Intellectual Property Law for Amazon Sellers - Licensing Agreements Leading to Success

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 & verbiage. Sellers should never use photographs or images that they don’t own. Sellers shouldn’t copy & paste verbiage from anyone’s product & use it on their detail page.

2. Trademark Law

Trademark law focuses on the use of logos & other marks. Private label sellers should file for trademark protection for their logo & the name of the brand they’re developing. In short, never take another person/company’s trademark & put it on your 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 the entire product which includes its shape, color, packaging, and all other factors that make it unique. Amazon sellers should not copy products if they want to avoid intellectual property right complaints.

For more info. on intellectual property law, call for a free consultation: 1-877-9-SELLER

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Have you been falsely accused of selling counterfeit products?

You may be entitled to significant damages.

If you’re selling on Amazon & have been falsely accused of selling counterfeit products, WE want to talk to YOU.

1-877-9-SELLER

Amazon Litigation Fighting False Infringement, Counterfeit & Baseless Complaints - Know Your Rights - Brands Boycotted
Resolving IP Complaints - Obtaining Licensing Agreements for Infringing Products Sold on Amazon

Have you received an IP complaint & know your products are infringing?

There’s many ways we could resolve IP complaints. We’re experienced in resolving various kinds of intellectual property complaints on Amazon. Feel free to give us a call if you have a need for an Amazon infringement appeal.

CALL 1-877-9-SELLER FOR A FREE CONSULTATION

If you've received an IP complaint & know your products are infringing, it doesn’t mean you can’t sell the product anymore. We have a couple of ways to resolve such infringements with rights owners:
One of the first ways we resolve these types of infringements is through a sell-through agreement.

What that means is you’ll be giving up a part of your profit to the rights owner in order to sell the rest of your inventory. By the time you finish selling your inventory, you agree to stop selling the product altogether. This allows you to get rid of your inventory, usually not at a loss. So lots of sellers are happy to resolve this issue by getting rid of their inventory.

A second way that we resolve infringements on Amazon.com is using a licensing agreement.

We contact rights owners & attempt to establish a licensing agreement based on things like royalty payments or a designated source of supply for your products. This is worked out during the negotiation process where you could obtain permission & authorization to continue to sell your products. By having this agreement, your products are not infringing.

Download our books on intellectual property law as it pertains to Amazon sellers:

Amazon Sellers’ Guide to Trademark Law

Book: Amazon Sellers Guide - Trademark Law

Amazon Sellers' Guide to Copyright Law

Book: Amazon Sellers Guide - Copyright Law

Guide to Chinese Intellectual Property Law

Book: Amazon Sellers Guide - Chinese Intellectual Property Law

The Legal Process: If a trademark infringer is detected, what can be done?

The answer depends on the platform the seller is on, and in what specific ways the trademark was infringed upon.

Anthony’s Advice on an Amazon infringement appeal:

It should be stressed that, after you detect the presence of trademark infringement, it’s imperative that you retain the services of a practiced trademark attorney. Navigating the legal process is treacherous without proper knowledge of how to avoid its associated pitfalls and quagmires. An intellectual property lawyer will help guide you through the legal process.

After determining the nature of the infringement, the seller, through their intellectual property lawyer, will generally send a cease and desist letter.

This letter requests that the infringer refrain from further violating intellectual property rights. Generally, it notifies the infringer that if the offending products are not removed from the view of consumers, further legal action may follow.

If an Amazon merchant has fallen victim to infringement at the hands of another Amazon merchant, the seller’s attorney may file a take down request with Amazon. When Amazon complies with the take down request, infringers will often resume selling the infringing product under a different account.

If financially feasible, sellers who suffer infringement can seek redress in court.

Amazon Cease and Desist

Court cases where Amazon sellers faced intellectual property law 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’re an Amazon seller and want to learn about what courts have said in cases involving intellectual property law 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.

Book: Amazon Law Library

Help! What do I do now that I've received a complaint on Amazon?

