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Amazon's Chinese Counterfeit Problem Is Getting Worse (cnbc.com)

A report on CNBC, citing sellers, says that counterfeit problem on the platform has gotten worse after it made it easier for Chinese manufacturers to sell goods to U.S. consumers. The report gives an example of a seller Jamie Whaley who started a bedding business on Amazon that reached $700,000 in annual sales within three years. Her patented product called BedBand consists of a set of shock cords, clamps and locks designed to keep fitted bed sheets in place. Whaley found quite an audience, selling up to 200 units a day for $13.99 a set. BedBand climbed into the top 200 selling products in the home and kitchen category. That was 2013. By mid-2015, the business was in a tailspin. Revenue plummeted by half and Whaley was forced to lay off eight employees. Her sheet fastener had been copied by a legion of mostly Chinese knockoffs that undercut BedBand on price and jumped the seller ranks by obtaining scores of reviews that watchdog site Fakespot.com determined were inauthentic and "harmful for real consumers." The report adds:Spend any time surveying Amazon sellers and Whaley's narrative will start sounding like the norm. In Amazon's quest to be the low-cost provider of everything on the planet, the website has morphed into the world's largest flea market -- a chaotic, somewhat lawless, bazaar with unlimited inventory. Always a problem, the counterfeiting issue has exploded this year, sellers say, following Amazon's effort to openly court Chinese manufacturers, weaving them intimately into the company's expansive logistics operation. Merchants are perpetually unsure of who or what may kill their sales on any given day and how much time they'll have to spend hunting down fakers.

36 of 205 comments (clear)

  1. It's a self correcting problem by Wycliffe · · Score: 3, Interesting

    I have family members that sell on amazon and ebay. They say they can get almost double on amazon on many items. The main reason is that people trust the sellers on amazon more than the sellers on ebay. In this case, it's the exact same seller but amazon have managed to create an environment where even used items fetch a premium. If they screw it up and people start realizing that the same hucksters are on amazon (and they are) then people will start shopping elsewhere.

  2. And it'll only get worse by JustAnotherOldGuy · · Score: 5, Interesting

    Counterfeits are a huge problem everywhere and it'll only get worse. The lure of money and the ease of capitalizing on someone else's idea make it a market that will never go away, even for niche products.

    For some things, however, there ought to be truly severe penalties, like for the people who counterfeited brake pads for the 747's, which turned out to be made of baked sawdust and black paint. They didn't make it into a real plane as far as I know, but the consequences if they had would be staggering.

    If you counterfeit a handbag, no one dies, but certain mechanical items, medications, and other "life-dependent "products should have serious penalties, decades in jail in my opinion. Counterfeit meds are problem all over the world, but especially in SE Asia where 50% or more are fake.

    --
    Just cruising through this digital world at 33 1/3 rpm...
    1. Re:And it'll only get worse by Anonymous+Psychopath · · Score: 3, Insightful

      TFA states her product is patented, in which case it really is about counterfeiting.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    2. Re:And it'll only get worse by JustAnotherOldGuy · · Score: 3, Informative

      RTFA. Other than the headline, it is not about counterfeits.

      Maybe YOU should RTFA....this is all about counterfeit products. It's about knockoffs and cheap copies of patented products that are produced illegally, undercutting the original product in pricing. The actual article mentions counterfeiting over a dozen times. How the hell is this not about counterfeiting??

      "Her sheet fastener had been copied by a legion of mostly Chinese knockoffs..."

      "Initially, knockoffs were using her patented shock cord functionality and ripping off her design, she said."

      "In May, CNBC.com reported on a Facebook group, now consisting of over 600 people, whose members have seen their designs for t-shirts, coffee mugs and iPhone cases show up on Amazon at a fraction of the price of the originals."

      "To unsuspecting consumers, fake products can appear legitimate..."

      "...meaning that a counterfeit jacket could be sent to an Amazon facility by one merchant and actually sold by another"

      ...etc etc etc... This is about counterfeiting, despite your lack of reading comprehension.

