlier than we wrap up. In case you are not on our publication checklist, make sure that you be part of. We ship out an electronic mail each week, typically twice every week with hyperlinks to movies weblog posts, and different podcast episodes that may be useful for you and your corporation. Ensure and be part of at fulltimefba.com and when you’re subscribed, you must search for that electronic mail from us.


[0:12:26.8] REBECCA: Thanks a lot for becoming a member of us for this week’s episode of The Full-Time FBA Present. As a reminder, you’ll find the present notes and the transcript for this episode at fulltimefba.com/182 as a result of that is episode quantity 182.

[0:12:40.7] STEPHEN: Subsequent week on the present, we’re going to reply the query, “Is Amazon saturated with too many sellers?” And the reply to that query is actually going to impression your Amazon enterprise. So that you need to come be part of us again subsequent week on The Full-Time FBA Present.

[0:12:54.6] REBECCA: The reply will shock you.

[0:12:55.8] STEPHEN: Oh yeah, so let’s do the press bait.

[0:12:57.2] REBECCA: Simply kidding. Simply kidding, it won’t shock you.

[0:12:59.2] STEPHEN: I imply, it’d.

[0:13:00.0] REBECCA: If you recognize us, you recognize the reply already, is Amazon saturated with too many sellers? What do you assume we’re going to say?

[0:13:05.1] STEPHEN: Come again subsequent week and discover out. We’ll see you then.


[0:13:10.9] ANNOUNCER: That’s all for this episode of The Full-Time FBA Present. So head over to fulltimefba.com/podcast, the place you’ll discover the present notes and hyperlinks from this episode. Whilst you’re there, subscribe to our publication the place you’ll get a number of free downloads of our well-liked and useful Amazon FBA sources. Now, take motion on what you’ve got discovered at the moment, so you’ll find success at turning part-time hours right into a full-time revenue with Amazon FBA.


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