Episode Number:

39

August 25, 2025

In this episode of The eCom Growth Show, Danan Coleman sits down with Zac Garthe, an IP attorney turned entrepreneur, and now CEO of Sigil—to unpack the complex world of brand protection on Amazon and beyond. From counterfeit crackdowns to MAP pricing pitfalls, Zac shares how his legal background and experience consulting for Amazon shaped his mission to bring honesty back to online marketplaces.

Meet Zac: From Amazon’s Legal Insider to Founder of Sigil

Zac Garthe began his career at a top-tier law firm before moving in-house as general counsel for a consumer product brand. There, he witnessed firsthand the devastating effects of counterfeiters and unauthorized sellers. Later, he consulted directly with Amazon’s legal team, serving as a beta test attorney during the early development of Brand Registry and seller enforcement policies.

This unique combination of legal expertise and marketplace insight led Zac to launch Sigil, a platform designed to give brands a “delete button” for fraudulent sellers across Amazon, Walmart, and eBay. His goal is to deliver lawyer-quality brand protection without the prohibitive costs of traditional legal action.

Do Brands Have the Right to Remove Sellers?

Zac makes it clear: brands do have the right to remove sellers when illegal activity—like counterfeiting or blatant listing hijacking—occurs.

  • Counterfeits: Plainly illegal products designed to imitate a brand’s goods.
  • Listing Hijacking: Exploiting inactive ASINs to mislead buyers (e.g., a listing for baked beans turning into a hairbrush page).
  • Amazon treats both as serious violations, but brands need proof before acting.
Takeaway: Legal rights exist, but evidence is essential.

The #1 Mistake Brands Make in Enforcement

According to Zac, the biggest misstep is filing counterfeit complaints without proof.

  • Many brands mistakenly think low pricing equals counterfeit. In reality, products could be stolen, discounted, or liquidated.
  • False counterfeit claims expose brands to lawsuits under the Lanham Act.
  • Sellers wrongly accused have successfully sued brands for damages.
Pro Tip: Always verify counterfeits with test buys or Amazon’s Transparency Program before filing complaints.

MAP Pricing: A Shifting Legal Landscape

Zac explains that Minimum Advertised Price (MAP) policies were once best practice, but now face class-action challenges.

  • Consumers are suing brands, sellers, and even software providers for alleged price-fixing.
  • Sellers voluntarily following MAP policies could now face liability.
  • The outcome of these lawsuits may redefine how brands and sellers manage pricing in the coming years.
Key Insight: What once protected brands may soon put them at legal risk.

The Amazon Rules Myth

One of the biggest misunderstandings? Expecting Amazon to be consistent.

  • Amazon runs countless experiments at once, meaning one seller’s experience rarely matches another’s.
  • SOPs within Amazon often contradict each other.
  • Just because a seller “got away with it” doesn’t mean you will.
Lesson: Don’t assume—always verify against Amazon’s latest policies.

AI’s Complicated Role in Brand Protection

AI brings both promise and peril.

  • Pro: Faster monitoring and analysis of fraudulent activity.
  • Con: Deepfakes and mass content production make enforcement harder.
  • Legal enforcement still requires human oversight; AI cannot yet file claims or lawsuits responsibly.
Big Picture: AI helps detect threats but hasn’t yet solved the enforcement gap.

Stay Ahead of Fraudulent Sellers

For private-label brands and established sellers alike, Sigil offers a streamlined solution to combat fraudulent activity. Instead of manual reporting or risky legal battles, brands can leverage Sigil’s technology to monitor, detect, and remove bad actors at scale.

Explore more at: sigilprotects.com

Connect with Zac Garthe:

Final Thoughts

Success on Amazon and other marketplaces doesn’t come from shortcuts or guesswork. As Zac emphasized, the difference between protecting your brand and exposing it to risk often comes down to having the right knowledge, proof, and systems in place. Counterfeits, MAP policies, and AI-driven fraud all present new challenges, but with tools like Sigil, brands don’t have to fight alone.

At the end of the day, the goal is simple: make eCommerce honest, safe, and sustainable for sellers, brands, and consumers alike.

Tune in to The eCom Growth Show, where industry experts share insights on protecting your brand, navigating marketplace challenges, and growing in eCommerce.