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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116707
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am selling my private branded product on amazon dollars

Customer Question

I am selling my private branded product on amazon for 20 dollars and someone comes up to sell it for 40 dollars (obviously he won't get a single sale) after placing an order from them I realized that they can't even ship the product, they are just drop shipping the product from my own store (they buy it from me and add my shipping address to the order they are placing from me.
According to the amazon rules this is not allowed, here is what amazon is stating in their terms and condition"Examples of drop shipping that is not permitted:Purchasing products from another online retailer and having that retailer ship directly to customers; or
Shipping orders with packing slips, invoices, or other information indicating a seller name or contact information other than your own.
Failure to comply with these requirements may result in the suspension or removal of your selling privileges."So according to amazon they are not allowed to do that.
I personally have a feeling the reason they are doing this is just to harm the product listing, or to do any other harm (as a matter of fact, after a few months, they filed a lawsuit against me, for asking them to proof their legitimacy).Also the fact that the negative reviews for the product has risen with 75 percent since they listed the product is also proving me that they are doing something.After I sent them my first email asking them to declare the reason of there proposing like they are selling the product, while they know that they will never get any sales, and the fact that we never sold the product to them, they replied that they are going to file lawsuit against me, which they ended up doing, is another proof that they are just fakers.As a matter of fact they did post a negative review under there own name against my product (that same weekend the summons was delivered to me) and they say its not them (obviously) and I really can't prove that it's them, might be someone with the same name (but facts talk for them selves)I do not want to be busy litigating, but unfortunately this is the case here.Is there any way that I can find something to proof that they are doing something against the law by offering the product, that a judge might accept as a good cause to just dismiss the case?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What are they suing you for, since it is your product and you can sell your product to whomever you want to sell it to?
They have to have some legal basis for the suit, that would be where you would attack to dismiss. It is not illegal for them to try to sell your product at such a high price nobody will buy from them, that is just stupidity on their part and why they would be suing you is beyond me as well.
Customer: replied 1 year ago.
Basically at first they claimed that they are are going to sue me based on the fact that I just want to stop them selling my product and it is against the lanham act.
They ended up claiming that I made claims that they counterfeit the product (lie) and those claims harmed there business (lie).
But this is not the point here, I am going through the papers and want to clearing every single point for my self.Here is what they are writing."Nature of Action
This action seeks a declaratory judgment, pursuant to Fed. R. Civ. p. s7
and 28 U'S'C' S 2201, that Plaintiffs sales of 'PGC,, does not
violate the Lanham Act, 15 u.s.c. ss 1114, et seq., and further aileges unfair
competition and violation of the connecticut Unfair Trade practices Act (CUTPA"),
Conn' Gen. Stat- S 42-110a et seg., by the Defendants. plaintiff seeks a declaratory
judgment, injunctive relief to enjoin Defendants from future/ongoing violations, and
monetary damages."I would love to find some illegal action in what they are doing.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I would answer the suit with a motion to dismiss under Fed. R. Civ. Procedure 12b, for failure to state a claim for which relief can be granted, since this is your own product and you have the right to sell to whomever you choose.
Of course, if you are a company, you must be represented by an attorney in any suit against your company. If you prove that this suit is frivolous and you get it dismissed, then you can file a motion for sanctions against them under Fed. Rule of Civil Procedure Rule 11, for filing harassing pleadings.
That is your recourse here. You have a right to sell your product to whomever you choose and the claims you state above are just to harass you.
Customer: replied 1 year ago.
I get it but they are not claiming that I did not want to sell it to them, this is not the case here. However they claim that they want to be selling my product on amazon (while in matter of fact this is just harassment, and at every single step of the way they mentioned that they want to create a lawsuit against us)
Is there any law against that? is that enough proof for a judge to dismiss a case?
Is there any way I can say in court that they were not legit sellers of the product and therefore they should not be granted the right to continue posing as someone who sells the product while they are actually not?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
They have NO CLAIM for what you say they are claiming, that is what the motion to dismiss under 12b is about, they have nothing that the court can do to order you to do anything. I said that above.
Customer: replied 1 year ago.
Can I keep them back from selling the product that I manufacture?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, I also said that above, you do not have to sell anything to them if you do not want to sell it to them.