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Brand Infringement
I have seen and discussed many brand infringement issue of other sellers.
Now even I am a victim of the same.

My product is being sold by authorised distributors. Recently i came across an unauthorised distributor selling one of our top selling SKUs. At a cheaper rate.

1) How is it possible to list the product without approval from us?
2) We are sole manufacturers of the product
3) How can he source the same product if I am not selling it to him?
4) Amazon is not providing me any resource through which the sellers veil can be lifted so that i can contact him to verify the genuinity.

To make a case for Amazon, I ordered the product via order #403-0831107-9167526 3 days back.

Still the product has not been shipped.

At the same time we asked amazon to remove the seller.

Amazon has sent this reply :
Should you believe that your product is not generic then Amazon requests to upload images which include your brand on the packaging or product.

When a detail page is created, it becomes a permanent catalogue page on that will remain even if the creator’s inventory sells out. Other sellers can list their items for sale against the page if their items exactly match the page.

If you believe sellers are listing against pages that do not exactly match their items, we ask that you report the violation using the ”Contact seller support” button located on the right side of any seller Help page. To report a violation, select “Report a violation” under “What is the problem?”

Please include this information in your report, as applicable:

- The order number of a test buy that confirms the violation (required)
- A concise description of the differences between the item ordered and the item received (required)
- The ASIN/ISBN of the item's detail page and the product title
- The store or business name of the seller you are reporting
- Any other evidence that supports your complaint

This is malpractice. And there is no human at Amazon whom i can explain this case.

Same is not possible on Flipkart and Snapdeal as we have brand protection there.

The only option now is to send a legal notice to the particular seller and to Amazon according to applicable laws.

I hope Amazon changes this system asap. Tomorrow I will have to do the same exercise again for another of our products.

Amazon please respect brands and their policies.

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@Kush - I too face the same problem and am irritated as hell.

I too have a case which I have been following up with them for almost a month.

But as per the current law, Amazon is correct.

Will post in detail if you need more guidance.

Yes Deveshbhai please guide.

I shall reply you how it is applicable to me.
Kush - the simple answer is that you cannot force any reseller which channel he chooses to sell on.

If at all you can have an agreement with the seller as to which market and territories he can cover if he violates that contract - the remedy you have is a civil action against him.

Amazon cannot and should not enforce your contractual obligation with any re-seller.

If the item the other seller is selling is non genuine you can complain to Amazon.

As long he is selling the genuine item, you have no remedy.

Snapdeal and Flipkart think that they are countries and can make their own laws Tongue, so don't go about comparing Snapdeal or Flipkart with Amazon which being an MNC has to be legally complaint.

1) I am the manufacturer, and he is not my reseller. He is a troll who is continuously tagging my products.
2) Our product can only be sold at MRP, no discounts allowed, he if giving discount on the listing. Amazon has to ban the same.
3) I have no way through which i can get the legal name and contact of the particular seller apart from ordering the product.
4) I have ordered the product, i will make a seperate post to show that even despite my complaint as a consumer regarding fake product, amazon has not blacklisted the seller.
5) How do you expect a brand to do the entire process again and again.
6) As a brand, if Amazon does not comply to our commercial terms, then we shall be forced to recall such products from Amazon and also issue a public notification that amazon is not our authorised retailer.

1) If he is selling a fake and your are a brand, only on intimation, they will remove. I have had sellers and listing removed earlier.

Have you received the trademark registration or is the registration still pending. Law differs in both instances.

2) You cannot compel any re seller to sell at MRP, its against the law. Again you can have a contract with a re seller stating selling as per company policies and in violation your remedy is a civil suit or termination of agency.

3) Based on fake complaints amazon has suspended sellers. Why are you assuming anything.
Dear Deveshbhai,

Please give procedure for 1) as we asked them to remove and they havent. Trademark and all is there.
2) How can we contact the reseller, Amazon is not giving data even on request.
3) I am a sceptical person. Will appreciate if Amazon blacklists.

I suggest you email them from email and and give them your trademark registration number and they will remove the offending seller immediately. This is from my personal experience.

And from what I see uberurban is only a shopping site. I suggest you build a brand website. It will cost hardly anything. A brand website would talk about the brand and can have link to the shopping website. Currently the uberurban website looks like a shopping cart.
@ Devesh, All documents provided. they are not giving brand protection.

Uber Urban is not restricted to ecommerce it is larger than that.

Thank you for your suggestions, we are rebuilding that.
Dear Kush and Devesh

Unfortunately, I am facing the same issue, my Brand trademark is applied for. After making several complaints Amazon is doing nothing. I later mailed the MD and CEO of Amazon and then on and off, they take some actions, but now i believe it all depends upon the number of complaints and the realization that they are really doing wrong with sellers may work.

So, i request you to mail directly to (MD, and (CEO,, so that this issue gets highlighted directly with them and they take required steps.

Amazon has the option of not allowing other sellers without prior Brand authorization but they are unwilling to do that for some reason or the other. (to check this, one can try to add products of big brands and while adding them one can see that brand approval is required).

Please see link for reference

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