在亚马逊被跟卖的情况,相信商家们也很知道的了,大鱼吃小鱼,小鱼吃虾米,没有实力的商家是很容易被被同行跟卖了,在遇到跟卖的时候,其实商家也是很憋屈的,自己好不容易做起来的listing,就这样被同行空手套白狼夺取了,最后还失去了编辑listing的权限。
首先跟卖这个规则是亚马逊制定的,在亚马逊跟卖是合法的,尤其是产品来自正规的销售渠道,所以我们在亚马逊开店的时候,除了遵守规则之外,也是可以采用合法的手段来维护自己的权益的。
首先我们遇到了跟卖的情况时,可以先跟卖家沟通,发警告信,以下是警告信邮件模板,替换对应文字即可:
自己品牌名称—A( 授权之品牌名称或是已注册之品牌名称)
对方品牌名称—B( 卖家要投诉之对象名称或是品牌名称)
模板一
Hello,
We are the registered proprietor of the USA Trade Mark Number *****(商标注册号)for ****(商标名) in classes(商标类别)*****(Registered Date:*****).Please refrain from using our Trademark when selling or listing any of your products.
Please remove your listing from our advert immediately ASIN:*******
The product is branded***** to reflect this, along with the title, brand and manufacturer.
If this is not done, we will have to report you to Amazon and they will remove it on your behalf. Please note:If a seller is removed 3 times by Amazon, the selling privilege would be removed by Amazon.
*****Company Reg No. *********
模板二
Dear “ B ”,
It has come to our attention that “ B ” is using the " A " trademark without license or prior written authorization from " A ".
" A " holds federal trademark registrations in the United States. So “ B ” listings violate " A " trademark and intellectual property rights. You are also in breach of Amazon’s Participation Agreement.
Therefore, we demand that you immediately remove all listings on Amazon.com in which “ B ”utilizes our trademarks and images protected by copyright.
“ B ” currently has at least one listing on Amazon.com for products that utilize“ A’s” trademarks and/or copyrights without authorization. See the following ASIN: B001234567 (写自己的 ASIN)
" A " is the only entity authorized to provide authorization to sell its products on Amazon.com. Your listing constitutes a violation of " A's " trademark rights, copyrights, and Amazon’s Participation Agreement.
“ B ” 's infringing listings must be removed immediately to prevent damage to " A " brand and lost sales.
While " A " has many options available under this state. But we would prefer to resolve this matter amicably. Please confirm to us in writing within 24 hours, that you have:
(1) Removed all of " A’s " trademarks and copyright material from your Amazon.com listings and any other website or public display you operate;
(2) Removed all of " A’s " listings of products it claims to be associated with " A’s ", including but not limited to the ASINs listed above
Failure to take action within 24 hours will force us to report this serious violation to the Amazon seller performance team. This is licensed products to Amazon.com as well, Amazon seller performance team will take such violations very seriously, possibly resulting in removal of your selling privileges on Amazon.com.
Thank you for your attention to this matter. Please contact us if you have any questions.
Legal on behalf of " A "
注:A为自己的品牌名称,B为对方的店名或品牌名
(from Bqool)
模板三
Hi,
We noticed that you are not authorized online retailer for XXXX brand products and you have listed the particular item(s) ASIN: XXXXXXXXX, which is sold exclusively by XXXX authorized retailers.
As you may be aware, the unauthorized selling of XXXX products is an illegal action that seriously infringes Trademark Law. As the Trademark owner we did not sell you, nor authorize you to sell, any XXXX branded products. Also you are against Amazon's policy.
We kindly request that you follow our instructions:
a) Remove your offers from all XXXX product pages on amazon.com within 24 hours, and do not list items on XXXX’s product pages in the future.
b) Send us confirmation after you have removed the previously stated products and listings.
If you don't comply with these demands, we'll have no choice but to file an official claim with the amazon.com Seller Performance Department, which will seriously impact your Amazon performance.
Here is a link of the product in question
https://www.amazon.com/dp/XXXXXXXXX
"We have received your U.S. Trademark Application and assigned serial number ' 869134571 ' to your submission." An official notification to you!
如果写信给跟卖者,依旧置之不理的话,那就需要在美国亚马逊通过商标证书投诉跟卖侵权。
警告或投诉是无用的,再次提醒24小时后不听警告,你购买卖家的假冒产品,最好写外国朋友的地址。收到商品后,拍照并列出照片和假冒产品与正品的区别,并将所有信息发送给亚马逊官方。
如果确认,卖家不仅需要立即撤销他销售的商品,还需要退款给他购买的买家。此举是一种非常有效的举报和销售方法,商家们在遇到跟卖的情况要跟官方去沟通,让平台去处理,这样才是明智的做法哦。