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

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 these types of issues.

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.

Testimonials from sellers with intellectual property issues on Amazon:

We have hundreds of happy client reviews and many reinstatement successes in the realm of intellectual property law.

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!
ara O.
ara O.
21:45 10 Apr 21
I needed legal help and strategy for my trademarks. I was referred to the Rosenbaum firm from 'The Sophie Society' (who is a renowned marketing firm for Amazon global sellers/vendors). Marisol represented the firm well and was helpful & responsive. During our conversation she asked key questions to efficiently figure out the best course of action. I found her to be insightful and well versed in litigation of Intellectual Property. Would definitely recommend ~
aloha9881
aloha9881
03:32 08 Apr 21
I called Rosenbaum regarding an IP complaint at 8 pm PST which I didn't realize was already 11 pm at his time. He called me back within a few sec and gave me the best advice, I can’t get words for my appreciation.
ROB M.
ROB M.
22:14 23 Mar 21
Got the best advice from this firm! CJ was extremely helpful on getting our Amazon FBA account reactivated from infringement.
BG
BG
21:28 22 Mar 21
The entire team has blown me away with how helpful they are even before receiving a retainer. Jenn MacDonald is especially amazing, she is easy to reach and knows everything about Amazon selling and what the law firm can do for me to protect my account and my products from infringement. I seriously feel like I'm not alone navigating the scary waters of selling online now and their fees are so reasonable. Thank you guys, so excited to partner with you. 🙂
Vincent D.
Vincent D.
19:26 22 Mar 21
Spoke over the phone regarding Amazon copyright issue. They gave me great legal advice, and best of all they didn't charge me anything for the info! Would definitely recommend!
ThaReal J.
ThaReal J.
18:34 02 Feb 21
I dealt specifically with Marisol, and man was she informative and kind. She help me understand the severity of an IP claim while still making feel at ease to retaining this law firm and that they were the ones to handle my suspension. I can’t wait to retain this firm for all my Amazon issues moving forward.
Angel P.
Angel P.
19:30 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.
Linda Y.
Linda Y.
23:38 05 Jan 21
In my second month as a professional seller on Amazon, I received an IP complaint with a corresponding warning that my account was under review and in danger of possible suspension. After considerable panic, and hours of watching Utube videos on resolving IP issues. I found Rosenbaum Famularo, P.C. As advertised, their consultation was free and extremely helpful. I spoke with Marisol about my situation and she was amazing!! She is a great listener and advised me on a course of action. After I spoke with her I was able to proceed with tackling the IP problem. I highly recommend contacting this firm if you have any Amazon seller legal concerns, the consultation was free, friendly, helpful, and unhurried. I felt Marisol really cared about my situation and felt her genuine concern. A breath of fresh air in an often dismal world. Thank you!!!
globose W.
globose W.
15:52 05 Dec 20
Great work done by Rosenbaum Famularo, P.C Their POA worked liked a Charm to get an ASIN reinstated for a fake patent complaint. Special thanks to Jacques Lavaud for clearly understanding the case and creating a POA accordingly. 100% worth it.
Marty G.
Marty G.
04:00 03 Dec 20
I was having a copyright issue concerning a counter-claimant on Amazon.com. After researching law firms who specialize in copyright law, I decided to call Rosenbaum Familaro, P.C. CJ Rosenbaum answered my call and immediately put me at ease. He knew my concerns and was so generous with his time in explaining my options and imparting rock solid advice. THIS is the law firm to go to if you need legal advice and/or representation in matters of copyright and intellectual property rights. Highly recommended!
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!
Jared C.
Jared C.
20:56 10 Oct 19
I spoke with Jen today about the details of IP claims on amazon. She was very helpful and I feel much more reassure after talking with someone who works in this space every day.
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
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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:

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.

After determining the nature of the infringement, the seller, through their attorney, 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 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.

Book: Amazon Law Library

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.