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Amazon seller messaged me on eBay saying to stop selling their product or legal action

Discussion in 'Ebay' started by BlackHatMon3yMaker, May 11, 2016.

  1. BlackHatMon3yMaker

    BlackHatMon3yMaker Registered Member

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    Anyone experience this? Some no name brand and product. Guy gave like 3 paragraphs of info basically saying to take it down or legal action will ensue. Removed listings and didn't message him back. Is this common? I'm Amazon to eBay droppshipping btw
     
  2. uturn

    uturn Newbie

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    I have never heard of that before he might be just trying to make you take your stuff down so he can have less competition i would let them take legal action ... Just my opinion
     
  3. PenSeer

    PenSeer Registered Member

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    Is it easy for amazon brands to find out they're being dropshipped?
     
  4. goodperson

    goodperson Elite Member

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    You request that guy send you documents and licenses that prove the guy is a legal ownership of that products.
     
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  5. BlackHatMon3yMaker

    BlackHatMon3yMaker Registered Member

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    I'm the only seller of the product on eBay as far as I see. Didn't have it open more than 2 days, about 4 views on it lol. I know he was probably just bluffing but after finding him on Amazon he does appear to have a variety of products under the brand / seller name
     
  6. BlackHatMon3yMaker

    BlackHatMon3yMaker Registered Member

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    Just for reference for others, this is the message I got:

    "Dear Representative,It has come to our attention that your Company is selling "******" name and trademarks to divert traffic to your listing on Ebay, in violation of multiple international and national criminal laws, as well as civil laws regarding trademark infringement and unfair competition.
    We are the exclusive distributors and the owners of the brand "******". We never granted permission to your company to sell our brand nor have we sold you inventory for the purpose of resale As "New".


    Since you have not obtained our permission to sell our products and we have no record of you purchasing from us to sell our brand as "new" we will be proceeding under the premise that the products you are trying to sell using our listing information are counterfeit and are in violation of our business brand Trademark.


    This will serve as your Legal Notice to Cease and Desist all further actions described above, including any mention of our Products/Company on our Listing"


    Not particularly worried, but am curious if there are any actual repercussions that could occur? Only thing I could think of is maybe the photos are trademarked or something
     
  7. larrydetuvi

    larrydetuvi Regular Member

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    Personally I would laugh if I ever recived a threat like this. Their search criteria is really flawed.
     
  8. rylanrockstar

    rylanrockstar Newbie

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    okay first, emailed cease and desist letters are legal in the united states. I dont know why but they are. Second most he could do is sue you but then he would have to prove that you harmed his brand, etc. Now the other up thing is trademarking something isnt hard in the united states. Just slap a TM on the end of the title and its unregistered trademark. Now in some states it doesnt offer him the ability to force you to pay for his legal bills but it really is what if of the state. A C&D isnt legally binding, meaning if you dont stop your action the notice itself isnt grounds to be able to sue. They would have to legally send you a court summons and such, they have to sue you in your state normally or the closet district court because they are accusing you not the other way around. Third suing someone isnt cheap. If your not in the US and he is...welp that just made it 100x more expensive for him normally but strangely you can sue someone in say china in the US because we have laws that apply in space according to our judges and law makers.... Are you just ordering from him and dropshipping to your people or no because he could have you by the balls there. The federal trade commission does outline rules covering exclusive rights of vendors. So if he does indeed own the trademark he has the right to tell you no you cant sell it, well in america at least.
     
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  9. speeder33

    speeder33 Junior Member

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    These types of threats happen on ebay/amazon all the time. Sellers looking to maintain their dominance in a certain category. Most do not have the willpower or funds to sue each ebay user in another state. They hope to simply scare you out of selling this certain item.

    If it really is a no name brand, and what you are doing is legal, then you should have no problem. If this is some kind of knock-off of a small company, then you should stop or you could be in serious legal trouble is he/she decides to pursue.
     
  10. juicemane

    juicemane Regular Member

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    if you read it, he is trying to claim that your item is a counterfeit. All you have to do is proove that the item that you are dropshipping is authentic and comes from their office.