      --
      Just cruising through this digital world at 33 1/3 rpm...
    3. Re:And it'll only get worse by ShanghaiBill · · Score: 4, Insightful

      TFA states her product is patented, in which case it really is about counterfeiting.

      She has a patent on a specific aspect of her product, not on the basic concept of an elastic sheet tightener (which have been available for many decades). TFA does NOT claim that her patent is being infringed, nor are her competitors using her brand name. This is just good old-fashioned competition, and she doesn't like it.

    4. Re:And it'll only get worse by clovis · · Score: 5, Informative

      Maybe YOU should RTFA....this is all about counterfeit products.

      Nonsense. TFA doesn't refer to a single case of "counterfeiting". p>

      It kind of looks like you're just being argumentative. That's fun, I know, but at some point you should give the rest of us a break.
      This article is not just about the bed-tightener.
      To save other people (and you) the trouble of RTFA, I'll pull out the quotes that address the gist of the matter.

      From the article:

      In May, CNBC.com reported on a Facebook group, now consisting of over 600 people, whose members have seen their designs for t-shirts, coffee mugs and iPhone cases show up on Amazon at a fraction of the price of the originals. The designers described it as a game of whack-a-mole, where fakes pop up more quickly than they're taken down.

      Birkenstock has seen dozens of stores at a time hawking its Arizona Sandal for $79.99, a full $20 below the retail price. The names of the online storefronts change all the time, one day including the monikers Silver Peak Wine Cellar and Ryan Hollifield and the next Keila*Knightley and Bking sewneg.

      "Amazon is making money hand over fist from counterfeiters, and they've done about as little as possible for as long as possible to address the issue," said Chris Johnson, an attorney at Johnson & Pham LLP, which focuses on intellectual property and brand enforcement and represents clients including Forever 21, Adobe and OtterBox. "Word is out in the counterfeit community that it's open season on Amazon."

      And this, Even Alibaba says they're doing fakes.

      Counterfeiting online is nothing new of course, particularly when it comes to commerce. Alibaba, the Chinese e-retail giant, has been dealing with it since launching in 1999.

      Some form of the word counterfeit shows up 30 times in Alibaba's latest annual report, and founder Jack Ma said in a speech last month in Hangzhou, China, that the fakes are of "better quality, better prices than the real products, the real names."

      From a sub-link:
      http://www.cnbc.com/2016/05/25...

      "They respond and take down the images, but the very same images go up within a week by another new seller," said Kristi Spencer, whose e-commerce site Golly Girls sells personalized sports-themed T-shirts, backpacks and notebooks. "Counterfeiters are selling low-quality knockoffs of other people's artwork."

    5. Re:And it'll only get worse by JustAnotherOldGuy · · Score: 3, Insightful

      Nonsense. TFA doesn't refer to a single case of "counterfeiting".

      Okay, now you're just being a dick. The article mentions "fakes" and counterfeiting 20 times from the headline to the last paragraph. For example,

      "Always a problem, the counterfeiting issue has exploded this year, sellers say, following Amazon's effort to openly court Chinese manufacturers..."

      "The designers described it as a game of whack-a-mole, where fakes pop up more quickly than they're taken down."

      "To unsuspecting consumers, fake products can appear legitimate because of the Fulfillment by Amazon program..."

      ""Amazon is making money hand over fist from counterfeiters, and they've done about as little as possible for as long as possible to address the issue," said Chris Johnson, an attorney at Johnson & Pham LLP..."

      ""Word is out in the counterfeit community that it's open season on Amazon."

      Seriously, did you even read the article? Because it sounds as though you didn't.

      --
      Just cruising through this digital world at 33 1/3 rpm...
    6. Re:And it'll only get worse by thegarbz · · Score: 2

      TFA states her product is patented, in which case it really is about counterfeiting.

      The fact that an elastic band holding an elastic band can be patentable is insane on the face of it. Yeah I know, it is about counterfeiting. However I find it really difficult to get worked up about this case since this is exactly the kind of product you expect to find on a low cost Chinese flea market in the first place.