When it comes to intellectual property right complaints, the very first thing that you have to do, whether your account is down or not, is to have an intellectual property lawyer who knows both Amazon and intellectual property law do an evaluation to see whether you are or are not violating anybody’s intellectual property rights. We do that step within hours of being retained.

The next step is contacting the complainants, reaching out to whomever made that complaint against you, and negotiate for a retraction. If you violated their rights, you’re negotiating differently than if you did not violate their rights. If that person or company made a false counterfeit complaint, you have a ton of leverage to negotiate that retraction.

The third step, whether you receive that retraction or not, is getting information over to Amazon in a concise, persuasive manner to show either one, you didn’t violate anything, number two, you obtained a retraction, or three, they are absolutely ignoring you and abusing Amazon’s intellectual property complaint system.

Intellectual Property Law in China

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.

For more info. on retaining an intellectual property lawyer for Amazon infringement appeals, call for a free consultation: 1-877-9-SELLER

copyright lawyers
Intellectual Property Lawyer Questions: What is copyrightable, and what is not?

Here’s a short list of some material that is NOT copyrightable:

  1. Ideas, methods, or systems.
    If you’re referring to just an idea or a method, it is not copyrightable. A classic example is an invention. The reason why an invention is not copyrightable is because another form of intellectual property protects inventions and that is called patents.
  2. Names, titles, and short phrases.
    Obvious reasons anyone uses a name or a short phrase, for example, there’s no copyright protection. I can’t copyright my name, my name is David. I can’t copyright someone else’s name or a short phrase like, Been there, done that.”
  3. Fonts and lettering.
    So if you create a new font, generally, not copyrightable material. Blank forms, any sort of form, not copyrightable.
  4. Familiar signs and designs.
    So, a shape, for example, a circle, square, any sort of sign that you see all the time, like a stop sign, not copyrightable material.

This is a short list, it’s not exhaustive, there’s always a lot of gray area with copyright. Call us if you have questions about intellectual property law: 1-877-9-SELLER.

Testimonials from sellers with intellectual property issues on Amazon:

We have hundreds of happy client reviews, many reinstatement successes in the realm of intellectual property law & Amazon infringement appeals.

