Counterfeit Complaint on Amazon: Its Reality & How to Resolve It

Vova Even Jan 20, 2023
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Disclosure: Hi! It's Vova :) Some of the links in this article may be affiliate links. I get a commission if you purchase after clicking on the link, this does not cost you more money, and many times I can even get a nice discount for you. This helps me keep the content free forever. For you. Thank you! :) 

Reviewing Counterfeit Complaint on Amazon: What is It & How to Handle It?

 

Hi, my name is Vova Even, and since 2016, I have been an active Amazon seller. I like to share my experiences and knowledge on Amazon to help newbies and beginners on the platform. 


For this, I have been sharing tutorials, hacks, and trade secrets on my blog, YouTube, and Udemy


Whether a new seller on Amazon or an advanced FBA merchant, you can learn how to continue growing on the platform while boosting sales through my videos. (Take my word for it 😉)


It's no longer a myth that being an Amazon seller; you can receive counterfeit complaints. 


But what to do in this situation, and how to save your reputation as a brand? To learn more, I had David Miller, the founding attorney at The Law Office of David Allen Miller, sit down with me for a YouTube Q&A. David is an Amazon seller representative who offers expert analysis in such situations. 


David also recently opened up a YouTube channel to help you with the Amazon policy. It’s here. Subscribe, please :)


To your interest, this post is based solely on that productive meeting. However, if you'd like to watch the video instead, it's embedded right below. Enjoy! :)



Key Resources I Share in This Article Plus Some Freebies for You


  1. My Playlist Of Videos with David Miller (20+ Videos)

  2. 3 eBooks, 3 courses, valued at over $1200

  3. Our Amazon FBA Community On Facebook


What is a Counterfeit Claim?

On Amazon, if you sell prohibited or copied products that are illegally replicated, reproduced, or manufactured, they are considered counterfeit. 


Selling counterfeit units may lead to losing selling privileges, funds withheld, or disposal of inventory in possession.


However, not every time it’s a genuine counterfeit claim. Sometimes brands falsely accuse a seller of selling counterfeit items when the products sold are 100% authentic.


False counterfeit claims are one of the most common issues that Amazon sellers have been facing for years. Brands intentionally do it to take advantage of insurance claims in an attempt for financial benefits.


The question is, what should you do if you fall victim to a bogus claim? What should be the first step, and how should you face it from a legal perspective? Here's what David had to say:


Remain Calm and Think Straight!

When you receive a counterfeit claim, first and foremost, you should contact the rights owner. There is a possibility that the claim made may be a mistake. For instance, the counterfeit claim was meant for someone else, and you got up in the middle.


It is never wise to start a war as soon as you find a counterfeit claim in your email inbox. The best idea is to contact the rights owner and see if you can resolve it. Most of the time, the rights owners are willing to work it out without causing chaos.


Therefore, from a legal perspective, contact them. Keep the conversation friendly. Don’t let emotions take over your good side, and work it out. You must remain calm and rational instead of getting all touchy and dramatic.


By the way, David and I have over 20+ videos about the Amazon policy for you. Watch them here on my YouTube playlist.


How to Resolve a Counterfeit Claim?

If your counterfeit complaint issue isn't resolved with the rights owner, it's time to appeal with Amazon. However, the journey with Amazon is challenging and requires you to remain honest and truthful.


First, you must submit your invoices to Amazon to show that your product is authentic and not a counterfeit. Therefore, it's crucial to vet a supplier beforehand to have documentation in your pocket. Make sure they have a website and that your invoice information matches the Amazon seller information in Seller Central.


Sometimes the supplier sells products at unbelievable prices; the best thing is to investigate and ensure it's legitimate. When vetting a supplier, if you receive any bad feedback, be aware, as it's a red flag. Chances are the product is counterfeit, copied, replica, or damaged.


If the information doesn't match your invoice, Amazon will instantly deny it and consider the product counterfeit.


Do I Have a Legal Claim in a Counterfeit Complaint?

While discussing the issues with false counterfeit claims, David Miller shared that the most common question sellers ask him is whether they have any legal claim or not.


Mostly, after exhausting options of reaching out to the rights owner and appealing to Amazon, the question that bugs sellers' minds is how to go for a legal claim. Is it possible to sue the owner for falsely claiming their right and take them to court?


As per David, if the products you sell are genuine and you can prove their authenticity, then two legal claims can help a seller.


Number 1: Defamation

Defamation is communicating false statements to a third party that damages your reputation.


In this case, the false statement is the counterfeit claim, the third party is Amazon, and the seller’s reputation is at stake. In case of failed appeal with Amazon, chances are the platform has already deferred your account or suspended the listing.


Number 2: Tortious Interference with Contract

It arises when the defendant intentionally convinces the third party to breach their contract with the plaintiff, causing damages to the claimant's reputation.


It means that the false counterfeit claim wrongfully interfered with your contractual relationship with Amazon. Hence, you must show that the contract has been valid and enforceable per the "business solutions agreement" signed with Amazon. And the seller also has to show that the defendant was aware of the contractual relationship and that they intentionally defamed you.


Still confused?


Contact David Miller for Legal Assistance

Discussed above are the legal actions you can take against the false counterfeit complaint on Amazon. 


However, if you need more assistance and direct contact with David Miller, the lawyer for Amazon sellers, call him at (516) 313-1572 or drop an email at david@damlawfirm.com.


You can also visit the official website of The Law Office of David Allen Miller at www.damlawfirm.com and learn more.


If you are looking for ways to remain safe on Amazon and avoid getting your seller account suspended, check out my playlist with David. The playlist covers everything in detail, making it easier for you to manage your seller account carefully.


You can also reach out to David on his YouTube channel, Instagram handle, TikTok account, Facebook profile, or LinkedIn professional point.


Until the next time, I hope you have a wonderful day and an incredible life.


Yours

Vova :)

Disclosure:  Hi! It's Vova :) Some of the links in this article may be affiliate links. I get a commission if you purchase after clicking on the link, this does not cost you more money, and many times I can even get a nice discount for you. This helps me keep the content free forever. For you. Thank you! :)