    7. Re:And it'll only get worse by whoever57 · · Score: 2

      Birkenstock has seen dozens of stores at a time hawking its Arizona Sandal for $79.99, a full $20 below the retail price. The names of the online storefronts change all the time... On a single day in mid-June, CNBC sent notes to seven sellers on the list, asking how they're able to price the product so cheaply. Every response was the same: "It is a secret."

      Those are obviously counterfeits.

      Or, given that the gross profit margin on those sandals must be quite high when sold in the USA, they could be grey market imports: sold for resale in a low cost country and then imported into the USA.

      --
      The real "Libtards" are the Libertarians!
    8. Re:And it'll only get worse by Anonymous Coward · · Score: 3, Insightful

      If there are only 5 or 10 reviews of a product on Amazon, and they're all "5 star" with the review followed by "I received this product at a discount in return for giving an honest review"... don't trust any of them.

  3. There's a simple answer by Pollux · · Score: 5, Informative

    Sue Amazon. Well, get a patent on your product first, then sell it on Amazon, -then- sue Amazon for selling items that infringe on your patent. Wouldn't be the first time.

    A related anecdote...Back in 2014, I received a solicited free iPad case to try that was a Griffin case knockoff. Looked exactly the same, just missing the logo, and $40 cheaper. I was interested, but curious why it was the exact same case w/o the cost. Long story short, the guy went right to Griffin's suppliers in China and paid them to make the exact same case for his company. His mistake was that he setup an office in the United States, and Griffin sued him into oblivion.

    1. Re: There's a simple answer by Bing+Tsher+E · · Score: 2

      It's probably not the plans. It's probably the tooling. Tooling even for fairly simple parts is really expensive. If you can convince a supplier to sell you parts made with an expensive competitors tooling (at night, on a third shift, when the main customer isn't looking) you can make a lot of $$.

      I have bought Textool ZIF sockets from a Chinese eBay seller. They were $7 for four of them. Real Textool ZIF sockets from DigiKey are nearly $20 each. The parts from China appear to be Textool sockets with 3M's trademark branding, but are made of a coarser grade plastic. If I were using them in a production environment and not just in a hobby setting, they probably wouldn't hold up well. The plastic likely has inferior temperature specs, and would quickly fail in a production burn-in or environmental test application. For my use they are perfectly adequate.

  4. Re:Walmart mentality by Smerta · · Score: 4, Interesting

    TFA's implication is that a white person has a right to make $700k/year, while the Chinese don't deserve to make a living because they are yellow skinned sub-humans.

    You're way out of line here, dragging skin color (not nationality, but skin color) into this.

    I think the article / story would have published even if the American was black, Native American, "brown", "yellow", etc. [I put those terms in quotes, because if I said Latino or Asian, that would be nationality, and I'm debating your choice to drag skin color into this. Personally, I think simplistic terms like white / yellow / brown to describe skin color over-simplify things, but I don't make the conventions...]

    I totally agree with you about the patent bullshit, about similar products being around forever, etc. but I don't think this is a "Chinese are sub-human animals" piece. That's way too sensitive.

    Chinese knock-offs, both legal and illegal, are widely acknowledged as being a reality. They have nothing to do with skin color.

    The lady's business was fragile, she should think she had a good run. That also has nothing to do with her skin color.

  5. In China, "100% Cotton" means... by Nova+Express · · Score: 3, Informative

    ...10% Polyester.

    Middlemen used to drive up the cost, but they would also provide a quality control filter that's now missing as you can buy things directly from China and India through Amazon and eBay.

    Caveat Emptor

    --
    Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)

    http://www.lawrenceperson.com/

  6. Where was she manufacturing? by 0100010001010011 · · Score: 3, Interesting

    If you don't even manufacture in China it's hard for them to get your IP. I bet she went for the cheapest person that could injection mold her idea and didn't think about what would happen once they had the designs.

    I highly doubt that they would import a product made at some local shop to reverse engineer it and start making clones.

