ask an expert: how to police your brand on amazon

Ask an Expert: How to Effectively Police Your Brand on Amazon

P o l i c i n g Y o u r B r a n d

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• Submit Questions In the Chat Box to the Right

• Session Recording Will Be Sent Next Week

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T O D AY ’ S S P E A K E R S

Pat PetrielloSenior Marketplace StrategistCPC Strategy

Jeff ColemanDirector, Account ManagementCPC Strategy

Kathleen WalkerCo-Founder / Managing DirectorThorn Crest

OVERVIEW

•Founded in 2007

•Recognized as an Official Google Shopping Partner

•300+ Active Retail Clients

•Top 50 fastest growing company in San Diego 3 years

CLIENTS

About CPC Strategy

SOLUTIONS

• Retail-focused Paid Search (PPC)

• Google Shopping Management

• Shopping Channel Management

• Amazon Sales Acceleration

Pat PetrielloSenior Marketplace Strategist

Former member of Amazon Seller Services Team Former professional seller on Amazon.co.uk, eBay, Buy.com Lead architect for CPC Strategy’s Amazon Sales Acceleration Program Engineered & directed million dollar revenue stream on Amazon

Jeff ColemanDirector of Account Management

7+ years experience in retail search space Oversees the Structured Data Department at CPC Strategy Oversees the CPC Training Program Founded CPC University

An advanced program dedicated to the education of retail search strategies.

Kathleen WalkerCo-Founder / Managing Director

Dynamic Leader in Intellectual Property Rights acquisition & enforcement

Over 20 years of legal experience including practice at the top rated litigation firm in the country

Takes aim at counterfeiters and pirates and uses her clients’ IP portfolio to prosecute counterfeit sellers

“Cleanse the marketplace and restore brand integrity”

Q&A Overview

• Amazon’s Role in Brand Protection

• Unauthorized Resellers & Counterfeit Products

• MAP Violations

• Brand Registry & Product Content Authority

• Protecting Your Brand as a Vendor

Amazon’s Role in Brand Protection

FAQ 1: What does amazon define as a violation?

Amazon Does Not Enforce

Detail Page Ownership and Image Restrictions: When a detail page is created, it becomes a permanent catalog page on Amazon.com that will remain even if the creator's inventory sells out.

Exclusive or Selective Distribution: Amazon respects a manufacturer's right to enter into exclusive distribution agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the retailers, it would not be appropriate for Amazon to assist in enforcement activities.

Source: https://www.amazon.com/gp/help/reports/infringement/ref=ag_xx_cont_201165970

FAQ 2: What role does amazon play in helping sellers’ protect their brands?

Reporting a Violation

If you believe this seller is offering an item different than advertised, please contact our Seller Performance Team. Any reports of a possible violation of the Amazon.com Community Rules and/or Participation Agreement are handled by our Seller Performance team. You will need to file a report with the Seller Performance team and provide an Order ID Number of a test buy that confirms your claim that these sellers are not offering the item(s) advertised.

Source: https://sellercentral.amazon.com/gp/help/help.html/?itemID=200444420&ref_=ag_200444420_h_r2_cont_sgsearch

FAQ 3: Does amazon assume any liability when a third party seller is selling counterfeit products?

Amazon Anti-Counterfeiting Policy

Customers trust that they can always buy with confidence on Amazon.com. Products offered for sale on Amazon.com must be authentic. The sale of counterfeit products, including any products that have been illegally replicated, reproduced, or manufactured, is strictly prohibited.

Source: https://sellercentral.amazon.com/gp/help/help.html/?itemID=201165970&ref_=ag_201165970_a_r1_cont_sgsearch

FAQ 4: How do I get Amazon to react to violations?

To facilitate an investigation, be sure you include the following information in your complaint, as applicable:

• The ASIN/ISBN of the item's detail page and the product title• The store or business name of the seller you are reporting• Your order ID• A concise explanation of the violation

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Unauthorized Resellers & Counterfeit Products

FAQ 1: How Can a Brand Manufacturer Directly Contact Unauthorized Resellers to Request They Remove Their Offer?

