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I just stumbles across this forum whilst researching EAN ownership. I have been trading in Amazon seller central for 18 months very successfully via selling my own products, which were initially branded with an unregistered trademark but are now registered with a Trademark. Another seller listed on one of popular ASIN's and because I had ownership of both the EAN (bought from GS1) and had branded my items his item could not possibly be a 100% match. This was reported to Amazon and the guy was removed. He came back on my ad and was removed again. After then he threatened legal action if I removed him again, which I duly did. He received a 30 day suspension and took me to court for 'lost profit' of that missed month. I duly defended this claim and countered on the basis that he was 'passing off'. The guy then came back on Amazon and listed again. 3 more times he was reported and therefore was banned from Amazon. After a couple of month he withdrew his case but I continued with my counter. After all he had been listing on my advert for 2 months and had taken some sales away from me. This case is now going to the court. What I would like assistance on is the legality of EAN use. On a previous reply one member states that the first 5 digits of an EAN are allocated to the company who buys them, so therefore if that is correct it would correct for Amazon to remove the other seller from my adverts as only I could list on that ASIN created with EAN numbers I own. I have spoken to Amazon and they have confirmed this but their legal team only refer me to their participation agreement, which eludes to 'database rights'. What I need to know is how much these database rights within Amazon's participation agreement can be attributed to EAN ownership and what rights EAN ownership itself brings? I am going to court soon so want to make sure my argument is 'watertight'.
Thanks
You are correct in your assumption that everyone has the right to sell an identical product, however, Amazon have provided written verification that a seller who owns an EAN has the sole right to sell on that advert, unless they wholesale to different sellers.
Even if the other item being sold by another seller looks the same it cannot be the same materially as that seller does not own the EAN number and therefore is infringing.
how can another person get their hand on it to also offer on Amazon?
The next point is that if you buy a product from a factory and you put your own barcode on it (regardless of whether one exists, or not), then someone else imports the same product and sells the item under your barcode/amazon listing
It's a little bit of an enigma really-it's quite easy to get going at a basic level but if you want to expand it's like trying to get blood out of a stone:|
I have always been a big supporter of Amazon, but they really do need to start policing it so that certain products only have one number and that all vendors follow the same rules. As an example, each product/colour/size should have one listing but with variations instead of multiple entries for each size, colour etc. I am finding that not only is the search facility getting blocked up but also that my products are being squeezed out
Time to push your own site a little harder I think...
Mister B
Does anyone know what you have to do to br allowed to sell items in a restricted category on amazon i.e. what criteria you have to meet to get that status?
Couldn't agree more.I couldn't agree more Mister B
Amazon is ok but you will get further with your business if you spend time on your own sites rather than fighting what sometimes seems alosing battle with Amazon.
Hello Is Anyone Still Using This Foram? Lol!
I have now confirmed with amazon that if anyone sends them there standard form saying another seller selling an item violates there interlectual property rights it is Amazons policy to believe them whatever and not check anything.