You’re absolutely right in citing the principles of EU law, parallel importation of genuine goods within the EEA is legal under the doctrine of exhaustion of rights, and trademark holders generally cannot prevent resale once a product has been lawfully sold in the EEA.
However, Amazon’s enforcement sysstem doesn’t align with the legal principles, especially when it comes to automated IP complaints and brand protection tools like Brand Registry.
Even though you may be legally in the right, Amazon tends to act in favor of brands that file complaints, without reviewing the legal nuance or verifying whether the complaint violates EU trade law.
I wouldn’t waste my time appealing though Seller Central. You should hire a solicitor, send a formal letter to the legal department and to the complaining party.
It will always take some time to find a solicior to assist you. 9 out of 10 won’t get back to you when you are an individual seekingnto hire them. It will take you a few days of phoning multiple law firms and inquiring. My recommendation is that you visit a law firm in person.
Most parties will settle or cease and desist after first letter.
Did you send a letter to Amazon UK as well? If the companies ignored you, you could file the case, at that point they will get back to you. They are legally required to respond to LBAs and it would place them in a bad light in court.
thank you for joining here! I see you are dealing with some really bad brands. Where did you source the products, directly from the manufacturers or where?
So, did you source them in the UK and resell them in Europe or source them in the UK and resell them in the US?
Did you have any agreement in place concerning where you were approved or going to resell these products?
What is your business model? Are you purchasing wholesale (for lower than retail) or through arbitrage (purchasing retail)?
Regardless of the business model, you chose some aggressive brands. I wouldn’t touch any of those two.
Both are selling trendy products that are not routinely bought and so I would be surprised if they were looking for resellers.
Cinereplicas sells a small variety of licensed movie collectibles. You can find those much cheaper and better from different suppliers. Look at https://www.javoli.com/
Thank you for the welcome and thank you for the message.
We source from legit distributors and within driving distance, so all sourced within the EU, so the term Parallel Import is actually a joke.
Yet on the german seller forums, they tend to agree to Amazon, until I manually beat them up post by post…
That’s correct. But Amazon will not reverse the complaint unless you appeal.
Any infringement complains require proof of authenticity of the goods.
Since you haven’t responded to my earlier questions about the origin of the goods, it seems like you purchased them retail and you sold them on listings belonging to the rights owners.
Without invoices, Amazon will not reverse the complaints. However, if the goods are authentic, then you could take the rights owners to court and win.
I did respond, but you might have missed it:
“We source from legit distributors and within driving distance, so all sourced within the EU, so the term Parallel Import is actually a joke.”
Concerning taking the brand to court, they have multiple offices, but it seems the HQ is in Hong Kong…
Two nights ago they disputed 16 asins and last night another 10 or so.
They just don’t stop.
Also, Amazon finally got back from their multi week enquiry that went apparently several levels deep…
I thought I would explode: well, they are the legit brand owner, because they use the .com email in their complaint (nuts!?).
So send in LoA or invoice or apologize.
For this I needed to wait several weeks.
Anyhow, there are several signs (not 100% clear proof) that a specific seller on Amazon and the brand owner are very well connected, and very possibly the seller on Amazon has been given the rights by the brand to complain on his behalf.
You need to appeal with the invoices, otherwise these complaints can get your whole account suspended.
Doesn’t matter. Were all the ASINs removed from the UK site or EU sites? Are you UK based?
If you are UK based, it doesn’t matter where they registered their “virtual company”. If they have any address in the UK, this is where they can be served with a lawsuit.
This is a clear case, meaning that as soon as you file the case, they will hire a counsel, who will advise them to settle.
Don’t worry, they won’t drag the case to the trial when you are in the right. Seek an injunction from them submitting additional complaints.
Mail a copy of the lawsuit to the Amazon UK Legal Department.