The Material Difference Exception is a very important exception to the First Sale Doctrine.
We utilize the Material Difference Exception often in terms of reporting intellectual property infringement on Amazon.
The First Sale Doctrine is unique to the United States, and allows people to buy and sell goods relatively freely.
Essentially, many sellers have questions about how to go about enforcing IP rights when they cannot prove that a seller is selling counterfeit goods.
One way of protecting a brand is to have a registered trademark.
Sellers need to keep in mind that just because they have a registered trademark does not mean that they can just file a complaint because they believe that someone else is using it. In order to file a complaint, they need to have a legal basis.
You register your trademark with the USPTO. The process can take several months, and the fees are contingent on the products covered.
To learn more about using trademarks to protect brands, contact us for a free consultation: 1-877-9-SELLER / CJ@AmazonSellersLawyer.com.
As a law firm, our team stands up for sellers against baseless IP complaints and obtains withdrawals.
When Amazon refuses to reinstate accounts or release sellers’ money, we take Amazon to arbitration.
Our team helps private labels with filing trademarks and protecting brands from counterfeiters. We have tremendous experience with rights owner complaints and intellectual property law as it pertains to Amazon sellers.