Defending Against Listing Hijacking

If your brand has been selling well on Amazon, you are probably experiencing an Amazon hijacker selling items under your list. In addition to the obvious financial implications for your business, Amazon hijackers can do collateral damage in the form of negative criticism.

For example, a buyer can find his list and note that the “same” product can be obtained from another seller at a cheaper price. They are unaware that this “other seller” is an Amazon hijacker. To save money, they use hijacker products. Now you have lost that sale.

Amazon hijackers can hijack your list, no matter how big. And even if you’re not reducing sales because you’re out of stock, it can do a great deal of damage to your brand. Amazon hijackers are often abroad, so shipping times can have a big impact. Also, you may see a bad product review if it differs from the product you are promoting. Many sellers are unaware that Amazon shoppers often don’t immediately buy items of interest. They simply add those products to their cart. Anything that could affect the availability or price of the items in your shopping cart is automatically “saved later.”

Following strategies can help you to avoid this issue:

  • Amazon handles a large number of complaints daily and will not delete the list unless we specifically identify as the owner of the trademark in question. Registering a trademark provides the national premise of being the legitimate owner of the trademark. This greatly reduces the time and effort of deleting the incorrect list. In most cases, you can get a trademark registration for less than $500. The largest and best shield that can be placed around the product is a trademark. Registering as an Amazon trademark allows you to become an authorized seller of your product. And if you have a trademark, the process is also very easy. Besides, owning a trademark gives you access to new marketing channels, enhanced brand content, and more. And if you’re the victim of an Amazon hijacker, Amazon will respond quickly to IP breaches. Immediately prohibit hijackers from selling your product, and perhaps suspend it.
  • It is important to show your brand prominently on your product or product packaging. This makes it clear that another seller is selling a fake item on the Amazon list. Many products on the market today are “white label” products. This means that multiple Amazon sellers can order the same set of products from the same factory and brand them with their brand. Your product must be different and different from other sellers who sell similar products.
  • Amazon is very special when it comes to dismantling requests. If the recall notice does not include all the details necessary to prove that you are the owner of a legitimate trademark and that no other seller has a lawful right to the trademark, they will refuse your request and notify you that you need to resubmit more evidence. In general, Amazon does not apply exclusive distribution or other terms and conditions, so you should consult an intellectual property attorney to ensure your removal request is appropriate.
  • When trying to remove infringing content, Amazon sellers often rely solely on Amazon’s recall notification procedures. If a third party sells a fake product on a listing, it’s probably a trademark infringement. The suspension and denial letters formally inform other sellers that you infringe on their trademark rights. If the seller continues to sell the non-genuine product, you may have committed the intent infringement. The seller may be liable for expenses, legal fees, and financial damages caused by unfair sales. Dealing with hijackers on your product list can be a frustrating process that can damage your sales and, ultimately, your brand. That’s we are here for. It is important to protect your intellectual property and claim your rights against those who seek to unfairly benefit from your hard work.

How to Prevent Hijacked Listing on Amazon

A seller should protect the brand and customer by using Amazon Brand Registry. The accurate representation of Amazon helps in protecting brands through trademarks. The Amazon Brand Registry identifies the trademark for the private label product seller to prevent hijacking. The brand becomes locked within the registered brand to avoid hijackers using the listings to sell counterfeit or different products.

Amazon Brand Registry prevents a hijacker from resubmitting a product that is already registered by another seller. A private label products seller should fill the data to display on Amazon, and the content and product image become locked. Amazon Brand Registry takes a few days, but it is a worthy investment to prevent hijackers from accessing the listings. The Amazon catalog notes private label products using details such as trade market numbers, model numbers, and critical traits. The unique features of the private label products are registered on Amazon.

The use of trademarks on private-labeled goods can be divided into three parts:

  • The private labeling process: It is important to understand exactly what that means in the Amazon context. Amazon is designed to be very reseller-friendly to offer consumers the lowest possible price. Private label products must not have a manufacturer identification mark that may cause consumers to believe that the manufacturer, not the brand owner, is the source of the product. Instead, private label products must be marked with the trademark. When your purchase order is complete, we will ask an expert to do a thorough examination of your trademark approval, receive a lawyer’s draft, and file a trademark application to reserve your rights. This will be immediately reflected in the product reviews, but your brand will affect all buyers who see it. This is very valuable. Your trademark, which was just the words in the old box, makes sense to consumers. Amazon makes it relatively difficult to remove infringing products. This is probably due to the large number of complaints they receive each day. They don’t want to get involved as much as possible. As such, compliance notifications to Amazon must be tight and lined with evidence of use and ownership. At a minimum, we recommend trademark and copyright applications, preferably fully registered trademarks and copyrights, before reporting an infringement list. In the past, we have been successful in removing the offending list based on the customer’s use of the trademark in commerce and its federal branding application.
  • Amazon Infringers, Fraudsters, and Captors: With each successful listing of privately labeled Amazon products, another seller’s intent lies in seeking to profit from the hard work of the brand owner. One of the problems with using private label products is that brand owners cannot apply their brand to the product itself, so they must use the brand effectively in their packaging. As a result, it’s easy for someone else to get a product that closely resembles the actual product sold under the Amazon seller’s trademark. In some cases, the underlying generic product itself may be from the same bulk product manufacturer. This is one of the risks sellers take when offering private labels. Someone might be selling the same brand of the product under the same brand. This is a practice called “Amazon Listing Hijacking,” where Amazon sellers make sure the item sells well, are well-reviewed, and buy similar generic items for sale on legitimate brand listings.
  • Cease & Desist Letters & Take-Down Notifications: When you first notice the infringer, your first instinct is likely to attack. This may include sending an angry email, sending a fake review to the offending seller’s account and other listings, and writing an urgent deletion notice to Amazon. You have to fight these impulses. What could be an emotional explosion could be the next embarrassing viral hit on social media. The best way to continue is to take a deep breath to start analyzing the situation and start collecting evidence. The next step will vary significantly for each brand owner and seller, depending on the facts of each issue. Depending on the facts and legal analysis, the next step may include a letter of compliance or notice of withdrawal. In some cases, it may be best to send a compliance letter that allows the seller to remove the violation without being affected by Amazon.


Chris Zierhut


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