Amazon sellers need to know about intellectual property law. Especially if the Amazon seller’s account was suspended because of an IP complaint. The complaints that cause Amazon sellers’ accounts to be suspended are often referred to as rights owner complaints.
Intellectual property law can be broken down into 4 categories:
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 for Amazon sellers focuses on the use of logos and other marks. As Amazon sellers become private label sellers, they should file for trademark protection for their logo and the name of the private label brand they are developing. Amazon sellers should never take another person’s or another 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. Amazon sellers need to avoid infringing upon patents owned by others.
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.
What protections are applicable to designers?
Amazon sellers can apply for intellectual property right protection just like any other business or person. If an Amazon seller has developed a private label brand, they should file for protection of their mark. If they have developed a new design for an existing product, they should file for a design patent. If they have made an entirely new invention, they should file for a utility patent. Amazon sellers who are accused of violating intellectual property rights should contact us for a free consultation.
International IP Protections
Amazon sellers can obtain international protection for their intellectual property in numerous ways. An Amazon seller can apply for a trademark in the United States and extend that protection through WIPO. WIPO stands for World Intellectual Property Organization. Amazon sellers can also obtain protection around the world by filing for protection in other countries.
Sellers should be concerned about obtaining protection where they are selling their products and where they are sourcing their products. For example, a seller who has developed a private label product and is having it produced in China should obtain protection in China. That seller should also obtain protection wherever his/her products are being sold.
For more info. on intellectual property law, call for a free consultation: 1-877-9-SELLER.
GET HELP NOW: The law firm of Rosenbaum Famularo, PC is required by law to assure you 100% confidentiality. We protect your privacy under the Attorney-Client Privilege.
Boatload of baseless copyright complaints against sellers.
Copyright almost always pertains to pictures and verbiage in Amazon listings. It could also include things you add to the packaging, 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 earth, sellers are getting hit with baseless copyright complaints. If you have one on your account, 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.
We have hundreds of pieces of content on intellectual property law for your disposal. Read more below.
Has an Amazon suspension destroyed your business? The solution is here. We have hundreds of happy client reviews and many reinstatement successes.
Video Masterclass featuring CJ Rosenbaum: Best Practices in preventing Amazon Suspensions
Video Masterclass featuring CJ Rosenbaum: Best Practices in preventing Amazon Suspensions In this 1 hour masterclass with Amazon Sellers’ Lawyer CJ Rosenbaum, you will learn: Common problems from Amazon sellers. Prevention of suspensions & violations. Protection against counterfeiters & listing hijackers. The safest way to change an address. How to
How Amazon Sellers Can Handle Counterfeit Complaints & Source Products Correctly
How Amazon Sellers Can Handle Counterfeit Intellectual Property Complaints & Source Products Correctly If you’re getting baseless counterfeit intellectual property complaints lodged against your account, if you’re buying from a retailer or from a genuine good supplier, this is going to be a helpful video for you. For other people
Amazon Sellers, Get IP Complaints Retracted NOW! How We Get Rights Owner Complaints Withdrawn
Amazon Sellers, Get IP Complaints Retracted NOW! How We Get Rights Owner Complaints Withdrawn When it comes to IP complaints, it doesn’t matter what type you have, whether it is a copyright, trademark, counterfeit, or patent complaint. We always generally recommend that you contact the complainant first, because the most
Nike lawsuit against Amazon sellers
Amazon Sellers’ Breaking News: recent Nike lawsuit against Amazon sellers. Hi, I’m Travis Stockman, I manage our litigation department here at Rosenbaum Famularo, PC. As Jacques was telling you, Nike has recently filed a lawsuit against many Amazon sellers. If you were thinking about contacting an attorney to review this
Winning Plan of Action for Trademark Complaint on Bundled Product Listing
Amazon Seller Inside Information: Winning Plan of Action for Trademark Complaint on Bundled Product Listing Amazon Seller Inside Information: trademark complaints. In this specific seller’s case, the listing at issue was a bundled product detail page. So although bundles are allowed on the Amazon platform, they need to be created
How to Deal with Counterfeit Complaints on Amazon
How to Deal with Counterfeit Complaints on Amazon Ignoring counterfeit complaints, as with any intellectual property complaint, is a folly. It’s not a good idea. You don’t want this to affect your Amazon account health. You want to deal with any IP complaint as they come in. The best way
What Amazon Sellers MUST Know About Sell-Through Agreements
What Amazon Sellers MUST Know About Sell-Through Agreements Sell-through agreements are very common, especially when dealing with Amazon complaints or cease & desist letters. Essentially, a sell-through agreement happens when one party claims that the other is infringing. And, in exchange for dropping any of their claims, they allow a
How to Defend your ASINs on the Amazon Platform
Defending your ASINs on the Amazon Platform – Intellectual Property & Inauthentic Complaints Welcome to another AMZ Sellers’ Inside Information. I’m Jacques Lavaud. Today I’m here to talk to you about defending your ASINs. What I mean by defending your ASIN is usually Amazon would rather you fall on the
Amazon Sellers Selling Branded Products Receiving Threatening Letters from VORYS
Amazon Sellers Selling Branded Products Receiving Threatening Letters from VORYS If you’re an Amazon seller selling branded products, you need to know what to do if you receive a threatening VORYS law firm letter and the brands they currently represent. You need to know which claims are absolutely baseless, and
Parallel Importing Complaints on Amazon
Inside Information with Jacques Lavaud: Parallel Importing Complaints / Trademark Complaints on Amazon Parallel importing complaints happen if an Amazon seller purchases a product from the United States and then imports those products to, let’s say, the UK with the intent of distributing to European buyers. Doing this is a
Not Seeing IP Complaints on your Account Health Page?