    You can buy and resell anything you want. Keep selling your product, just don't list yourself as like 'an official distributor' of th product. Don't let that shit scare u, i bet that if you continue, he'll only send more similar letters and never take action ... he'll have to prove that your item is counterfeit .. If he does take actions, chances are his lawyers will let him know that it's a bad idea / the funds to spend on losing wouldn't be worth it to him

    think of people who sell fake nike, gucci and louis on ebay ... they could potentially get hit for selling counterfeits ... but thats different. You are getting your item directly from the source
     
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  11. juicemane

    juicemane Regular Member

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    Notice that the company is using a copy and paste?

    https://sellercentral.amazon.ca/forums/message.jspa?messageID=3048046
    "H Essentials Representative,

    It has come to our attention that your Company is using "Friendly Songs ®" name and trademarks to divert traffic to your listing on Amazon Marketplace, in violation of multiple international and national criminal laws, as well as civil laws regarding trademark infringement and unfair competition.

    We are the exclusive distributors and the owners of the brand "Friendly Songs ®". We never granted permission to your company to sell our brand nor have we sold you inventory for the purpose of resale.

    Since you have not obtained our permission to sell our products and we have no record of you purchasing from us we will be proceeding under the premise that the products you are trying to sell under our listing are counterfeit and are in violation of our Trademark and Amazons TOS for counterfeit products (https://sellercentral.amazon.com/gp/help/help.html/?itemID=201165970 ).

    This will serve as your Legal Notice to Cease and Desist all further actions described above, including any mention of our Products/Company on your Listings on any Marketplace, websites or marketing efforts.

    You are hereby instructed to comply with this letter immediately or face legal sanctions under applicable Federal and State law.

    Your account is also being reported to Amazon Copyright department and will be suspended upon their review of your infringement.

    Sincerely,

    Friendly Songs Branding Director
    a division of KMConsolidated"

     
  12. toml3030

    toml3030 Elite Member

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    There's virtually zero chance of them actually suing you, considering that it would cost $30K+ to actually go through with it and unless you're been making bank, their damages are virtually zero.
     
  13. speeder33

    speeder33 Junior Member

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    Doubt he is making bank. He only had 4 views on his listing.
     
  14. umrazahmed

    umrazahmed Newbie

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    i wonder what problem amazon has..! are you buying from amazon and selling it on ebay?
     
  15. Mnet17

    Mnet17 Junior Member

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    My advice is you should take down your products on eBay because they are legally prime distributor of that product in the US. They could email eBay to take down your account by providing contract between them and manufacturer and your eBay account can be banned forever. Take caution with legal issue like this, it's not easy to deal with.
     
  16. elavmunretea

    elavmunretea BANNED BANNED

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    I have also had this. It has no legal backing and anyone can sell whatever they want. Reply telling them that they're committing fraud by deceiving you into removing your product, which will result in more money for them
     
  17. BlackHatMon3yMaker

    BlackHatMon3yMaker Registered Member

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    wtf happened to me again, this time for a different product. I ended up taking the first one down just to avoid any issues. Idk about this message though, it sounds like they already reported me?


    "
    [h=3]You have been reported to Claimed Infringement (NOCI) to eBay's VeRO program eBay has adopted and implements a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of eBay and/or others. In a listing, eBay members: Can't encourage or enable others to infringe copyrights, trademarks, or other intellectual property rights of third parties. Can't improperly use eBay intellectual property including use of the eBay name or logo and linking to the eBay website. Can't include authenticity disclaimers or deny responsibility for the items offered in their listings. [/h]
    "
     
  18. elavmunretea

    elavmunretea BANNED BANNED

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    May I ask what the product was? For now I would wait for ebay to contact you, which they always will, or if you're super worried, you could contact them
     
  19. redarrow

    redarrow Elite Member

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    Take it down or exspect more issues ,
    i think you found a product that your trying to
    doorship but the product is only sold exclusive via ebay or amazon what ever way that how u got caught.

    they own the product forget it or ebay will destroy your account in minutes once reported.
     
  20. BlackHatMon3yMaker

    BlackHatMon3yMaker Registered Member

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    the first product was a popcorn maker

    the second product was a stainless steel straw for thermoses.

    I'm taking them down as soon as i get the messages, but how is noone else having these issues??