Amazon Seller LOSING MILLIONS in SALES Over Untrue COUNTERFEIT COMPLAINTS
What I want to talk to you about today is an actual case in litigation where we represent an Amazon seller, a big seller who’s losing boatloads of money because one particular brand made untrue counterfeit complaints.
This particular seller is out over $1.4 million because of a baseless counterfeit complaint.
What did the seller do? The seller did the right thing. The listing that went down, the seller kept good records of the sales that the company would’ve had, and then the seller did what’s called mitigating their damages. You’re required under the law to try and lessen the damages that you suffer when somebody else harms your business. The seller took down the other listings by themself so that there weren’t any more complaints, and now we’re taking them to court for all of that.
By taking down those listings, the seller protected the account and now we can go after the complainant, and we do.
We filed a lawsuit, and the lawyer for the other side reached out to me. She wrote to me and said, “Hey, can we settle this case? What are you looking for?” I said, “No problem. $1.4 million and this all goes away.”
Now, I don’t have any expectation that they’re going to write me a check just yet for the 1.4 million, but I have confidence that we are going to succeed and recover every single penny that was lost as a result of this entirely baseless counterfeit complaint.
I want to talk to you about one more thing. It’s about avoiding litigation, not ending up in court.
If you are an Amazon seller and your business is growing, you’re going to have traditional legal needs between you and your partners, you and your distributors. You want to make sure your employees and your staff can’t sue you. You want to make sure you have contracts that are not only written good for you, but that the ones that you have are reviewed.
In order to keep up with you, this is David. He’s been working with us for several years. He is the lawyer that is managing our department that we call business law for sellers. If you have any issues with your staff, your partners, your suppliers, any legal needs, contact us, ask for David, and we’ll see if we can help you out.
Two takeaways: One, if you suffer damages that are worth going to court, don’t be shy about going to court and recouping your money. Two, if you want to avoid court, make sure all your bases are covered by contacting David in our business law for sellers department.
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