Not Seeing IP Complaints on your Account Health Page? So now we’ve been seeing a few different clients get IP complaints, receive notifications through their email, and then when going into their account health, they don’t see the complaints show up. Some clients have been on the edge about if
COVID-19 Restricted Products on Amazon – Face Masks, Hand Sanitizer, Cleaning Supplies
COVID-19 Restricted Products on Amazon – Face Masks, Hand Sanitizer, Cleaning Supplies My name is Vincent Famularo, managing paralegal at Rosenbaum Famularo, PC, law firm behind Amazon Sellers Lawyer. I am here to give you insider info. on the COVID-19 restricted product allegations you may be receiving for any beauty
Re-branding Generic Products by Adding your Logo to another Company’s Products
Re-branding Generic Products by Adding your Logo to another Company’s Products If you’re an Amazon seller dipping your toe into the water of developing your own private label brand, don’t make this mistake. Many sellers buy generic products and stick their logo on that product and then say, ‘this is
Amazon Private Label Sellers Protecting Your Sales Like The Big Guys
Amazon Private Label Sellers Protecting Your Sales Like The Big Guys Five steps to protect your private label brand and build a six, seven, and eight figure Amazon-based business. Step number one: Create a mark. And by mark, I mean a trademark or a logo. Have it created. I love
Instantaneous suspended listing reinstatement & Brands retracting IP complaints faster
AMZ Seller Insider Information: Instantaneous suspended Amazon listing reinstatement & Brands retracting intellectual property complaints faster. Instantaneous suspended listing reinstatement. First great news for sellers, this is what you need to know about today. Seller suspensions, practically instantaneous suspended Amazon listing reinstatement, and the release of your money. Over the
4 areas of intellectual property that Amazon sellers need to know about.
4 areas of intellectual property that you, as an Amazon seller, need to know about. Here are four areas of intellectual property that you, as an Amazon seller, need to know about. You need to know about all four, so stay with me until the very end. This information is
Tips for Amazon Sellers Submitting Inauthentic Suspension Appeals
Tips for Amazon Sellers Submitting Inauthentic Suspension Appeals Hi everyone, thank you for joining me for Amazon Sellers’ Insider Information. My name is Alexa, I’m filling in for CJ Rosenbaum, who should be back with us shortly. Until then, we hope you have been enjoying the other members of the
Baseless complaints made against AMZ sellers (counterfeit & inauthentic)
Amazon baseless complaints made against sellers (Counterfeit & Inauthentic). My name’s Anthony, I’m a paralegal here at Amazon Sellers Lawyer. Today, my topic is going to be about false and baseless complaints made against sellers. I’m sure everybody has received various kinds of IP complains before whether they are counterfeit
Top 3 Causes of ‘Used Sold as New’ Complaints on Amazon
Top 3 Causes of ‘Used Sold as New’ Complaints on Amazon – Amazon Sellers Lawyer Insider Information I’m going to be talking to you a bit about copyright complaints on Amazon and the clear cut things you should not do as a seller and the clear cut violations of your
New method to get IP complaints off your Amazon account
Amazon Seller Insider Information: New method to get IP complaints off your Amazon account & update on arbitrations against Amazon I’m going to be talking to you about new ways of getting IP complaints off your account, which is absolutely vital, and a new email address over at Amazon. But,
Trademark Complaints on Generic Products & Winning Appeals for Amazon Safety Complaints
AMZ Seller Insider Information: Trademark Complaints on Generic Products & Winning Appeals for Safety Complaints I love today’s inside information because you get to meet another member of our killer team. In today’s inside information for Amazon sellers, I’m going to talk to you about trademark complaints on generic products
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.
You can find an online law library of Amazon cases here.
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.
