FAQ

GET YOUR QUESTIONS ANSWERED

QUESTION

"I want these resellers removed from my listings; how do I get started?

ANSWER

Schedule a quick discovery call with one of brand protection consultants. We then provide a free Brand Protection Audit to review all current product listings, company reseller lists, and current distribution policies to understand the full scope of issues your brand is facing on the Amazon marketplace.

From the 
audit you will receive a detailed infringer analysis of resellers across all your ASINs, feedback on updates needed for stronger legal reseller policies, and strategies for tackling the reseller problem.  Lastly we can provide a detailed proposal based on the audit recommendations.

QUESTION

"Can we legally remove unauthorized sellers on our brand’s product listings?"

ANSWER

By utilizing your brand’s intellectual property rights we can help to remove unauthorized sellers from Amazon. We work with manufacturers and brand owners to craft a holistic strategy of marketplace reseller enforcement.

The first step is to work with specialized outside counsel to create Reseller Agreements and Policies that establish a material difference between what you offer as the manufacturer and what resellers are offering. Courts have upheld that in the case of material difference, resellers are not protected by the first sale doctrine.

Armed with this information, we investigate each 3rd party seller on your listings to uncover their identity and then use our effective 3 stage enforcement strategy to get the seller removed. Because of our thorough and custom strategy, we often see 75-80% of resellers removed within the first 3-4 months.

QUESTION

"We did not put our products on Amazon. How did they get there?"

ANSWER

One difficulty with Amazon’s platform is the freedom given to 3rd Party sellers to create listings and sell products that they have not purchased directly from the manufacturer. The result is usually low quality listings with poor content and photos which can become the first impression when searching for your brand on the internet.

 

QUESTION

"Our MAP policies are being violated on Amazon. What can we do about it?"

ANSWER

Unfortunately, Amazon has expressly said it will not step in to mediate in cases where Sellers are breaking MAP policies. This must be handled between the manufacturer and its distributors.

Most MAP enforcement programs are flawed because they don't address the real problem of unauthorized resellers.

 

Our proven process has helped dozens of companies improve their pricing across multiple channels. This often includes:​

  • Working with outside legal counsel to update policies to better govern MAP and E-commerce sellers
     

  • Utilizing Seller Insight to monitor prices and target the biggest offenders 
     

  • Directly enforcing against and removing offenders on the basis of trademark infringement, not pricing

It will be necessary to have a discovery session to discuss your unique needs and develop a custom solution to get better results for your brand. 

QUESTION

"Can we get our products "brand gated" to prevent resellers?" 

ANSWER

The answer is "no" for 99% of brands. Amazon has implemented initiatives such as Brand Registry, Transparency, and Project Zero to combat issues of counterfeiting and is no longer accepting brand gating requests.

​If you are dealing with issues related to unauthorized sellers with legitimate goods, we have developed proven processes to get results. Reach out to us now to set up a free discovery consultation.  

STILL HAVE
QUESTIONS?

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© 2020 Brand Guarde LLC

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Brand Guarde is NOT a law firm and does not give legal advice.

We help connect our clients to specialized outside counsel for all specific legal advice and legal services.