Brett at F.
Brett at F.
21:41 21 Oct 21
Wow! I am going through a mess right now with a bogus Amazon copyright claim and trying to figure out what next steps to take. I called Amazon Sellers Lawyer after watching a few of their helpful YouTube videos and Jenn picked up the phone. She was awesome and incredibly helpful, knowledgeable, and answered all of my questions during our consult! I cannot recommend this group enough. I was definitely not expecting that level of service but sincerely appreciate it. Thanks! Brett
Hillel M.
Hillel M.
14:41 14 Oct 21
Top notch law firm for Amazon 3rd party sellers. We had a stressful situation with a copyright complaint and hired this firm to help. Nicole made the onboarding easy enough. Declan who was assigned to the case was responsive and guided me through this situation to the satisfactory and successful result.
Jillian T.
Jillian T.
16:23 07 Oct 21
Patent Laws are a nightmare to say the least.I spoke with Marisol from Amazon Sellers Lawyer for basic guidance on how I could ensure my product would not infringe upon an existing patent. Her guidance was clear and definitive giving me the much needed assurance to progress with further research and possibly a product purchase.I was sent informative documents that would help with more than the particular concern I had.She was a lovely and professional lady that I would absolutely recommend.Thank you Amazon Sellers Lawyer Law firm.
PPP
PPP
16:04 15 Aug 21
We contacted Rosenbaum Famularo & Segall to help us on an IP matter on Amazon. David and Yasmine immediately understood our issue and helped us negotiate a successful settlement agreement, secure a retraction from the opposing party and finally get our listing reactivated, all under a very tight deadline. They were with us throughout the process, promptly and expertly responding to all our questions and inquiries. Can’t recommend the firm highly enough for matters concerning Amazon. You’re in excellent hands with Rosenbaum Famularo & Segall!
Jason S.
Jason S.
06:22 06 Aug 21
They took care of my IP issue pretty quick. The firm seems to have a lot of experience dealing with these IP issues and know just how to navigate through them. At least that was my take on them. I wouldn't chance going anywhere else if the need for assistance such as this was needed.
Brandon J.
Brandon J.
15:10 25 Jun 21
Called with a question about Amazon private labelling and how to trademark a product and was blown away by the value and quality of information offered, even by a free and quick phone consultation.
Fred S.
Fred S.
01:41 23 Jun 21
Our account got reinstated after 7 months of repeatedly being denied for an suspected IP violoation that Amazon would not clear . After several attempts I was begining to lose hope but thanks to Declan, and Ashley for their persistant efforts. They had a great game plan. Overall excellent team effort from start to finish. These guys know how to get the job done. After being left for dead, I am very excited to start selling again. If any issues occur in the future this is my team.
story 。
story 。
04:20 19 Jun 21
Before I Call the law firm and talked to Nicole Goldberg who recommended Anthony Zhang as my paralegal, I was spending three days ( the longest three days of my life) trying to figure out what to do with a copyright infringement complain by another seller. My listings was removed and I had inventory at the warehouse and more at the making. You get the picture! it was not a good experience for me! I was lost and needed help.Nicole calmed me down the minute she answered the phone. She helped me to get through all the paperwork smoothly so my case could be looked at by a paralegal. My case was ready in less than 2 days!!Anthony Zhang was patient and knowledgeable. By just one letter to the other seller. He got them to agree to retract their false copyright complains. The timing was impeccable. It's almost like Anthony mapped out what will happen every step of the way. He also zoomed me to get into my Amazon account. He knew exactly where to get the information he needed to move forward with the case. At one point, he even get me on a three way phone call with Amazon support. His goal is to get my listings activated. It was very clear that he was working at my best interest. I wouldn't get this far with getting my listings reinstated if Anthony did not guide me every step of the way.Don't just watch your listings get removed by Amazon and let other sellers take your business down. Now you know them, you don't have to feel lost and helpless like how I felt in that three days. Talk to Nicole Goldberg and see if you got a case. Have Anthony Zhang work with you. You will learn so much from him... Two thumbs up for the personalized service!!! My listings are back up and I am a happy seller!!!
Protection R.
Protection R.
07:27 04 Jun 21
Thank you, Anthony Du Zhang, for helping us get our account back. Our case is not a simple one. We contacted Amazon Seller Lawyer after several unsuccessful appeals. Anthony told us the possibility of getting back the account is low but not impossible. He assisted us in reaching the rights owner. When they stopped responding, Anthony helped us formulate POA and contacted the Account Health team multiple times to clarify a better approach. We learned a lot along the way. And finally, our account got reinstated. We will surely cooperate with you again for more legal and IP advice. Thanks again.
Marc P.
Marc P.
21:44 26 May 21
