When Amazon Sellers Face False Counterfeit Allegations - Guidance from CJ Rosenbaum
In my years of helping Amazon sellers, one of the most damaging—and often unfair—violations I have seen is the false counterfeit complaint.
Even when every product is genuine, Amazon may remove listings or suspend an account if a brand owner or competitor files an incorrect counterfeit claim.
What Are False Counterfeit Complaints on Amazon?
A false counterfeit complaint occurs when an owner of a brand has incorrectly identified a legitimate product as counterfeit or when the automated system at Amazon is incorrectly flagging an authentic product.
In my experience, a majority of these types of complaints come from:
Competitor Attacks – Sellers file false claims about their competitors to reduce competition and limit the sale of competing products.
Rights Owner Mistakes – An owner of a brand has incorrectly identified a legitimate item as a counterfeit.
Amazon’s Algorithm Errors – Automated systems are failing to recognize authentic products as being authentic.
How False Counterfeit Complaints Impact Amazon Sellers
There are a number of problems that can come as a result of a false counterfeit complaint within the Amazon enforcement process.
Removal of Listings – An account is flagged, which will result in a list being removed immediately.
Suspension of Accounts – Multiple or repeated complaints will ultimately result in total suspension of an account.
Loss of Revenue – When an ASIN is deactivated, this results in lost revenue, and consequently, a loss of rank.
Brand Damage – False complaints negatively impact how people perceive your business (specifically, your ability to sell) and lead to reduced buyer confidence.
HOW TO RESPOND TO A FALSE COUNTERFEIT COMPLAINT
Amazon Counter Vendor Complaint Actions – Create a verified Plan of Action (POA) to defend yourself against the complaint and support that defense with invoices, evidence of authenticity and/or any other form of correspondence with the copyright owner.
Cease & Desist Legal Notice Responses – Typically competitor letters, we respond with formal legal correspondence and cross-documentation addressing the competitor's original letter.
Ongoing Protection – We assist sellers in developing compliance systems to avoid repeat claims and maintain their good name on Amazon for a long time.
DMCA Counter-Notices & Reinstatements – Our attorneys file DMCA Counter Notices against unauthorized suspension actions giving back legitimate sellers their products as quickly as possible.
HOW TO PREVENT FUTURE FALSE COMPLAINTS
Keep all invoices in your possession for 365 days and use digital storage for easy access.
Regularly audit listings and product identifiers for brand accuracy and UPC accuracy.
Register your trademarks via Amazon's Brand Registry to further increase your credibility.
Frequently Asked Questions
It occurs when a seller is incorrectly accused of selling counterfeit products.
DISCLOSURE
This content is written by CJ Rosenbaum, founding partner of Rosenbaum & Segall, P.C., and author of seven books for Amazon sellers.
It reflects my personal experience assisting sellers with false counterfeit claims and reinstatement procedures.
All information here is educational and not legal advice.
For formal representation, visit AmazonSellersLawyer.com.