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At Amazon Sellers Lawyer, one of the most common causes we see for seller suspensions is inauthentic or intellectual property complaints. Sometimes, these complaints are valid, but more often than not they are baseless or made as an attempt to enforce a manufacturers distribution agreement. A distribution agreement is essentially a contract between a manufacturer and a supplier. Amazon does not, generally, enforce these agreements.
John Frieda (a hair care product manufacturer) is filing what we believe to be baseless allegations of intellectual property infringement against Amazon Sellers. John Frieda is causing Amazon suspensions. Listings are being suspended. Sellers’ accounts are being suspended.
It seems that John Frieda operates its own store on Amazon platform and might be trying to eliminate competition.
The First Sale Doctrine
The First Sale Doctrine provides protection to Amazon sellers who purchase authentic products and re-sell them unchanged.
Amazon sellers who purchase branded items can generally re-sell them without violating anyone’s rights or any laws.
There is an exception to the First Sale Doctrine. It is discussed here and in our previous article on AmazonSellerslawyer.com.
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Basically, the First Sale Doctrine does not apply if there are “material differences” in products Amazon sellers deliver which create “consumer confusion.” Some rights owners have successfully argued that a lack of warranties, guarantees, or quality control standards can amount to “material differences.” However, Amazon Sellers can fight back.
If your Amazon listings are 100 percent authentic and match the listings, you should be able to obtain reinstatement.
When brands offer “money-back guarantees” Amazon sellers can offer that same guarantee. The A to Z Guarantee practically compels this guarantee whether Amazon sellers like it or not.
Conclusion
The bottom line with this latest brand making complaints against Amazon sellers is that if you are selling genuine John Frieda products, you should be able to obtain reinstatement.
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About the Author:
By: Robert Segall and CJ Rosenbaum. Esq.
Rosenbaum Famularo, P.C.
AmazonSellersLawyer.com
Amazon Sellers Lawyer is a team comprised of unique individuals with extensive knowledge and backgrounds. They are dedicated to defending the rights of e-commerce entrepreneurs and sellers across all platforms. Founded in 1994 by CJ Rosenbaum, the firm is now emerging as an industry leader as evidenced by its receipt of the Bitbond Best E-commerce Site of 2017 award. Whether a seller is facing an Intellectual Property issue, their funds are being held, or they simply need assistance with a suspension and reinstatement, the team at Amazon Sellers Lawyer has the knowledge and experience to serve sellers day and night, all around the World.
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