When I filled out their online contact form, I figured I would get an automated response with their prices and services. Instead, I got a call back very quickly from Jenn who gave me some direction and advice FOR FREE!!! Jenn was really helpful and I now have all the information I need to respond to the Amazon copyright infringement claim that was maliciously submitted against me. Thanks Jenn!
Alejandra G.
Alejandra G.
00:11 21 May 21
I had received over 70 IP complaints from a brand and that’s when I found this firm online. My case was assigned to Briana London. She worked on my case tirelessly for 3-4 months and she never gave up on me. She contacted the rights owner, got all complaints retracted, and drafted up a very professional appeal and plan of action which got my amazon seller account reinstated. If future problems come up, I will know who to look for. Thank you so much. Please continue to be a blessing to other sellers.
Jim B.
Jim B.
22:47 06 May 21
Rosenbaum, Famularo & Segall is HIGHLY recommended. We have benefitted from the firm's generous free advice in the past, and subscribe to the daily podcasts. Our recent experience has had to do with the selling of our e-commerce business.Nicole is awesome and so very eager to help. She is professional and knowledgeable, but more than that, her determination to find the right fit for resolving any issue shines right through the phone! Nicole put us in touch with Ashley and David who have (on very short notice) provided just the information we needed. We engaged them to be sure we (as sellers) are covered in any contract for purchase and/or transfer of inventory and IP/trademark rights. They delivered impressively!You can't go wrong here - these folks all really want to help and have a great track record of doing just that! (Jan & Jim Blue)
Amz T.
Amz T.
17:38 06 May 21
Thank you Anthony Zhang for your professional work. Anthony and his team helped us to deal with received IP claims on Amazon and to reinstate our account.These guys know how to deal with Amazon!I recommend you without a doubt!
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Amazon suspension appeals
Alejandra G.
Alejandra G.
00:13 21 May 21
I had received over 70 IP complaints from a brand and that’s when I found this firm online. My case was assigned to Briana London. She worked on my case tirelessly for 3-4 months and she never gave up on me. She contacted the rights owner, got all complaints retracted, and drafted up a very professional appeal and plan of action which got my amazon seller account reinstated. If future problems come up, I will know who to look for. Thank you so much. Please continue to be a blessing to other sellers.
Angel P.
Angel P.
19:31 08 Jan 21
It was a great pleasure speaking with Jenn McDonald & Marisol. They help me a lot I was able to point myself in the right direction. I originally called them to just get some answers on IP claims and how to better handle them. I’ve been using their website and looking at many of their YouTube videos which are a great reason for information especially for Amazon Sellers. I am looking forward to retaining their services and working more with them.
Cameron W.
Cameron W.
09:27 30 Jun 20
I worked with Shuffle and Kerry at Amazon Sellers' Lawyer this month on a tricky IP issue. I was impressed with the attention to detail in both their advice and written submissions. Would use them again without hesitation.
Daniel Y.
Daniel Y.
18:08 20 May 20
Account was suspended due to IP complaints, and we went to this firm just crossing our fingers. Turns out we're totally glad we went this route - David Miller got our account reinstated within a week! We're very glad we worked with them.
Maciej P.
Maciej P.
03:17 13 May 20
They helped me resolve 2 cases. Firs one took a long time to resolve since Alexa and David Miller had to negotiate with the right owner who was not very cooperative but after about 4 months they have agree to retract all 7 IP complaints. Other case was resolve in a month after i received 93 IP complaints from one Brand owner. Alexa drafted me 3 appeals that i sent to amazon and all 93 complaint were remove from my account. I was surprise it went so easy. Most important Alexa and David always responds to my emails the same day and call me if i need them in a few hours just to calm me down and assure that they will work to resolve my problem
Ryosuke T.
Ryosuke T.
12:59 28 Dec 19
I highly recommend Amazon Sellers' Lawyer.Kelly, Bruce and Shuffle teams have been sincere and patient with our company. Solving problems with intellectual property rights is not an easy problem, but arguably they do professional work.
After two months of negotiations with Amazon, we were able to resume sales successfully.
Jiang J.
Jiang J.
02:38 27 Dec 19
This year, due to intellectual property complaints ,our acount was suspended by Amazon.We contacted Amazon Sellers' Lawyer to help us appeal,they are very professional.Honestly,many other service providers do not provide appeal letters to us,they just help you appeal your account and make money from you.As a result,you don't know why your account is reinstated.But cooperating with Amazon Sellers' Lawyer,they provided us with a detailed appeal letter and many other appeal information.We can participate in the entire appeal process and understand why the store was eventually reinstated.
We recommend Amazon Sellers Lawyer to any sellers that runs into trouble with their account.
Hernan N.
Hernan N.
15:09 26 Nov 19
Very professional work! Thank you very much to Amazon Sellers Lawyer and especially to David Miller who helped me throughout the process to reinstate my Asin's. I truly recommend them if you face an IP complaint, they will solve your problem!
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