Selling products on Amazon has many advantages, such as a large buyer base, global brand awareness, and easy installation and use, but there will be some unscrupulous sellers who will infringe on your interests. Here are some common problems you may encounter on Amazon and how to protect your listings and brands from infringement. Problem 1: Hijacked Listings "Hijacked Listings" means that some sellers use the same listing to sell counterfeit products similar to yours, and may also steal your Buy Box. If you encounter this situation, here are some suggestions: ▪ Click on the seller’s name on the product page and select the “Ask A Question” button. Then send them a cease and desist letter stating that you are the original owner of the listing, asking them to stop selling the item, and informing them that their actions are in violation of Amazon’s Terms of Service. ▪ File a complaint with Amazon, whether or not you are a brand registrant. ▪ Contact a lawyer and let them handle it. Problem 2: Piggybacked Listings Closely related to "Hijacked Listings," "Piggybacked Listings" are when there are sellers who are also selling your product, but they are not counterfeit. However, it’s almost impossible to tell if it’s yours just by looking at it, so the best thing to do is to buy one and double-check that it’s actually yours. Although US law allows sellers to resell products, Amazon's ToS stipulates that there cannot be duplicate listings for the same ASIN, so your options are more limited. The only way to combat this and keep your listings safe is to find out where they are sourcing from and try to cut off the supply. Issue 3: Copyright or Trademark Infringement Copyright usually relates to creative works, such as your logo, images, product packaging design and listing. Once you create these by yourself, as long as they are original, the copyright belongs to you. A trademark, on the other hand, is more about the company itself, i.e. the brand name, product name, slogan, etc. If you discover that a seller is infringing your copyright or trademark, take the same steps as with piggybacked listings: send a cease and desist letter, file a complaint with Amazon through the Amazon Brand Registry or the infringement violation report. You will follow pretty much the same steps as for trademark infringement, but when you send a cease and desist letter or fill out the infringement violation form, gather as much evidence as possible. The success of your complaint will depend on whether you can prove that you are the original owner/designer. Question 4: Patent Infringement While the issues introduced above concern infringement of ideas and proprietary information, patents concern innovations or inventions, of two main types. ▪ Utility patents, which protect the use or production of a product. These patents are highly technical in nature, so they can be expensive and take a long time to obtain protection. ▪ Design patents, which protect the design and appearance of a product. These patents usually take less time to secure and are cheaper, but you will need to prove that part or all of the design is 100% original. Once you find that your patent has been infringed, you can handle patent infringement just like copyright and trademark infringement, the only difference is that for utility patents, you can use Amazon’s patent neutral evaluation service. Question 5: IP Infringement Claim Intellectual property itself involves areas such as patents, trademarks, copyrights, and trade secrets, and the content and boundaries of the rights they protect have their own characteristics. If you encounter a seller who has made a false intellectual property claim against you, here are some things you can do: ▪ Email the seller (using the email address provided by Amazon) and ask them to outline what intellectual property you have violated. Staying calm and rational is key, as your goal is to resolve this issue as quickly as possible. ▪ Then get more detailed information from the seller. If you may have violated their intellectual property, you should get as much information as possible. ▪ Finally, if their claim of intellectual property infringement is unfounded, then you need to file a counter-DMCA notice with Amazon. Problem 6: Fake Reviews Although Amazon has been cracking down on buyers who leave fake one-star or five-star reviews, this situation still exists. A clear way to distinguish fake reviews is whether they have a verified badge (Verified badg), and another way is to check the common keywords that appear in the reviews of the listing and then find out the fake reviews. Before taking any action, take screenshots of any reviews you think are suspicious. Find and screenshot as many reviews as you can. For fake reviews, contact Seller Support and provide them with the details and a screenshot of the review. The best way to protect your brand Before you run into the above problems, sellers can refer to the following suggestions to protect their brands: ▪ Place your trademark everywhere including on the product and its packaging. ▪ Use the barcode provided by Amazon (FNSKU) instead of the barcode provided by the manufacturer. ▪ Secure your account on Seller Central by logging in with 2-step verification. ▪ Consider using a third-party app that will alert you to potentially suspicious behavior, such as changing your description or image. ▪ Apply for an official trademark for your brand and logo. ▪ Join the Amazon Brand Registry so that your brand and products will be categorized and identified. ▪ Take it a step further with Amazon Transparency, which assigns a unique barcode to your product. Taking another two steps directly in Amazon Project Zero is similar to Transparency, but with greater functionality, allowing you to delete your listings yourself without having to wait for Amazon to do so. If you are a member of Brand Registry, you can use Brand Control on your brand or specific ASINs, which allows you to protect your brand and listings. |
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