Unauthorized seller removal: what works, and what doesn't

The basics

Few brands like competing against other people selling their products on their own sales channels. But on Amazon and many other platforms, the platform itself generally won't step in to stop someone from reselling genuine products.

The hard news: first sale doctrine

For years, some companies used copyright and trademark reports to remove sellers offering products that were likely genuine, simply because those sellers weren't authorized.

The first sale doctrine allows someone who legally buys a product to resell it. Once a genuine item is sold, the brand's copyright in that item is exhausted, and a reseller can accurately use the trademark to describe what they're selling.

Using IP complaints to remove genuine products violates platform terms of service. Brands that have done it have lost access to tools like Amazon Brand Registry, which makes it harder to stop the real counterfeiters.

# akasha-bustem· Slack · Bustem, you and 3 others

BustemAPPMon 9:00 AM

That seller's units look genuine, so a trademark report would break platform rules. We'd hold off.

PR

Priya9:12 AM

They're not authorized, though.

BustemAPP9:20 AM

Genuine stock can be resold, and a report could cost you Brand Registry. We'll look at the others first.

👍 1

Taking control: when the seller may not be legitimate

Many unauthorized sellers aren't as legitimate as they appear.

High-volume, low-price sellers. Some sellers start with genuine stock and later swap in counterfeits. If there's no realistic way a seller could offer high volume at that price legitimately, we can coordinate test purchases to check authenticity. Once a fake is confirmed, it can be reported to the platform as a counterfeit, which removes the threat that seller poses.

Sellers using your photos. Resellers on sites like eBay often use photos from your original listings to look more legitimate. Your product photography is protected by copyright, even when the product itself is genuine. Enforcing that copyright removes the listing and forces the seller to take their own photos, which often reveals counterfeit product that was hiding behind stock images.

Bustem

99+

Amazon · Listing B0D4K7QX2M

Akasha Sea Moss Glow

Sellers on listing2

Counterfeit removed2

Buy BoxYours

SellerPriceStatus

AkashaBrand owner

$34.00

Brand owner· FBA

Vita DirectAuthorized reseller

$33.50

Authorized

BulkVita-USNo lot code

$17.99

Removed

NutriHavenUses your photos

$15.20

Removed

When the goods are genuine: a distribution issue

If none of those situations apply and the seller is likely offering genuine products, the problem is channel distribution, not infringement. There are still options:

• Parallel import and gray market laws. In countries or regions with gray market protections, products sold outside their intended market can sometimes be enforced against.
• Vendor and reseller agreements. If your agreements stop authorized sellers from reselling on certain platforms, we can help identify which authorized partners are breaking those terms, so you can take action.
• Seller outreach. We contact unauthorized sellers to learn where they got your product, sometimes through invoices or voluntary disclosure of their source.

Protecting the Buy Box starts with your own supply

The only way to stop a seller who buys genuine product from you and resells it on Amazon is to control your own supply and distribution. If you run deep discounts through your main channels and see bulk orders, consider:

• Limiting order quantities on discounted products
• Inviting bulk buyers to become authorized resellers, with clear terms
• Enforcing your MSRP and reseller policies to keep a fair playing field on the channels that matter most