Amazon Trademark Infringement
This page concerns Amazon trademark infringement. If you have a copyright issue on Amazon, please see our amazon copyright infringement page. For Amazon patent issues, please see our amazon patent infringement page.
The Internet has made it far easier for someone to infringe on a 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, or if a claim has been instituted against you, 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 trademark infringement, including trade dress infringement.
Amazon Brand Registry
Amazon offers a trademark protection tool known as Brand Registry. Sellers can sign up for this service in order to proactively monitor potential instances of trademark infringement. Once an seller signs up, they have access to proprietary text and image search tools that can quickly identify potential violations.
Amazon Brand Registry allows listings to be searched via keywords and Amazon Standard Identification Numbers (ASINs) and there’s a workflow that allows reporting of trademark violations. Whenever an infringement issue arises, we recommend that you have an attorney assist you. First, Amazon is more likely to respond when the claim comes from an attorney. Secondly, making mistakes in reporting infringements to Amazon can lead to litigation and also being banned by Amazon from being a seller on the website.
Unauthorized Use of a Trademark on Amazon
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 trademark 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.
Report Trademark Infringement Amazon
We often see issues when a seller lists their product under an ASIN (Amazon Standard Identification Number) that is not their own. This associates their products with a trademark they don’t own which 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 trademark cease and desist letter or the filing of an trademark 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. In these situations we understand that every day can mean lost revenue. We are very experienced with Amazon infringement issues and if you are having an infringement issue on Amazon we will aggressively defend your rights.
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 and services 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 must still resolve the complaint with Amazon. At times a counter-notice to Amazon is the appropriate response.
Consult with an Amazon 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 trademark infringement, including Amazon processes and any cease and desist letters or litigation that may follow. We look forward to assisting you.
Please feel free to contact us for assistance.