False counterfeit complaints are when brands accuse sellers of selling counterfeit products when they are selling 100% genuine products.
When that occurs, the victimized sellers usually have at least 2 legal claims that they can use as leverage or use to sue in court: Defamation & Interference with Contract. We rep these sellers and use the claims to negotiate resolutions and we can and have started lawsuits against the brands making wrongful claims against Amazon sellers.
False counterfeit complaints asserted against AMZ sellers often result in the suspension of the seller’s account or Amazon listings, and the loss of thousands, or hundreds of thousands of dollars in sales.
However, Amazon sellers have recourse under at least two legal claims:
1. Defamation or Defamation Per Se
The first legal claim that suspended Amazon sellers may have against a brand that made a false counterfeit complaint is defamation. Again, the laws surrounding defamation vary from state to state but using New York as an example, defamation is a false statement, published to a third party without privilege or authorization, with fault amounting to at least negligence, that caused special harm or defamation per se. Defamation Per Se is where the false accusation is that you engaged in a crime, like knowingly selling counterfeit goods.
Have you been falsely accused of selling counterfeit products?
You may be entitled to significant damages.
If you’re selling on Amazon & have been falsely accused of selling counterfeit products, WE want to talk to YOU.
1-877-9-SELLER
2. Tortious Interference with Contract
The second legal claim suspended Amazon sellers have when brands make false complaints that you sold counterfeit goods is tortious interference with contract.
While the law regarding tortious interference varies between states, the idea is the same as New York law. A claim for tortious interference is established when a brand interferes with an Amazon seller’s contract with Amazon with a false complaint that the seller sold counterfeit products.
The legalese for claims of tortious interference with contract is that the claim is established when “a valid contract existed which a third party knew about, the third party intentionally and improperly procured the breach of the contract, and the breach resulted in damage to the plaintiff.”
Amazon Sellers Fighting Back When Falsely Accused of Selling Counterfeit Products
Big brands continue to abuse Amazon’s intellectual property system. Their counterfeit complaints against Amazon sellers are often baseless because AMZ sellers are usually selling genuine products. They’re NOT selling counterfeit goods.
The basic factors pertaining to suspended Amazon sellers who receive false complaints of selling counterfeits:
False Statement: The false counterfeit complaint sent to Amazon is the false statement described in the law.
Publication: when a brand sends a false statement to Amazon via email, letter or Amazon’s submission form, that qualifies as a publication of the false accusation.
Negligent: When the brand fails to check your products and confirm that you were selling genuine products and not counterfeit, that qualifies the negligent element of the case.
Harm to the AMZ seller: the suspension of your account, loss of sales & diminished value of your business qualifies as harm.
When we break down elements of legal claims for suspended sellers who receive false complaints of selling counterfeit products, they are as follows:
A valid contract: This is your contract to sell on Amazon.com.
3rd party / brand intentionally breaches contract, issues a complaint against your account & because of the counterfeit complaint, AMZ suspends you.
Third party / the brand knew you were selling on Amazon.
Damages: You lost sales and / or the value of your Amazon business was diminished because of the false counterfeit complaint asserted against you.
Recovering Damages from Brands that File False Counterfeit Complaints Against You
We have lots of content about false counterfeit complaints made against sellers. See more below:
Amazon sellers accused of counterfeit and trademark infringement
Amazon sellers accused of counterfeit and trademark infringement By: Grace Gillis & CJ Rosenbaum Cartier is one of the world’s leading luxury goods companies. Designing, manufacturing, and selling jewelry, watches, fragrances, pens, lighters, silver, and crystal, Cartier is well known. Amazon and Cartier vs Sellers A case has been
Baseless Listing Deactivation against Amazon Seller
Baseless Listing Deactivation against Amazon Seller Baseless listing deactivation? We are here to help Amazon Sellers who have been wrongfully deactivated from their account or had baseless listings deactivated. We are a law firm with the experience and knowledge to help you get your Amazon Seller account reactivated and your
Baseless IP Complaints and Amazon Sellers
Baseless IP Complaints and Amazon Sellers If you’re an Amazon Seller, you know that one of the scariest things is getting a baseless intellectual property complaint. But now, Amazon has a new system in place to protect sellers from these baseless complaints. In this video, I’ll tell you all about
How to Fight Allegations of Selling Counterfeit Products on Amazon
How to Fight Allegations That You’re Selling Counterfeit Products on Amazon When it comes to allegations that you’re selling counterfeit products, Amazon is a hotbed for them. If you’re an Amazon seller, you may have been accused of selling these products yourself. In this video, I’m going to share with
Amazon Complaint: When Is A Counterfeit Complaint Baseless?
Amazon Complaint: When Is A Counterfeit Complaint Baseless? As an Amazon seller, when is a counterfeit complaint baseless? Counterfeit complaints can be filed against Amazon sellers for a variety of reasons, but not all of them are valid. In this video, we’ll discuss when a counterfeit complaint might be baseless
How to Reinstate an Amazon Account after a False Counterfeit Complaint
How to Reinstate an Amazon Seller Account After a False Counterfeit Complaint As an Amazon seller, you’re always at risk of having your account suspended without warning. In this video, I’ll show you how to reinstate your account after a false counterfeit complaint. Counterfeit products are a huge problem for
FALSE COUNTERFEIT COMPLAINTS LAWSUIT AGAINST COMPANY
FALSE COUNTERFEIT COMPLAINTS LAWSUIT COMPANY GOT SUED FOR MAKING FALSE COUNTERFEIT COMPLAINTS In a recent case, a company was sued for making false counterfeit complaints against an Amazon seller. The company claimed that the seller was selling fake products, but it was later revealed that the products were actually authentic.