    It's one of the most frustrating things about watching a kickstarter fail because they decided to go to China. When I'm developing a new tool or idea I have a much better response time with a local shop. I can swing by after going to the bank, just tell them in my own English words exactly what I want done and they'll likely be able to do it. How many kickstarters have a "Sorry about the Delay, prototype .... was delayed because apparently there's a New Year in china". What takes a Week locally usually takes 4-6 months with Chinese transit time.

    She chose to make it as cheap as possible and got her initial $700k for one year as a result. She could have either charged more or cut revenue to manufacture locally and had a business that lasted 5-10+ years.

    1. Re:Where was she manufacturing? by NormalVisual · · Score: 2

      If you don't even manufacture in China it's hard for them to get your IP.

      Depends on what it is. For a lot of things, all they have to do is order a couple and take measurements.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    2. Re:Where was she manufacturing? by thegarbz · · Score: 2

      Manufacture? IP? Injection mould? Designs? ... Have you seen the product?

      It's a set of elastic shoelaces with those clips from a name badge on the end of them. And I mean really those clips even have eyelets that don't fit the elastic shoelaces because they're designed for flat bands. I could make one right now at my desk at home from stuff I have laying around. There's no challenging industrial espionage or underhanded duplicating of corporate IP here (and I use those two letters very loosely here)

      But interesting you mention kickstarter. One of the primary concerns about most kickstarter is the price they are aiming for. Local production isn't usually on the cards for them for anything beyond the initial prototype.

    3. Re:Where was she manufacturing? by thegarbz · · Score: 2, Informative

      She chose to make it as cheap as possible and got her initial $700k for one year as a result. She could have either charged more or cut revenue to manufacture locally and had a business that lasted 5-10+ years.

      Hate to double reply but I missed this one. You do realise that this was a 100% made in the USA product right, so literally none of your post applies here.

    4. Re:Where was she manufacturing? by 0100010001010011 · · Score: 2

      > You do realise that this was a 100% made in the USA product right,

      100% Assembled in the USA. Look at the box.

    5. Re:Where was she manufacturing? by thegarbz · · Score: 2

      > You do realise that this was a 100% made in the USA product right,

      100% Assembled in the USA. Look at the box.

      Look at the product. It is made using off the shelf parts you can buy pretty much anywhere. There is no "manufacturing" there is only assembly, and a full zero of the components in that box are in any way proprietary in nature, represent some magic form of IP, or would require a person to seek out a Chinese company to manufacture for them.

      Hell I could assemble one right now from stuff I find in my desk. I could start and manufacture a production line by raiding the stationary cupboards at work (which include the all important name badge clips that she's using to clip onto the sheets).

  7. Re:Walmart mentality by ShanghaiBill · · Score: 3, Insightful

    Chinese knock-offs, both legal and illegal, are widely acknowledged as being a reality.

    Yet the article doesn't give a single example of that. The main focus is on legitimate competition, that is somehow illegitimate because they are "Chinese".

  8. Re:Walmart mentality by danomac · · Score: 4, Insightful

    You mean Weber grills, who were sued for putting Chinese parts in a made-in-USA grill?

    Don't kid yourself. I just bought a barbecue recently, and after some research discovered pretty much all bbq manufacturers use China to manufacture, even the $1k+ grilles (I looked at Jackson, Weber, and Broil King grilles.) So I said screw it, if I'm going to get one from China anyway I'm not spending $1000 on one, and found a Char-Broil one for $400.

  9. This is why I don't buy Chinese by smooth+wombat · · Score: 4, Interesting

    I will go out of my way not to buy a product made in China. About the only thing I can't buy are sunglasses and winter gloves, and that includes those overpriced Marmot gloves. Even companies such as North Face have their products made in China then charge outrageous prices because, you know, they're specially made for the adventurer in you.

