AMAZON TRADEMARK INFRINGEMENT
The Internet has made it far easier for someone to infringe on your trademark. Websites can reach customers throughout the world. One site that has been a forum for numerous trademark infringement claims is Amazon.com.
If you believe that another party is infringing on your trademark rights on Amazon, we can assist you. All sellers on Amazon are required to comply with laws regarding intellectual property ownership. In addition, Amazon itself has a duty to reasonably prevent any intellectual property infringement, including trademark infringement, copyright infringement, trade dress infringement and patent infringement.
Amazon does have a complaint system by which businesses can submit claims that a seller is infringing on their rights. In our experience having an attorney contact Amazon on your behalf will get fast results.
Unauthorized Use of Your Trademark
Many different versions of the same product are often being sold by numerous companies on Amazon, generally with varying degrees of quality and reliability. Other parties can attempt to confuse consumers into purchasing their products instead of yours in several ways. Some sellers may use your business name or other trademarked or copyrighted material to try to sell competing goods. This can involve recreating and selling something with a similar appearance or a similar name. This can confuse customers into believing that they are purchasing your product when they are, in fact, purchasing an inferior knockoff. This can lead to customer disloyalty and negative reviews of your own product.
Unauthorized Use of Your ASIN
We often see issues when another seller lists their own product under your ASIN (Amazon Standard Identification Number). This associates their products with your trademark, and can constitute trademark infringement. If someone uses your trademark or ASIN to sell an inferior product, it can substantially harm your business’s reputation and goodwill.
If you believe that your trademark has been infringed on Amazon in any way, Amazon’s process of infringement prevention and enforcement may not adequately resolve the matter. In such situations we recommend either a cease and desist letter or the filing of an infringement lawsuit. You may need to pursue a legal claim to obtain an injunction against the infringer and to seek monetary damages for the harm caused by the infringement.
Facing a False Infringement Claim From Amazon
In other situations, parties may believe that your actions are unlawful. You may rightfully own a trademark and may be accused of infringing on others’ rights—and they may request that you stop using your name or brand.
You should never ignore claims of infringement because such claims can quickly escalate. If an infringement has been alleged, you may receive notification that Amazon has removed your items and you can even been banned as a seller from the website.
An attorney can review the claims against you and determine:
- Whether you had the rights to the trademark because of prior use
- Whether the trademarks or goods are different or unrelated enough that they do not constitute infringement
- Whether any trademark registration at issue is valid
Even if you are sure that you did not infringe on another party’s trademark, you still must resolve the complaint with Amazon. At times a counter-notice to Amazon is the appropriate response.
Consult with a Trademark Infringement Attorney
Whether you believe that your trademark has been infringed or another party is falsely accusing you of infringement, we can assist. We handle all aspects of Amazon infringement matters, including Amazon processes and any cease and desist letters or litigation that may follow. Please feel free to contact us for assistance.