How can Amazon sellers avoid infringement?

How can Amazon sellers avoid infringement?


Amazon sellers are most afraid of being blocked. To ensure smooth business operations, they must abide by the rules. One of the common reasons for Amazon blocking is trademark infringement, where sellers use copyrighted symbols, designs, etc. without permission.


Amazon Trademark Infringement Policy



Amazon takes trademark infringement very seriously, and all sellers’ products and listings must comply with laws, regulations, and platform policies.

Amazon policy states that sellers who infringe trademark rights will be banned and, in some cases, face legal action.

The seller is fully responsible for the authenticity of the product and the use of the trademark. From the moment the seller purchases the product, they need to review and evaluate the product to determine whether the product has the risk of trademark infringement.


How to determine whether a product is a brand?



There are a number of ways you can check to see if a product is protected by trademark law:

1. Check the seller

When you find a hot-selling product, don’t rush into the market. First, check the number of sellers selling the product.

If the quantity is smaller, the product needs to be licensed.



2. Website query

The patent search website can view trademark information:


United States - The United States Patent and Trademark Office website is very useful. It allows you to quickly check the trademark of a product, contact information, and other information. If you want to register a trademark, it also provides registration tutorials.


European Union - The European Union Intellectual Property Office can check the trademark and patent status of products. The website interface style is very simple, which allows you to quickly find trademark information, contact information, etc.


INPI - Available only to French users, it can search for trademark information and provide tutorials on how to register a trademark.


World Intellectual Property Organization (WIPO) — This is one of the most comprehensive resources on trademarks and brands, where you can find all things related to intellectual property.



3. Other methods

Google Patent Search Engine – Works the same way as Google search, enter the product and see if the results return relevant brand websites.


Google Image Search – Upload the product’s image to Google, which will then identify the product and provide the product’s brand name and logo. If it is not recognized, it may not be a trademarked product, but it is recommended to search again using other methods.

Ask suppliers directly - When purchasing goods, ask suppliers, distributors or manufacturers for trademark information.



How to avoid trademark infringement?


It is much easier to prevent trademark infringement than to deal with it after it happens. You can take a variety of steps to avoid infringement:


1. Don’t follow others’ sales

Follow-selling is very common on the Amazon platform. However, to avoid infringement, sellers are advised not to follow-sell casually. It is recommended that you create your own product listings. Follow-selling can easily put you in the predicament of infringement.


2. Research suppliers

Make sure you always buy from reputable suppliers. Before signing a deal with a supplier, research their reputation and what others are saying about them. Sometimes a simple Google search will tell you a lot about the supplier.


3. Pay attention to the words you use

For example, if you are selling Samsung phone cases or accessories, when editing the product page, it is best to add a preposition between the brand and the product. Do not just write "Samsung Galaxy Phone Case". Add "is compatible with" or "suitable for" in the middle. Directly connecting the product and brand name is a typical case of infringement.



What should I do if I am complained of infringement?


Even if you are careful, you may still be accused of copyright infringement. If this happens, you need to take action immediately to prevent the situation from getting worse.

  • First, remove the listing immediately;

  • Then, contact the complainant. Contact the complainant directly, using professional and sincere language to explain that the violation was not intentional, and provide evidence if possible.

  • Apologize. Make sure the listing has been removed. Understand what you can do to make amends or provide a solution that satisfies both parties.



There are two situations for contacting Amazon:


1. No infringement


If you believe you have not infringed your rights, you can email Amazon ( [email protected] ) to explain the situation. The steps are as follows:

Explain that you are aware of the complaint and have contacted the complainant;

Describe the problem and provide specific details, such as logo similarity;

Show evidence that you are not infringing, such as documents provided by your supplier;

Request account recovery.

2. Infringement indeed


If you do infringe copyright, you need to take the following steps:

Show that you have realized your mistake.

Express regret for making a mistake;

·State that you have contacted the complainant;

Indicate that you have removed the listing.

Guarantee that the listing will not be relisted;

Provide performance;

Make a statement of commitment to behave in a responsible manner.


Amazon will listen to both sides, and if you apologize sincerely and prove that you will not do it again, Amazon will most likely reinstate your account. However, if the violation is repeated, the account will be deleted.


If you are involved in legal proceedings, you should immediately seek advice from a legal professional and provide all evidence and documents to help your lawyer understand the situation.



How do I report copyright infringement?



Infringement by other sellers can cause huge losses to your business. If you sell branded products, which are protected by trademark law, but you find that other sellers offer the same products, you will need to provide evidence to prove whether the products are genuine. You can test whether their products are genuine by test buying.

If you confirm that the product is not genuine after purchasing and testing, you can file a complaint with Amazon to protect your business.


The process for reporting to Amazon is as follows :

Go to https://www.amazon.com/report/infringement;

Fill in the form , specifying various details:

       

When filling out forms, the more detailed the information, the better, as it will speed up the process.

When you are finished, click Submit.

Generally, you will receive a response from Amazon within 5-7 days after submission.

Amazon will contact you to ask for further information or request images of the product or screenshots of the infringing listing.


If you specialize in selling your own brand products, it is recommended to register with Amazon. This service can provide various rights and tools to protect your listings. After the registration, you still need to fill out a form to report infringement, but the processing time is greatly shortened, and Amazon usually responds within 24 hours.

Copyright infringement is theft, and sellers need to take any complaints seriously. The best thing to do is to take steps in advance to prevent this from happening.


Text ✎ Mary/

Statement: When reprinting this article, the title and original text must not be modified, and the source and original link must be retained.

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