I may have a problem and I wanted some guidance.
I sell items in a particular niche that I’d rather not mention but it is food service related. Nothing perishable.
I have expanded my inventory for the new year and one of my items I just listed under FBA and sent in 20 for a test run. I get a message from the original lister of the item saying my item was counterfeit and must be made by his company and he wants invoices. I looked his company up and he sells identical items (even the catalog numbers are the same) as the company I buy from (which is a major manufacturer).
This item is an aftermarket accessory to a totally unrelated major high end manufacturer. Let’s say Krups. (it’s not). the item is an item that makes the “Krups” item more efficient, stainless steel, all food grade, all technical stats on the listing are the same as mine. I messaged him on his website (not amazon) and he replied saying he used to be a distributer for the company I’m a distributor for, and he decided to start making his own items instead of buying from my manufacturer.
To my point… How should I proceed?
If your’s is the real thing, and this guy’s is the knockoff, then you should simply create a new ASIN for your, prominently promote yours as the genuine article, warn buyers against counterfeits in your description, and leave the other guy alone. This is not rocket science.
My opinion from experience.
Ignore him, and if he tries to buy your item or give negative feedback, contact Amazon with all the screenshots of his messages and they will handle him accordingly. The only time you back down if it’s a brand/patent registered to him. And if that’s the case, it will be a restricted item and you won’t be able to list it. I hope this helps.
If your is the branded product and purchased direct from the manufacture – a) let the manufacture know as the other person is potentially in-breach of copy right for the brand b) keep message via Amazon so they have a record c) notify Amazon of the issue and send them a link to the manufacture website – they should investigate the other-seller and have the ability to stop him mis-selling an item as a branded product if its not. Also he can not use the same bar-code as the bar-code which belongs to the manufacture of the branded item as its again misrepresenting what he is selling – which again Amazon can deal with for you. Remember just because he used to product an item for a manufacture with a brand-name does not mean he has the right to continue to produce it with out an agreement from the owner of the intellectual property rights let the brand sort him out – Good Luck!
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