Amazon’s “Open Market” policy means it’s “Open Season” on your intellectual property.
Since the rollout of the new Amazon Open Market policy large and small brands alike have been crushed under the weight of Chinese counterfeits. The new Amazon policy prevents the “Gating” of brands and has turned the marketplace into an online flea-market.
The sales of T-Shirt Bordello on Amazon have been cut by 95% as a result of this policy. Amazon support says they are not responsible for nor do they have the technology or resources to prevent counterfeit items from getting into the hands of the buyers. This indifference is plain to see in the email from Amazon support posted below.
I have highlighted the most amazing parts to make it easier to read.
Thank you for contacting Amazon seller support. My name is Sharan and I will be assisting you today.
I understand that you would like to restrict the Brand: T-Shirt Bordello on behalf of the brand owner as there are no re-sellers for the brand.
Please note that with regard to brand gating, as per the new policy introduced, sellers will not be able gate their brand as Amazon is a free market place and we do not restrict sellers from selling the same product with different offers in order to provide our customers with a wide catalog of options.
However, you might see other Brands Gated on Amazon, the reason being we would have received complaints from the Seller/ Buyer, hence in order to protect and ensure buyer satisfaction the Brands will be gated.
Hence if you face any infringement or other seller misusing your Product, you may write to us. I have provided more details below:
Amazon respects a manufacturer’s right to institute policies and rules to manage and control the distribution of its products. However, Amazon considers the enforcement of these policies and rules to be a matter between the manufacturer and the retailers. As a result, it would not be appropriate for Amazon to assist in such enforcement activities. You may contact any seller directly through Amazon.com’s website by selecting their storefront name and then clicking on the ‘Ask a Question’ button in the upper right-hand corner.
Please note that we do not consider the use of a product’s name to sell that product to in any way constitute copyright or trademark infringement.
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. Please do not use the terms “trademark” or “copyright” in reports regarding products that are different from the detail page as this may cause a delay in the resolution of your report.
Please contact the Seller Performance team through the following form: