4 Common Misconceptions of Reporting IP Infringement on Amazon
ISSUE #1: MAP (minimum advertised pricing).
They will try and use this as a way of, what they believe is, enforcing IP infringement. But Amazon makes it very clear that violating a MAP policy does not constitute IP infringement. So, it could be a contract violation, but not intellectual property infringement.
ISSUE #2: Unauthorized resellers.
This is another issue that sellers report each other for all the time. Just because you’re not authorized does not necessarily mean you’re infringing on another’s IP rights. This is sometimes called the gray market. You can purchase your goods from a variety of sources and resell them. If you’re buying and reselling them legitimately, just because you’re not authorized does not mean you’re infringing on someone’s IP rights.
ISSUE #3: Distribution issues.
This is another contract issue. If you sign a contract with someone else and you agree to distribute only on Amazon or on certain websites, again, this could be a contract dispute, but not IP infringement.
ISSUE #4: Owning a listing on Amazon.
Sometimes we see brand owners create a listing and then other sellers will join the listing. Often, they’re selling the exact same product with the exact same packaging, but there’s this common misconception of, or maybe it’s not super common but I do see it from time to time, that brand owners believe that they own the listing, and that no one else is allowed to join.
That is not the case on Amazon. It’s not how Amazon works. When someone creates a listing, you are allowed to join it as long as you are actually selling exactly what is on that listing. So there’s no such thing as owning a listing on Amazon.