Beware! Amazon and law firms are taking action one after another, and a large number of sellers may fail before Prime Day!

Beware! Amazon and law firms are taking action one after another, and a large number of sellers may fail before Prime Day!

A seller had a product with sales of millions removed from the shelves due to complaints. The reason was that someone registered the patent for the product first and filed a complaint for infringement. The product that he had worked so hard to develop was stolen by others, and he became the "thief". His complaints were ignored.


All sellers are terrified of Amazon's infringement policy. The penalties are very severe. It is predicted that this year's Prime Day will be held in July. Now that the time is approaching, you must be more careful. If you accidentally step on the minefield, you will miss the opportunity to make a big order. Recently, Amazon and law firms have launched a series of attacks, and a large number of sellers may fail before Prime Day. Sellers must be vigilant!

Amazon files lawsuit against 33 accounts

Amazon has always had zero tolerance for infringement. Not only will it remove listings without hesitation upon receiving complaints, it will even file lawsuits with brands. Sellers who infringe on copyright and sell counterfeit goods will generally face serious consequences such as being sued, having their infringing products seized, having their accounts blocked, and having to refund affected buyers.


Recently, two major brands teamed up with Amazon, and 33 accounts were accused:


①YETI


Well-known outdoor brand YETI has teamed up with Amazon to launch a second round of lawsuits, suing multiple bad actors, accusing them of attempting to sell counterfeit YETI products, including YETI's popular Rambler mug, through four accounts.



②Canon


As a world-renowned electronic product manufacturer, Canon has always been very aware of combating infringement. In Q4 last year, it used the "Report Violation" tool to report 1,202 infringing listings to Amazon. Now it has joined forces with Amazon to accuse 29 accounts of selling counterfeit Canon batteries and chargers on Amazon.



It is observed that joint prosecutions are almost always for trademark infringements. Brand names and logos are the hardest hit areas for infringements . Sellers should not use them on listings or products, otherwise they will face the risk of infringement.


On the Amazon platform, infringement is a very serious violation of regulations. Amazon's methods of dealing with infringements are generally quite severe. At the very least, the product will be removed from the shelves, and at the most serious, the business will be closed directly.


Thousands of stores sued by law firms


When it comes to infringement lawsuits, we have to mention the rogue law firms that are "struggling on the front line." According to incomplete statistics, as of May this year, there have been more than 500 infringement cases and more than 5,000 stores have been frozen. Cases are still being filed, and I'm afraid that many sellers will "suffer" before Prime Day.


Compared with Amazon's joint lawsuit, the law firm's attack scope is wider, and trademarks, patents, and copyrights are all their "cash cows." One used a trademark lawsuit to freeze 1,038 stores:



There was also a case where 399 stores were destroyed with just 4 pictures:



There is also one who "broke down" 251 accounts with one appearance patent:



It can be seen that no matter which type of infringement, it is extremely lethal. Although being sued for infringement is not as fatal as having your account blocked, the high settlement fee is enough to make the seller suffer a lot. If you cannot get out of it in time, your sales plan during the peak season will be disrupted, so sellers have to be on guard.


How to avoid infringement risks?


Tips for avoiding trademark infringement:


Without the official authorization of the product brand, using the other party's registered trademark on the product details page without authorization, or affixing the other party's trademark on the goods for sale, are all considered trademark infringement. It is recommended to do a good job of trademark search before selecting products or listing them , and avoid using other people's trademarks on the listing, even if it is a product keyword.


Patent infringement avoidance suggestions:


① Appearance patent: The standard for determining infringement of appearance patents is general similarity , that is, whether the general public will mistake the product in question for the patented product through comparison. If it is easy to be mistaken, the infringement risk is high. If the product sold is highly similar to the appearance patent of others, there is a high risk of infringement and special attention should be paid.


② Invention patents: In invention patents, independent claims have the largest scope of protection, and sellers need to pay special attention to them. If a product falls within the scope of protection of independent rights, there is still a possibility of infringement even if the product appearance is changed , so a comprehensive analysis and comparison should be done.


Copyright infringement avoidance suggestions:


According to the Copyright Law, once a work is completed, it will automatically have copyright and be protected by law, which is the principle of automatic copyright protection. In other words, as long as someone else's work is used in a listing, there will be a risk of copyright infringement. In view of this situation, if sellers want to completely avoid copyright infringement, they must be "original", otherwise, no matter how careful they are, they may infringe without knowing it.

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