Seller Accused of Selling Counterfeit Items aka Vast Chinese Conspiracy
News for AMZ Sellers: Amazon Seller Accused of Selling Counterfeit Items aka Vast Chinese Conspiracy Amazon has been in the news lately for a counterfeit case that could have far-reaching implications for all Amazon sellers. In this video with CJ Rosenbaum, we take a look at what’s going on and
Recover Damages From False Fraudulent Claims
Recovering Damages From False Fraudulent Claims Fraudulent inducement If you feel that you were tricked or manipulated or misled and as a result of that, you took certain steps or incurred certain costs, you may have a claim for Fraudulent Inducement. Fraudulent inducement is what we call a cause of
How to Resolve Counterfeit Complaints Yourself As An Amazon Seller
How to Resolve Counterfeit Complaints Yourself As An Amazon Seller How can you as an Amazon seller handle a counterfeit complaint yourself? I want to update you on how Amazon sellers can resolve counterfeit complaints asserted against your Amazon account, either when your account is deactivated, and also, more importantly,
How to Get Your Business Back on Amazon after Receiving Complaints
How to Get Your Business Back and Thriving on Amazon After Receiving Complaints Amazon sellers, in this video, I’m going to tell you how my team won the reactivation of an Amazon seller’s account after they received over 40 counterfeit complaints. This is file number 05103, this is a real
When a Seller Outside of the United States Gets Sued on Amazon
What Happens When A Seller Located Outside of the United States Gets Sued on Amazon? Amazon sellers, I try and use these videos to answer questions that we get from other sellers every single day so that you have the information that you need to thrive on Amazon. I received
Worst Thing Sellers Can Do after they Receive a Lawsuit from Amazon
The Worst Thing Sellers Can Do After They Receive A Lawsuit From Amazon or Big Brands If you’ve been sued by a big brand, a small brand, another seller is coming after you, or Amazon is suing you, one of the worst things you can do is not formally respond
Sellers Wrongfully Accused of Copyright Infringement on Amazon
Sellers Wrongfully Accused of Copyright Infringement: Using Counter Notices to Get Reinstated Copyright complaints, DMCA counter notices, and what we call pre-arbitration letters. This is a process that we use that works to get sellers’ listings back on and works to get sellers’ accounts reinstated. So what am I talking
How to Fight Back after Getting a False Counterfeit Complaint on Amazon
How to Fight Back After Receiving a False Counterfeit Complaint on Amazon A very common issue for Amazon sellers is selling branded products where they’re getting the products directly from the brand or an authorized distributor, and yet somebody makes a complaint on Amazon that they’re selling counterfeit products. This
How Sellers Resolve Counterfeit Allegations with Updated Invoices
How Amazon Sellers Resolve Counterfeit Allegations by Acquiring Updated Invoices So, this is Jacques and today I’m going to be talking about how you can get updated invoices from your supplier, from your source, and how Jacques used updated invoices, to win a counterfeit allegation. Here’s the story. With any
KNOW YOUR RIGHTS If Receiving Threatening Letters From Law Firms
KNOW YOUR RIGHTS When You Receive Threatening Letters From Law Firms Like Vorys I’m going to tell you how we handle Vorys when this law firm sends Amazon sellers a letter claiming that they are violating their client’s intellectual property rights / contracts, and these sellers better stop or the
How to Remove an IP Complaint Off Your Account & Protect Sales
How to Remove an IP Complaint Off Your Account & Protect Your Sales on Amazon I love bragging about my team. My team is the best in the world. Every single person that works for us, that works on your accounts, that drafts your plans of action, that gets intellectual
Accused of Having Multiple Selling Accounts on Amazon?
Resolving Lawsuits and Protecting Assets When Accused of Having Multiple Selling Accounts on Amazon All right, Amazon sellers, since Amazon is constantly changing and there are so many issues, we are continuously training our team as to what Amazon sellers are facing. One of the ways that we get the
Fight Back When FALSELY Accused of Selling Counterfeit Products
How to Fight Back When You Have Been FALSELY Accused of Selling Counterfeit Products If you want to know when counterfeit complaints are baseless, watch this video. Okay, Amazon sellers. So, counterfeit complaints are really easy for brands, rights owners, and brand managers to assert, even when they are entirely
Sellers Receive MISINFORMATION in Amazon Forums about Litigation
NEWS TODAY: Sellers Receiving MISINFORMATION From Amazon Forums Amazon sellers, this is news when it comes to litigation and legal claims being asserted against you. I’m really a bit upset that there’s some misinformation out there, and it has to do with the bad advice that many of you are
Has an Amazon suspension destroyed your business? The solution is here. We have hundreds of happy client reviews and many reinstatement successes.