Great news for Amazon sellers: Amazon is still refusing to enforce most exclusive distribution agreements.

One of the great things about Amazon for you, the Amazon seller, is that if you can get a better deal on sourcing and you could undercut the brands on price, you can get the Buy Box, you can get the sales and you can make the money.

Now, what do brands do? Brands will often then assert counterfeit complaints against you, totally baseless ones, but they will assert counterfeit complaints against you that you then need to get retracted and passed on Amazon to get your listing/account back.

So one of the arguments that we find to be very, very successful is demonstrating to Amazon staff in India… And again, I have met dozens of Amazon’s employees in India, in person, without Amazon’s permission. What you want to do is to persuade them that this is clearly not counterfeit.

“Here are my invoices. Here’s my supply chain. This is really this brand trying to prevent other sellers from giving Amazon’s consumers better pricing.” It’s all about a distribution agreement which Amazon is not supposed to enforce, because it is bad for the consumers.

So Declan, great win getting this seller reinstated who faced issues with distribution agreements on Amazon.
Amazon sellers, keep an eye out for counterfeit complaints or other methods of brands trying to get rid of you simply because you are beating them on price, getting the Buy Box and taking their sales.


The attorneys of Rosenbaum, Famularo & Segall, PC, offer a wide range of legal services tailored to online businesses including: Business Agreements, Non-Disclosure Agreements, License / Distribution Agreements, Intellectual Property Assignments, Contract Drafting & Reviewing, Contract Negotiation / Disputes, Employment Law, Sale of Business