NFL Related Amazon Suspensions
By Kerry McDonald, Managing Paralegal
Amazon is cracking down on counterfeit sales of NFL products in advance of the approaching the Super Bowl. Sellers of legitimate NFL merchandise are getting hurt in the process. Many sellers of NFL related products are confused and upset.
- Why Amazon Sellers with great metrics being suspended?
- Why Amazon Sellers legitimate products are being taken off the platform?
- How can Amazon Sellers get back on to Amazon quickly, and;
- How can Amazon Sellers prevent or prepare for future suspensions.
Selling NFL Products on Amazon & Suspended – What Should Amazon Sellers Do?
Suspensions and removed listings for issues of authenticity should be easily remedied by providing proof of supply chain. Your supply chain should lead to a well known and NFL authorized distributor or seller.
However, when Amazon Sellers appeal suspension, they are getting caught in a cycle of generic rejection messages and requests for plans of action to prevent complaints when there are none. Sellers are left frustrated and confused, some even feel they are being personally targeted.
Who is Causing Suspensions for Selling NFL Products?
It is believed that the rash of NFL Sellers’ suspensions has more to do with Amazon and less to do with the NFL. “We have not seen any emails with any email address for the NFL attorneys involved in protecting the NFL brand, “ says CJ Rosenbaum. “We have worked with the NFL lawyers before and they are great people to work with.”
Why are Amazon Sellers of NFL Products being Suspended at Alarming Rates?
It seems that Amazon is on an overly inclusive crusade under the guise of protecting consumers. “Its awful that Amazon is suspending legitimate sellers simply because they are selling NFL products to consumers. Consumers want to purchase NFL goods before the big game. Sellers should be permitted to continue to sell jerseys, hats, etc., as long as they are genuine.” Anthony Famularo, Esq., Managing Attorney, Amazon Sellers’ Lawyer.
“Amazon is even hitting sellers simply having the letters NFL in their description.”
It seems that the 2016 articles describing how the NFL and MLB did not want to sell on Amazon because of counterfeiter issues is being addressed by Amazon coming down hard on sellers…including those solely selling legitimate products.
Get Reinstated After Suspension: What to Put in Your Amazon Appeal or Plan of Action
There are two requirements that Amazon needs for reinstatement: 1) proven authenticity and 2) making sure you have correct brand and category. Unfortunately, Amazon leaves it to the seller to figure that out with no hints or guidance. Sellers of authentic merchandise whom provide Amazon with perfect documentation are losing revenue and sleep because they are not aware of the fact that things are no longer the way they have always been.
Many sellers are aware that Amazon has made efforts to curb sales of counterfeit goods with the creation of its brand registry. Registration of one’s brand provides ownership and control of the respective listings and content contained in Amazon’s catalogue, giving the brand owner more authority to monitor and protect their own brand.
Brand registry, however, offers little protection for brand owners who do not sell on the Amazon platform. The NFL brand does not sell its merchandise on Amazon, however NFL merchandise is sold in a wide range of categories on the platform (i.e. phone accessories, apparel, books, collectibles, etc.) under many different third party seller store names.
In 2017, Amazon is making a big push to expand its registry to the big brands that do not sell on the platform. The new Amazon teams will encourage brands, including those that don’t currently sell on Amazon, to register with the online store. In the meantime, it seems that Amazon is rounding up many NFL brand sellers in all categories in preparation of creating a global NFL category.
The NFL brand is currently not gated but this recent category clean up may be an indication of a push toward gating. As of now, Amazon Sellers can still get reinstated and get in on Super Bowl sales if they are selling authentic NFL products listed under the NFL brand, but they may also want to consider diversifying their products or consider the possibility of having to deal with the gated brand.