Amazon sellers need to know about intellectual property law. Especially if your account was suspended because of an IP complaint. The complaints that cause Amazon accounts / listings to be suspended are often referred to as rights owner complaints. Sellers accused of violating intellectual property rights should call for a free consultation 1-877-9-SELLER
Intellectual property law can be broken down into 4 categories:
Amazon sellers can obtain international protection for their intellectual property in numerous ways. A seller can apply for a trademark in the United States and extend that protection through the World Intellectual Property Organization. In addition, sellers can obtain protection around the world by filing for protection in other countries.
1. Copyright Law
Copyright law for Amazon sellers focuses mainly on images and verbiage. Amazon sellers should never use photographs or images that they do not own. Amazon sellers should take their own pictures for their listings. Sellers should not copy and paste verbiage from anybody else’s product or website and use it on their detail page.
2. Trademark Law
Trademark law focuses on the use of logos and other marks. Private label sellers should file for trademark protection for their logo and the name of the private label brand they’re developing. in short, sellers should never take another person’s / company’s trademark and put it on their own products.
3. Patent Law
Design patents have to do with how a product looks. Utility patents have to do with how a product functions. You should file for a design patent if you have a new design for an existing product. If you have made an entirely new invention, then you should file for a utility patent.
4. Trade Dress
Trade dress pertains to an entire product including its shape, color, packaging, and all other factors that make a product unique. Amazon sellers should not copy products if they want to avoid rights owner complaints. However, Amazon does not seem to have the best system for rights owners to assert trade dress complaints.
For more info. on intellectual property law, call for a free consultation: 1-877-9-SELLER
Amazon sellers should be concerned about obtaining intellectual property protection where they are selling and sourcing their products.
For example, a seller who has a private label product produced in China but sold in the United States should obtain protection in both China and the USA.
Boatload of baseless copyright complaints against sellers.
Copyright almost always pertains to pictures & verbiage in Amazon listings. It also includes things you add to the packaging like package inserts (which is written material / copyright). We have seen just a boatload of baseless copyright complaints against sellers all over the world. Mostly the United States, but literally all over, sellers are hit with baseless copyright complaints. If you have one, you have to figure out, one, did you violate? Because if the brand itself uploaded it, they waived their rights on that listing. Or did another seller create the listing and maybe they’re the ones that violated? Copyright complaints against sellers are absolutely increasing.
Court cases where Amazon sellers faced intellectual property issues:
There have been many situations where legal action was taken against Amazon for common law violations that caused damages to both sellers and buyers. These include: copyright infringement, breach of agreements with vendors, deceptive advertising practices and more.
If you are an Amazon seller and want to learn about what courts have said in cases involving intellectual property issues, we wrote the book on cases involving Amazon and Amazon sellers.
Regardless of the outcome of any particular case, these instances show that Amazon law is not above the law that we all must follow.
Our website provides legal documentation of these cases involving Amazon, along with the details of the case and whether Amazon won or lost. The Amazon Law Library sums up these cases to help each and every Seller understand their rights when it comes to selling on Amazon. You can find an online law library of Amazon cases here.
Has an Amazon suspension destroyed your business? The solution is here. We have hundreds of happy client reviews and many reinstatement successes in the realm of intellectual property law.
Intellectual Property Law Reviews from Clients:
After two months of negotiations with Amazon, we were able to resume sales successfully.
We recommend Amazon Sellers Lawyer to any sellers that runs into trouble with their account.
I should have worked with this company from the start so I would get my listings reinstated faster. I want to thanks Ashley and her team for working on my issue. You guys are amazing!
Thank you Ashley, Anthony and of course CJ.
In particular, I went over the details of a few tricky-looking but promising Amazon products with CJ to make sure I wasn't going to endanger my precious Amazon account by risking account suspension. CJ was very expert, very down to earth and realistic about the potential risks and the solutions.
He didn't even charge me for this initial call, which is another welcome change from all other lawyers I've ever used!
Overall, I'm incredibly impressed. They're obviously very expert in what they do, but they are very down to earth and straightforward. I'd recommend them to any Amazon sellers concerned about legal issues - especially trademarks or patents or Amazon account suspension.
When Amazon suspends your account, you have to follow an unfamiliar and erratic process to satisfy their demands, which are not always clearly stated, and the resolution is not guaranteed.
CJ’s expert advice is a huge benefit: Even better is that CJ & Anthony are attorneys who know the the legal implications and limits of the Amazon user agreement.
CJ’s firm a unique resource for Amazon sellers in trouble because of the huge number of cases they’ve successfully handled, their specialized legal expertise, and because they have a central office and staff that’s responsive to your emails and calls, even calling you by cellphone when they were out of the office.
CJ and Anthony were able to clearly describe the strategies they were using, and the phases of review that exist. They also were able to follow-up repeatedly with a brand that made the erroneous complaint that triggered our suspension, and maintained the brand’s cooperation with us.
No one can offer a 100% guarantee on a successful outcome, but CJ and his team gave us informed counsel at every stage, including using well-informed, tested language for our multiple - eventually successful - “Plan of Action” submissions.
I encourage anyone suspended to watch some of the many YouTube interviews with CJ Rosenbaum, particularly with Ed at “Amazon Sellers Group TG.”
I think you’ll agree CJ is the leading expert in Amazon’s seller performance appeals and arbitration.