• Reach out with a cease and desist letter

• Most effective if perceived to be coming from a lawyer

• The goal is to create the perception of risk for the violating seller

FAQ 2: How Can a Brand Manufacturer Remove Sellers Offering Counterfeit Products From Their Product Detail Pages?

FAQ 3: What Actions Can a Brand Manufacturer Take Place to Avoid These Issues in the First Place?

• Amazon is a symptom, rather than a cause, of conditions which already exist upstream.

• As a manufacturer, your network of wholesalers, distributors, and resellers directly impacts what shows up on Amazon.

• Include restrictions in your distribution agreements to prohibit resellers from selling on Amazon.com.

• Where possible, raise your wholesale prices to make it financially untenable for resellers to profitably undercut your price on Amazon.

• Include serialization on your products for tracking

• Brand policing on Amazon is not a quick fix, but an ongoing effort.

• The brand manufacturer paradox: short term cash flow vs long term sustainability on Amazon.

MAP Violations

FAQ 1: What is a Minimum Advertised Price (MAP) Violation?

MAP

Minimum Advertised Price. Some manufacturers dictate that resellers cannot show an advertised price under a certain amount for their product. The selling price for your product will not be displayed on the product detail page or offer listing page if it is less than the minimum advertised price.


FAQ 2: Does Amazon Consider a Seller Listing Below MAP as a Policy Violation?

A seller can use MAP to set the minimum price for themselves, but not for other sellers.

Source: http://www.amazon.com/tag/where%20is%20the%20price/forum/ref=cm_cd_pg_pg1?_encoding=UTF8&cdForum=FxGDJ62NQQH2Y8&cdPage=1&cdSort=oldest&cdThread=Tx3S4NTJ7361EQT&displayType=tagsDetail

FAQ 3: Are There Any Technology Solutions for Tracking MAP Violations?

www.BrandShield.com

www.BrandProtectionAgency.com

Brand Registry & Product Content Authority

FAQ 1: Does the brand registry program allow a brand manufacturer to protect against other 3P sellers misrepresenting product details?

The Amazon Brand Registry enables you to:

Influence the product detail information for your branded products: As the registered brand owner, the information you submit to the product detail pages for your registered branded products is displayed automatically, which then helps you to specify the correct titles, details, images, and other attributes for your branded products.

List products without UPCs or EANs: Registering your brand enables you to specify an alternative key attribute that you can use to list your branded products instead of a standard product ID.

Source: https://sellercentral.amazon.com/gp/help/help-page.html/ref=ag_200955930_cont_scsearch?ie=UTF8&itemID=200955930

FAQ 2: Does the Brand Registry program help empower a brand manufacturer to remove unauthorized sellers from a detail page?

Note: Enrolling a brand in the Brand Registry and registering as the brand owner does not prevent other sellers from selling the branded products.

Source: https://sellercentral.amazon.com/gp/help/help-page.html/ref=ag_200955930_cont_scsearch?ie=UTF8&itemID=200955930

FAQ 3: How do I register a brand in the Brand Registry program?

Source: https://sellercentral.amazon.com/hz/catalog-brand-application/brand-application-wizard?_encoding=UTF8&referrer=ag_xx_cont_200955930

Protecting Your Brand as a Vendor

FAQ 1: If an offer is "sold by Amazon", is it possible it is an unauthorized reseller?

Only the brand manufacturer themselves or authorized distributors with explicit permission from the manufacturer can be vendors to Amazon.

FAQ 2: How are some brands able to get higher levels of protection, such as UPC requirements?

Designated Brands Requiring UPCs

[Amazon’s] research shows that duplicate listings caused by missing or invalid UPCs make it more difficult for customers to find, evaluate, and purchase products. To improve the customer experience, starting on February 19, 2014, [Amazon] will require a valid UPC (or other Standard Product ID) for new and existing listings of designated brands in all categories.


FAQ 3: As a vendor, is there any way to “clean” up duplicate versions of my products on the Marketplace?