Brands Misusing Exclusivity Agreements to Justify Counterfeit Complaints
Travis Stockman, managing attorney at Rosenbaum Famularo, PC, the law firm behind AmazonSellersLawyer.com, talks about exclusivity agreements misused by brands against sellers.
What is an exclusivity agreement?
Exclusivity agreement means an agreement between parties to purchase goods exclusively from the specified seller in the agreement. Hence it dictates that seller is the exclusive supplier of such goods to buyer.
Far too often brands are misusing their exclusivity agreements, their online sales restriction, in order to justify a complaint for counterfeit sales.
When individuals are selling genuine items, too often these brands are filing complaints without first sending any type of cease and desist letter, without taking a few minutes to perhaps email or contact the seller to inquire as to where they are getting the goods. Rather than doing any of these due diligence, they simply file a complaint which could have extremely harmful effects to the seller’s Amazon account.
Now, when they allege to this third party without your authorization that you’re engaging in the trafficking of counterfeit goods, that could amount to a claim for defamation.