Amazon Says Counterfeit Products OK On Its Websites

Amazon sets its own criteria to allow counterfeits product to remain

April 3, 2020 - Los Angeles, CA – Amazon provides a safe-haven for bad actors and counterfeit sellers in shocking contrast to its patently false and self-congratulatory sanctimonious claim, "Products offered for sale on Amazon must be authentic. The sale of counterfeit products is strictly prohibited."

Research by The Counterfeit Report, a global award-winning consumer advocate and industry watchdog, exposes Amazon's all-too-common practice of ignoring counterfeit complaints. Amazon snubs brand-owners with its fabricated excuse;

A trademark exists from its first use, with or without registration.

A trademark is a distinctive design, picture, emblem, logo or wording (or a combination) affixed to goods for sale to identify the manufacturer as the source of the product and to distinguish them from goods sold or made by others. Registration is not a requirement, but a means to prove first use and ownership. Global trademark protection exists under a patchwork of treaties, national laws, and trade agreements. The lack of registration in individual countries is not an excuse for Amazon to facilitate and participate in criminal behavior. The counterfeit items are still advertised and shipped worldwide to deceived consumers.

Amazon's Corporate Counsel, Annasara Purcell, confirmed the deceptive practice in her response to The Counterfeit Report, writing; "We remove suspected counterfeit items as soon as we become aware of them, and we remove bad actors from selling on Amazon," but only some, adds Ms. Purcell; "trademark rights are jurisdiction specific and the fact that a brand has rights in one country is not indicative of comparable rights worldwide." The comments were echoed and endorsed by Amazon CEO Jeff Bezos. It's hard to reconcile with Amazon's "Products offered for sale on Amazon must be authentic." policy.

For example;

For over 20 years, U.S. based Drew Technologies, Inc. has been a world leader in vehicle diagnostic and reprogramming interface tools, cables, and accompanying software used by manufacturers, dealers, experienced technicians, service centers, and independent mechanics. Their registered trademarked and patented $495 Mongoose® Pro cable and software kits have integrated complex processors with accompanying software to program hundreds of critical vehicle functions, including braking, airbags, steering, safety features, emissions, and performance for the major auto maker's vehicles.

Along with success come the counterfeits on Amazon. The fake products may contain malware, damage or destroy expensive vehicle computers and components, and alter safety features on your vehicle or the vehicle next to you.

The Counterfeit Report sent over 3,300 counterfeit notices for 43 counterfeit Mongoose listings, including the counterfeit purchased below to Amazon and two Amazon Global Brand Managers. Amazon's response; "The intellectual property right registration numbers you provided for US,CA,MX,UK,DE,ES,FR,IT,PH are not registered in the rest of jurisdictions you are targeting." The counterfeit remains and can still be purchased on Amazon's worldwide websites and delivered to the U.S.

Shown: Amazon Listing ASIN B07TT5KR5T 11-5-2019 -- Counterfeit Mongoose Pro diagnostic cable

What makes this particularly appalling is that The Counterfeit Report, the authorized agent for the brand-owner, did just that, purchasing 35 counterfeit Mongoose products to memorialize Amazon's shady practices;

• The Counterfeit Report purchased counterfeit Mongoose® kits from three different Amazon sellers, registered in Pennsylvania or Texas, and selling on Amazon's U.K. website. -- Amazon says that's OK.
• The Counterfeit Report purchased the counterfeit Mongoose® shown from Amazon's Germany (.de) website and delivered to the U.S. from China. Months later, the listing and seller remain. Amazon's "Executive Customer Relations" responded, "Please be assured, the type of seller activity outlined in your correspondence isn't tolerated by Amazon.de. Sellers aren't permitted to list counterfeit goods on Amazon.de Marketplace." Another lie.
• The Counterfeit Report also made counterfeit purchases from other Amazon worldwide websites from sellers registered in China and delivering to the U.S. -- Amazon says that's also OK.

Sadly, this dangerous and potentially deadly counterfeit item and accompanying software probably won't gain any consumer attention.

There are 130,000 brands fighting Amazon counterfeits while Amazon routinely introduces new counterfeit programs; Brand Registry, Project Zero, and Transparency. Some are pay-to-play programs. Behind the illusory fanfare and chest-pounding, consumers and brand-owners are paying the price of failure.

Amazon is a company the world can't trust. Amazon built its global empire, in part, by flooding the consumer marketplace with an inexhaustible supply of counterfeit, fraudulent, and replica merchandise, OTC drugs, and books. The global giant is both a direct retailer of the fraudulent goods, e.g., "ships from and sold by Amazon.com" while also enabling and facilitating global criminals, counterfeiters, and scammers to manipulate its hyper-competitive environment with scams, fakes, replicas, and fraud.

Amazon provides a platform for fraud because Amazon makes money allowing fraud and taking a transaction fee for each fraudulent item sold. And it's working. Amazon made $11.2 billion in profit in 2018 and $5.6 billion in 2017, yet paid no federal income taxes. There is no incentive to clean-up its cesspool of fakes, fraud, and scams, they make too much money.