    Stop buying Chinese-made products and their industries will dry up. Stop having products made in China and they don't have the exact specs of your product. It's really a very simple solution but like everything else it makes too much sense so will never be done.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  10. Re:Sold on globalism by sjames · · Score: 3, Insightful

    Of course that prediction completely failed to note that housing and healthcare wouldn't go down any leaving most of us less well off than before.

  11. Copyright vs Patents by Steve1952 · · Score: 4, Interesting

    It is a bit ironic that if you assert that someone has violated your copyright (e.g. used one of your images or some of your text), then under the DMCA (Digital Millenium Copyright Act), you can contact Amazon and they are obligated to take the listing down right away.

    But if you assert that someone has violated your patent, the process is much harder. So young man, remember that (cue disco ball): it's more fun to play with the DMCA!

  12. Re:Walmart mentality by ShanghaiBill · · Score: 5, Insightful

    If patents did not exist, then why would they ever be illegal (outside of safety violations)?

    Counterfeiting is not about patents, it is about trademarked brands. Brands are an indicator of quality, and it is, and should be, illegal for one manufacturer to impersonate another.

    Note: TFA does not claim that either trademarks or patents are being infringed. Just that competitors are making similar products and selling them for less. But (and this is the important part) they are Chinese, so therefore we should be outraged.

  13. Mixing issues by Kwyj1b0 · · Score: 2

    This article is mixing three issues, all of which should concern any online retailer.

    The first is counterfeit or fake goods - a customer buys a product, but instead gets an item that doesn't match what they ordered. This is clearly fraud, and makes it difficult to trust online purchases. This doesn't seemed to have happened here. Most customers must have known they were buying the product from someone else, not the "original".

    The second is that the signal to noise ratio drops very low because a lot of vendors flood the marketplace (perhaps automatically) with products that are supposed to grab the top spot (due to low price, for example). The product might not even exist - say I print a t-shirt when someone makes an order, but I can digitally generate a million t-shirt slogans and create a million different t-shirts to show up on search. This isn't fraud - I know exactly what I'm getting, but the marketplace experience as a whole is terrible.

    The third is gaming the review system. I tend to read the content of the reviews carefully (I don't trust the rating system as much) to gain information, rather than checking the ratings. In this case, it seems as if the "inferior" product had a lot of fake reviews. If true buyers were returning the product in large numbers, however, Amazon might even pull the product.

    I do agree that it isn't the merchant's job to track down fraud/fakers (which this particular example is not); Amazon should be careful that they don't become the next ebay or craigslist.

  14. Re:Walmart mentality by Anonymous Coward · · Score: 3, Interesting

    Broil King. Canadian/Northeastern US made. All the quality you only think a weber has.

  15. Re: Walmart mentality by moosehooey · · Score: 2

    They do still make them, and I bought one. It's one of the old top-loaders that have been around since the 60s or 70s. It uses some fairly simple electronics instead of a mechanical timer, but otherwise the same. It was cheap and has been going for 12 years with no problems so far.

  16. Re:Sold on globalism by reboot246 · · Score: 2

    Speaking of economists, I think we should have only one-armed economists.
    That way they couldn't say, "On the other hand . . . "

  17. Amazon cutting their own throat by Areyoukiddingme · · Score: 3, Insightful

    Amazon, and unfortunately NewEgg, are both cutting their own throat in this regard. They forget that one of the services a store provides is selection. In both directions. Variety of available wares and culling of worthless duplicates. Amazon and NewEgg are absolutely buried under thousands of copies of the exact same product using literally the exact same photograph but somehow with unique listings that differ by one or two or zero cents. All of which have bullshit tags and bullshit categories.

    This is not valuable to me. This is absolutely stupid for me, as a customer. It wastes my time, totally pollutes search results, and annoys the shit out of me. Enough that I will choose another store, even a brick and mortar store, just because the signal to noise ratio has become so horrendous I literally can't find what I'm looking for.

