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Amazon's policies promote counterfeiting

elevationlab.com

211–220 of 230 posts

Re: Amazon's policies promote counterfeiting

#211

Earlier quoted context omitted.

Those don't look like counterfeits.

Well, the top listing is manufactured by "Wishpower" so I'm gonna go out on a limb and say it's probably not Google.

That listing explicitly states "this isn't a Chromecast".

Re: Amazon's policies promote counterfeiting

#212

Earlier quoted context omitted.

Those don't look like counterfeits.

No ? Let me find the first 10 links matching "Chromecast". [1] ONLY the 1st and 3rd links don't have misleading/deliberately confusing or outright stolen trademarks on them (but they aren't chromecasts). Examples include the "G" on 5 and 6 in the font Google uses or the Youtube logo on 7. Examples of outright stolen trademarks include links 2, 4, 8, 9 and 10 all have the Chrome logo. For completeness, the (only) actu…

There's quite a few bits of trademark infringement, but they're not calling themselves Chromecasts in the title nor the manufacturer field.

When I think "counterfeit", I think listings like this: https://www.amazon.com/dp/B008ALAAV0/

Manufacturer: Apple. Title: Apple. Reviews: "arrived broken", "opened it up and it was fake", "Apple said it was a fake", etc.

Re: Amazon's policies promote counterfeiting

#213
post #175

Earlier quoted context omitted.

From my own experiences, and the various answers available on Amazon forums, Brand Gating is a black box. There is no one you can talk to in order to request it, and for now it seems to be an invite-only program. Somewhat perversely, someone claimed on the forums (I’ll try to add the link if I find the topic), that one way to get brand gated is to buy up the counterfeit products being sold under your listing/ASIN, an…

why do you need to provide photocopies to initiate DMCA takedowns? I thought one of the complaints about DMCA was that it was ridiculously easy to do to someone, but Amazon has made it difficult for you? I wonder if it would be easier for someone not selling through Amazon and thus not dependent on them.

You'd think this would be an unnecessary step, since we provided a link to the USPTO filing, and we provided our incorporation documents when becoming a vendor.

The issue with the Amazon case management system is if you encounter a customer service rep who has no idea who you're talking about, there's no way to escalate the support case at all. There's no live person to talk to. So, you end up playing roulette, often having to submit the same case multiple times until you get a rep who is able to help.

Re: Amazon's policies promote counterfeiting

#214

Earlier quoted context omitted.

That's a great option until you realize they can close your Amazon account for chargebacks, which in my case would mean the loss of thousands of dollars worth of Kindle books.

You know you can download them and remove the DRM.

Sure, if I thought to do that before the chargebacks. I'd also better have an iron-clad backup strategy for the now irreplaceable files.

What about the non-technical user who disputes a charge, doesn't even know what DRM stands for, and finds themselves in this situation?

Re: Amazon's policies promote counterfeiting

#215

Earlier quoted context omitted.

That's a great option until you realize they can close your Amazon account for chargebacks, which in my case would mean the loss of thousands of dollars worth of Kindle books.

Then find a lawyer to sue them?

The "fight a multi-hundred-billion dollar corporation's legal team" approach has pretty dismal success rates.

Re: Amazon's policies promote counterfeiting

#216
post #4

I ordered an instant pot on amazon. instant pot box shows up, with mfr.s packaging.... I opened it and similar-looking - but much cheaper - chinese knockoff was in box. if amazon's customer service wasnt so good i would have dropped them already. (I know it's not them making the mistake, but still..) however I buy stuff there much less frequently now since i have no way to know if I'm getting counterfeits for certain…

This is a really important point that Amazon seems to completely ignore: counterfeit goods aren't just a ripoff, they're downright dangerous . A fake instant pot could burn your house down or scald you when it fails to depressurize properly; a fake phone charger could overheat and catch your bedsheets on fire; a fake smoke alarm could fail to detect smoke properly and not activate in time to save someone's life. I ca…

Agree with the rest, but the US is not highly litigious, common misconception, probably created by corporations trying to defend themselves from "frivolous lawsuits".

Re: Amazon's policies promote counterfeiting

#217
post #85

Earlier quoted context omitted.

Did you read your own link? "We do not enforce ... Detail Page Ownership ... Exclusive or Selective Distribution." As long as the counterfeit is good enough, don't bother complaining: "Other sellers can list their items for sale against pages that you have created or added your copyrighted images to. However, we do require sellers to list only against detail pages that exactly match their items. If you believe seller…

> Why do the counterfeiters get to use your own picture of your own product? Because Amazon claims the rights from you: > > "Additionally, when you add your copyrighted image to a detail page, you grant Amazon and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all rights of publicity over the material." IANAL, but that sounds very thin. Maybe it would hold up under c…

And then your tiny business can initiate a trademark action against a multi billion dollar company with more lawyers dedicated to defending trademark actions than you have entire employees.

A remedy that is impossible to get in practice is no remedy at all.

Re: Amazon's policies promote counterfeiting

#218

Earlier quoted context omitted.

I think it could be CONSTRUED as a racist comment, but the person thinking of it that way would be really stretching, in my opinion. 1. All of these counterfeit items are coming from China. 2. The legit seller is ElevationLab, which "suiningdonghanjiaju Co Ltd" is not. 3. "suiningdonghanjiaju Co Ltd" is a Chinese name. 4. "suiningdonghanjiaju Co Ltd" is a very customer-unfriendly name -- not something you'd see from…

Incidentally, is "Co Ltd" even a meaningful designation for a Chinese business entity? I usually see it for British or Japanese companies.

Yes, especially those based out of Hong Kong for similar reasons (formed during the British Empire/occupancy/what-have-you).

Re: Amazon's policies promote counterfeiting

#219
post #6

This is ruling out Amazon for so many categories of product and has been going on for years. Yet they don't seem to be bothered. So now I look on Amazon, then see if I can buy direct or from a different retailer.

I've seen this especially in the power charger category... Apple power chargers I end up always just having to go to the Apple Store for now. Sigh. I want to use Amazon, but have had so many sketchy "Apple" products sent my way.

It's really anything branded as by "Apple" on Amazon.

Look at the reviews of the Apple Thunderbolt Cable [1] -- 40% are 1 star reviews and many mention the cable being fake.

Similar story on the Apple USB Ethernet adapter [2]. I bought one a few years back and it identified itself with Chinese lettering in System Preferences.

Ken Shirriff did an amazing teardown of fake Apple chargers [3] and found a number of safety hazards relating to high voltage isolation. Teardown of the USB Adapter [4] found it used a part that doesn't exist (label does not match any known package for that IC).

1: https://www.amazon.com/Apple-Thunderbolt-Cable-2-0-White/dp/...

2: https://www.amazon.com/Apple-USB-Ethernet-Adapter-MC704LL/dp...

3: http://www.righto.com/2014/05/a-look-inside-ipad-chargers-pr...

4: http://projectgus.com/2013/03/anatomy-of-a-cheap-usb-etherne...

Re: Amazon's policies promote counterfeiting

#220

Earlier quoted context omitted.

There are tons of new tools for brands that were launched in 2017 to help brands proactively prevent this sort of behavior. Apply to the brand registry with your trademark info and you’ll have access to tools to proactively protect your brand. Amazon is taking this sort of behavior very seriously and has added systems in place to help prevent this. In addition to the brand registry you might also want to check out th…

Is anyone else disturbed that somebody would create a throwaway account just to defend Amazon practices in this submittal's comments?

No. Despite it being a defense, sometimes its not worth shining a light on yourself or maybe they just don't feel comfortable speaking out.
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