Amazon Listing Hijacking

Amazon listing hijacking is an issue that sellers face on Amazon’s online marketplace. It occurs when another party attaches themselves to the brand owner’s legitimate listing in order to sell an unauthorized or counterfeit version of their product.

What are the effects of Amazon listing hijacking?

Amazon listing hijacking can have a range of negative effects on legitimate sellers. For instance, those who fall victim to Amazon listing hijacking can suffer a loss of revenue as sales are siphoned away from legitimate listings by unauthorized or counterfeit products.
Legitimate sellers may also experience reputational damage if listings are hijacked. This is because lower-quality products sold under the original seller’s name can result in negative reviews, tarnishing consumers’ perception of the brand.
Additionally, victims of list hijacking may incur financial costs as a result of needing to take legal action to protect their listings against other parties.

Is Amazon listing hijacking illegal?

Yes, it is illegal to commit Amazon listing hijacking. This is because the act involves a breach of laws that exist to protect legitimate sellers and consumers against deceptive practices. Depending on how exactly the act is committed, Amazon listing hijacking commonly encompasses the following violations.

• Trademark infringement: The hijacker utilizes the name, logo, or tagline of a brand without the owner’s permission, violating the rights of the trademark holder under intellectual property law.
• Copyright infringement: The hijacking party replicates product descriptions, images, or other creative content of the original seller, violating the rights of the copyright holder.
• Consumer fraud: The hijacker sells unauthorized or counterfeit versions of products that are falsely presented to consumers under the brand name of a legitimate seller.

In addition to these violations, listing hijacking also breaches Amazon’s seller policies, which explicitly forbid the practice. In instances where a seller is found to have committed listing hijacking, Amazon will ban them from the marketplace.

What can be done to counteract Amazon listing hijacking?

To combat Amazon listing hijacking, sellers can take proactive measures to remain vigilant against the practice. Those with a registered trademark can enroll on the Amazon Brand Registry, a free platform that allows brand owners to manage their intellectual properties on the marketplace. Using the registry’s search and reporting tools, sellers can monitor their listings and file complaints with Amazon to ensure that violations are addressed on the marketplace.
In addition, sellers can seek legal assistance regarding their intellectual property rights. If another seller is found to have committed listing hijacking on the Amazon marketplace, the original seller can issue a cease-and-desist order to mandate that the offering party stop their activities. Should that prove ineffective, the original seller may take further legal action and litigate to have their intellectual property rights enforced.