Over the past month, I’ve been dealing with one of the toughest hijacker situations I’ve ever seen for a client.

Before I share the step-by-step playbook, I want to clear up some definitions about what a "hijacker" can mean:

Hijacker: a catch-all term sellers use for anyone who jumps on their listing without permission which can mean:

• Reseller - Buys your product legitimately (e.g., wholesale) and resells it.
• Counterfeit Seller - Sells a product that’s not your product but claims it is.

Here’s the tricky part - in the U.S., the First Sale Doctrine says that if someone buys your product legally, they can resell it - unless there’s a "material difference" between what they sell and what you sell directly.

Okay listen closely because understanding what a "material difference" means can be your golden ticket to removing hijackers.

Think of “material difference” like this:

If you ordered a Lego set from the store and when it arrived:

• The box looked different
• Pieces were missing
• There was no instruction booklet
• Or the set was opened and dusty

…you’d care, right? It’s still “Lego,” but your experience isn’t the same as buying it brand new from Lego directly.

That’s what material difference means - something about the product, packaging, or experience is different enough that a normal customer would notice and care.

On Amazon, that’s important because:

• The First Sale Doctrine lets someone resell your real product.
• BUT if you can prove there’s a material difference (missing warranty, wrong packaging, worse condition), you can argue they’re misleading customers and damaging your brand.

It’s less about tiny details… and more about,

Without proving a material difference, Amazon may not remove them.

Cool now let's talk about what you should actually do.

The Playbook

1 - Confirm it’s a counterfeit seller

• Check the seller info

• Order their product to confirm if it’s counterfeit or materially different

2- Gather evidence

• Take photos of the product you receive and compare it to yours

• Highlight packaging, inserts, quality differences, and any missing items

• Screenshot their offer and seller profile

3 - Use Amazon’s Brand Registry (brandregistry.amazon.com)

• Brand Registry → Report a Violation (choose IP infringement or counterfeit).

• Be specific - “counterfeit” claims get more traction than “unauthorized reseller.” Honestly, Amazon does not care about complaints whining about "this seller isn't authorized to sell my brand!"

• Keep all case IDs and correspondence in one doc.

4 - Message the seller directly

• Use Amazon’s buyer-seller messaging (from the order you placed).

• Keep it professional: state that they are listing counterfeit or materially different goods on your ASIN and request they remove their offer immediately or a report will be made to Amazon upon which their account can be suspended or legal action will be taken. These intimidating messages usually work to take down noob resellers but not Chinese companies.

5 - Report and leave seller feedback

• Once you receive the product, leave 1-star seller feedback - but make it about the seller, not just the product (“Seller is not honest - shipping counterfeit goods under legitimate listings”). Avoid leaving seller feedback about the product. If seller feedback only describes the product, Amazon can remove it.

6 - Escalate if needed

• Call Brand Registry support and reference case IDs

• If necessary, send a cease-and-desist through an attorney (again, doesn't work for Chinese based sellers)

7 - Consider a price drop

• If you’re FBA and they’re FBM, Amazon favors the lowest price AND fastest shipping. So, if the hijacker is shipping from China and your offer is FBA, then you can win the buy box even if your offer is 5-10% more expensive.

• Sometimes, temporarily dropping your price will win the buy box back from FBM hijackers - but many hijackers (especially those shipping from China) will go very low to hold it.

8 - Brand Transparency limitations

• Amazon often recommends Brand Transparency to fight hijackers - but you can’t enroll unless you have a registered trademark.

• Pending trademark status does not qualify for the Transparency program (and USPTO approval can take 9–18 months).

• Without Transparency, your options in Brand Registry are limited - but you can still buy the hijacker’s product, document differences, and file counterfeit claims if it truly is fake.

9 - Build future protection into your listings

• Unique packaging, inserts, or serialization make counterfeiting harder.

• Enroll in Transparency once your trademark is approved

A cautionary note on pricing: The brand I'm currently trying to help is a magnet for hijackers because their Amazon price is nearly 2x their DTC price (their attempt to avoid cannibalizing DTC sales) - and almost 3x the category average on Amazon. That price gap makes it irresistible for opportunists to jump on the listing and undercut.

The worst thing you can do? Ignore it. Hijackers can tank your buy box, your reviews, and your brand reputation faster than you think.

Prepare your defenses before it happens - so if a hijacker shows up, you can remove them quickly and keep the game in your control.

Stay sharp,

Evan

If you’re looking for a daily P&L dashboard, SellerRise is my favorite. Use THIS link to get 10% OFF Sellerise for 12 months. It’s $16/mo for loads of beautifully organized Amazon data.

How I can help:

👉 Book an Amazon strategy call.​

Tools I use in my business (with discounts):

👉 Scale Insights for PPC automation (10% off for life)

👉 DataDive for in-depth keyword research ($50 off per month)

👉 Helium 10 for quick audits on Amazon listings (10% off for life)

👉 Finaloop for amazingly clean bookkeeping (50% off for 3 months)

Have a great Tuesday,

Evan

113 Cherry St #92768, Seattle, WA 98104-2205
​Unsubscribe · Preferences​