Amazon also infringed on copyright!? Officials directly removed products from shelves

Amazon also infringed on copyright!? Officials directly removed products from shelves



In recent years, Amazon has tightened its platform policies, cracked down on unlicensed and counterfeit products, and strongly encouraged brand sellers. However, with the increase in the number of brand sellers, the problem of infringement and infringement has become more serious year by year, and even Amazon's own brands have been affected.


Yesterday, Echelon Fitness, a third-party fitness equipment brand on Amazon, released a new fitness bike, saying it is a "Prime Bike" launched in cooperation with Amazon, and it is on sale on Amazon for $500.

However, Amazon immediately denied the allegations, stating that "these two cars are not Amazon products, nor are they related to Amazon Prime. Echelon currently has no formal partnership with Amazon ." At the same time as making the statement, the Echelon product was removed from the Amazon website.


Foreign media also dug up an interview with Echelon's president a while ago. In the interview, Echelon's president said that it had already started cooperation with Amazon in January this year . Amazon purchased fitness bikes from Echelon and required the cost price to be kept below US$500.


The brand has not responded yet, but the press release related to the product has been deleted . It may be that the brand has withdrawn the article on its own, or Amazon has pressured the media to withdraw the article. Is this incident a case of the brand forcing Amazon to do something wrong, or is there a real cooperation between the two parties?


I think the latter possibility is more likely, that is, the two sides failed to reach an agreement on the cooperation issue, or there was a misunderstanding in the content of the cooperation, which led to such a misunderstanding. If the two sides really have no cooperation relationship, Echelon directly used the Prime logo and Amazon brand name, which would definitely not be as simple as removing the product from the shelves . The brand side would be condemned and sued.


Therefore, the consequences for Echelon this time are not serious. Amazon just slapped its face and removed the product from the shelves. After the contract is negotiated, it can be put back on the shelves for sale. Normally, if we sellers are not well prepared and infringement occurs accidentally, the consequences are still quite serious. At the very least, the product will be warned of removal from the shelves, and at worst, the store will be frozen and unable to sell.


How can cross-border sellers avoid infringement?


If sellers want to avoid infringement in product selection, store opening, etc., they need to have sufficient understanding of the types of infringement. The types of infringement are generally divided into the following types.


1. Copyright infringement: This type of infringement generally refers to infringement of copyright, which is rarely encountered by cross-border sellers.

2. Trademark rights: If you use the brand name, trademark or logo without the official authorization of the brand, it will cause this kind of infringement. Most trademark infringements can be avoided by not selling counterfeit and fake products.


However, there are also some very disgusting operations, such as registering some common words or common combinations as trademarks, and then complaining about infringement and removing products from shelves when others use them , and demanding compensation, etc. This is not new in the cross-border industry, and many sellers have suffered losses from this. The following chat is taken from our seller communication group. Add my WeChat ID (zyqmda) to join the group.


3. The third type of infringement is patent infringement, which is further divided into invention patents and design patents.


An invention patent means that the product was invented by the brand and has been patented. If a seller sells counterfeit products without permission, it is an infringement.


Design patents are much more extensive. Brands can apply for design patents for the shape, pattern, color, or other design elements of a product. If the similarity of the products sold by the seller exceeds 60%, it is considered infringement.


Of course, it is also difficult to identify the latter patent infringement, especially the appearance patent, which is complex and difficult to determine whether it is an infringement. Therefore, the sellers’ most serious infringement is the second trademark infringement, which is easier to judge and protect rights, and it is also the easiest to succeed in filing a complaint on Amazon.

Therefore, when selecting products and putting them on the shelves, it is best to refer to the trademark websites of various countries to make sure that the words you use do not include registered trademarks, otherwise it will be very troublesome to be complained about infringement later.


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