    NewEgg are you listening? I know Amazon is not. But NewEgg, I expected better. NewEgg had useful, reliable, helpful category- and specification-based search for more than a decade, long before Amazon's half-assed attempt. Now it's been overrun by asshole third-worlders hawking $2 useless plastic shit I don't want, don't need, and REALLY don't want to see when I'm searching for a goddamned video card. A vinyl sticker designed for a Macbook cover is not a video card! Curate your collections! It matters!

    </rant>

  18. Re:Bracers by ledow · · Score: 2

    It is an invention.

    But it's certainly not their invention.

    I've seen straps that hold fitted sheets to beds for the last 20-something years at least. Hell, I've own a fitted sheet that came with them.

    It's certainly not novel. And I think their "copies" have nothing to do with their downturn. You've been able to buy these things for decades. More likely is that people are camping on their trademark website and getting into the "related items" for their products and then consumers are realising "Hey, look, there's a cheaper version that does the same thing" and buying that instead.

    But, to be honest, if you genuinely go into business thinking that product A of yours is going to sell, be successful, and repeat that success into perpetuity, even when your competitors start to clone it, then you're a damn idiot.

    You have a strap for a bed. Great. You sold a lot of them. What's your plan to keep you buoyant NEXT year?

  19. Re: Walmart mentality by ArmoredDragon · · Score: 2

    Because it stifles innovation and R&D or worse, puts the company out of business and people out of jobs.

    You're going to have to be more specific about what "it" is and how "it" does that, otherwise you're just handwaving.

    At any rate, things have been getting less and less expensive over the last 50 years, and I haven't seen any sign that innovation has been stifled; quite the opposite, actually. Computers for example used to be super expensive in the 80's, and now even homeless people carry around portable ones. Simple tasks that people used to do faded away over the years as people did them with computers instead, (or in some cases, those tasks became outright irrelevant, such as licking a stamp and sealing an envelope and walking to the mailbox merely for the purpose of sending somebody a message) which freed up their time and money to do other things. Take for example written spreadsheets vs electronic spreadsheets; the later being a MASSIVE time saver.

  20. Re:Example Not a Problem by ledow · · Score: 4, Insightful

    Because it's a band for a fucking bed.

    That's not really a trademark, it's a generic term that's likely to be challenged as a trademark even in the territories that have (stupidly) allowed it.

    It's like complaining that if you go searching for "sticky tape" that you get things that aren't your genuine, registered trademark "StickyTape®" sticky tapes.

    If you'd called your company "Joe's Shitty Products®" and someone sniped all your "Joe's Shitty Product® Sheet Fastener's", yeah, sure you have a case. But "bed band" is a description of exactly what the product is, using two generic and common English words related to that product. That's NOT what you should be trademarking.

    If you want to protect a trademark you combine it with a company name that's pretty unique and which you own the trademarks in your territories and industry sectors for.

    But trademarking TennisBall tennis balls is a) likely to not be allowed in the first place, b) likely to be struck down for genericity at any time and c) stupid because I don't have to be specifically sniping your trademark to have a website that scores high for searches of tennis balls that aren't TennisBall tennis balls.

    BedBands is, quite honestly, one of the worst product names that I've seen. And one of the worst products that I've seen. I could make it myself, make something better, I've bought better things that do the same job, copy it in about ten minutes, and I could market it as the "best bed band product" without infringing on BedBands trademarks unfairly. Because it's a fucking band for a fucking bed.

    And, to be honest, that "sit on the corner of the sheet" shite will last two seconds until I rip it off when I roll over. Most of the bed bands that actually work do so by tying the left of the sheet to the right of the sheet under the mattress, not just the corners.

    I hope their blatant and unnecessary slashvertisement just waters down their trademarks even more.

    This rant is trademarked by me. Nobody else can have an InternetRant internet rant but me, now.

  21. Re:Welcome to capitalism! by Dog-Cow · · Score: 2

    OK... you're wrong. The "whole point" of capitalism is that capital is owned by individuals, as opposed to government (not as opposed to corporations). That's it.

  22. Re:Walmart mentality by guises · · Score: 2

    Well I only read the summary, but it does say specifically that her product was patented. So no, this would not be legitimate competition.