Amazon Sellers’ Guide to Trademark Law

By: CJ Rosenbaum Esq., Anthony Famularo Esq., Christopher Abiuso, and Benjamin Lobley
Book: Amazon Sellers Guide - Trademark Law
It’s crucial to register your trademark to protect your product/s from being infringed upon.

Without registering the trademark, your ability to enforce your intellectual property rights is limited to your geographic area.

In contrast, if you register with the USPTO, your trademark will be extended to the entirety of the US.

This book focuses on informing sellers about protecting their brand and the steps that can be taken to prohibit infringers.

There are two main goals of this book: Educate online sellers about trademark law and how it affects them, and to teach online sellers how to protect their trademarks from infringement or avoid infringing on others.

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We wrote the books on doing business on Amazon and maintain the #1 site for Amazon sellers.

We can assist you in discovering the issues within your Amazon seller account that caused a suspension. We provide a detailed analysis of your account, identify the underlying issues, and figure out how to address each of them before we complete your Plan of Action and get your account reinstated.

Rosenbaum, Famularo & Segall, PC focuses on 3 major areas for Amazon sellers:

  1. Suspensions: Plans of Action for non-legal suspensions and obtaining withdrawals of intellectual property right complaints.
  2. Arbitration against Amazon: when Amazon refuses to reinstate accounts or seizes money/goods belonging to Amazon sellers.
  3. Brand Protection: for private label sellers on all ecommerce platforms.

GET HELP NOW: We protect your privacy under the Attorney-Client Privilege by law.

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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.
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!!!

Amazon Sellers' Guide to Trademark Law: watch & read more posts like this below:

Amazon Sellers’ Guide to Trademark Law

TABLE OF CONTENTS

Introduction

Purpose of this book ……….. iv

Firm Profile ……….. iv

Author Profile ……….. vii

Legal Disclaimer ……….. xi

Chapter 1: When Should a Trademark Be Pursued, and When Is it Best to Walk Away? ……….. 1

I. What Is a Trademark? ……….. 1

II. Geographic Zones ……….. 7

Chapter 2: The Filing Process ……….. 13

I. Introduction ……….. 13

II. Specimen and Declaration of Use ……….. 14

III. Examination ……….. 17

V. Continued Use ……….. 20

VI. Intent to Use ……….. 22

VII. Madrid Protocol ……….. 24

Chapter 3: How to Design a Trademark ……….. 29

I. Introduction ……….. 29

II. Distinctiveness ……….. 30

III. Acquiring Secondary Meaning ……….. 39

IV. Genericide ……….. 42

Chapter 4: Trade Dress ……….. 46

I. Introduction ……….. 46

II. Protectability ……….. 47

III. Trade Dress Categories ……….. 51

IV. Trade Dress Enforcement under the Lanham Act ……….. 54

Chapter 5: Likelihood of Confusion ……….. 58

I. Introduction ……….. 58
II. Confusion Among Consumers ……….. 62

Chapter 6: Fair Use of Another’s Trademark ……….. 70

I. Introduction ……….. 70

II. Classic Fair Use ……….. 71

III. Nominative Fair Use ……….. 74

IV. Classic and Nominative Fair Use ……….. 78

Chapter 7: Negative Associations ……….. 82

I. Introduction ……….. 82

II. Assignments in Gross ……….. 83

III. Dilution ……….. 87

A. Tarnishment ……….. 90

B. Blurring ……….. 92

Chapter 8: Protecting Trademarks Online ……….. 96

I. Introduction ……….. 96

II. Vigilance and Policing of your mark ……….. 96

III. The Legal Process ……….. 100

IV. Outcomes ……….. 101

V. Conclusion ……….. 108