AMAZON SELLERS LAWYER SUCCESS: Multiple Trademark Infringement Complaints Resolved
Recently, we helped a seller who received trademark infringement complaints from 3 different complainants for 4 different ASINs. However, our client never sold or listed on these ASINs. We were not sure why his account was flagged.
For those who don’t know, a trademark is any word, name, symbol, design, or any combination thereof used to identify and distinguish the goods of one manufacturer/seller from those of another and to indicate the source of the goods. It often stands as a mark of quality.
When it comes to Amazon sellers, trademark infringement occurs when Amazon third party sellers use unauthorized and improper business names identical or similar to that used by another seller.
Often, sellers do not realize they are committing trademark infringement. When joining a listing, a seller should check that there are no other listings for this product on the Amazon platform. Many sellers inadvertently join a duplicate listing and get their account suspended.
When sellers are creating listings, it is extremely important to check with the USPTO database to ensure that they are not infringing on another brand’s trademark.
We were able to draft rights owners letters on our client’s behalf and reached out to all the complainants. We received retractions almost immediately from the complainants and this issue was able to be resolved on our client’s account.