In my last post, I promised to spill the beans on a juicy client story. Well, grab your popcorn because it's showtime!
My client, Dead On Display, was casually browsing Amazon – as one does – and, lo and behold, stumbled upon their doppelgänger. No, it's not a long-lost twin but a brazen copycat mimicking their product.
They texted me,
"Can we pay you to help with that? That way, we don’t miss something or do it wrong.”
Challenge accepted!
I rolled up my sleeves, ready to dive into the delightful maze of Amazon's bureaucratic jungle, where trademark laws are more tangled than a bowl of spaghetti. It’s no joke.
Don’t believe me? Just check out the millions of issues on the https://sellercentral.amazon.com/seller-forums.
Before we go too much into this specific case, I want to briefly go over frequently asked questions some questions clients have asked me over the years that shed light on the importance of a brand registry with Amazon.
These questions help you answer whether or not it is a good idea to seek out an Amazon Brand management agency like My Retail World when selling on Amazon.
Based on the content from the Sellzone article on Amazon Copyright and Trademark Infringement, here's a question-and-answer format that covers the key points:
A1: Copyright in e-commerce refers to the exclusive rights to text, images, songs, or books you create. It's part of a brand’s intellectual property (IP) and is specifically defined under the U.S. Patent and Trademark Office. E-commerce sellers are also covered by the Digital Millennium Copyright Act (DMCA), which provides a system for reporting copyright infringement.
A2: Amazon adheres to the DMCA’s authority, offering a notice-and-takedown system for sellers.
This allows action against anyone copying product ideas, images, product descriptions, logos, packaging design, or anything else protected under DMCA IP rules.
This is great; however, compiling the documentation and putting the correct documents in the submitted form can be challenging. I recommend seeking professional help in for too many failed cases, and Amazon will remove your ability to submit issues.
However, Amazon does not enforce distribution licenses, a separate issue between the licensor and licensee.
A3: Amazon proactively scans the marketplace for violations like counterfeit goods or unauthorized use of business names. Sellers should register their work with the US Copyrights Office and apply for a trademark number from the USPTO. Additionally, Amazon's Brand Registry program helps monitor IP security, blocking illegal product listings and tracking other intellectual properties.
A4: To report infringement, use Amazon's Brand Registry or the Report Infringement system.
A dropdown menu will unfold, showcasing various flavors of infringement – think patent breaches, copyright violations, or trademark trespasses. Copyright, after all, is an umbrella term encompassing a variety of IP sins.
The goal here is to lay out clearly how this product or business is stepping on your intellectual property toes.
A5: If you receive a notification of an infringement claim against your account, you should contact the filer directly to resolve the issue or provide a counter-notice.
Counter-notices are legal documents, and it's advisable to consult a legal expert when making one. Amazon will review the counter-notice and decide on restoring your content if the original claimant does not file a lawsuit.
Dead On Display, a company nestled in the Rocky Mountains and steeped in the tradition of big game hunting, poured their heart and soul into creating a unique European Skull taxidermy mount.
Their pride and joy was a patented bracket, ingeniously designed to bolt inside various game animals' skulls. Imagine their shock when a routine Google search unveiled an imposter selling a strikingly similar product.
Wisely, they reached out to me, embracing the principle of delegating tasks to experts rather than getting bogged down in the how-to.
This decision saved them countless hours of frustration.
In tackling this patent infringement case, my approach was methodical and efficient.
I conducted a test buy of the counterfeit product to compare it against Dead On Display's patent. This involved meticulous documentation, including photographing the infringement, creating dimensional visuals, and drafting a detailed report and policy quotation for Amazon Seller Central.
Liaising with Amazon's customer support was the final step in this process.
It took about four hours of focused work – The issue was filed on January 26th and resolved today, January 29th, a testament to the value of expertise in navigating the complexities of intellectual property protection on Amazon.
Being proactive in safeguarding your IP on Amazon is crucial. Register your copyrights, trademarks, and patents as soon as possible, and actively monitor your product listings. Joining the Brand Registry and using monitoring tools can help prevent infringements and avoid legal complications.
If you would like the assistance of a professional in anything Amazon, I’d be happy to connect.
For more detailed information and guidance, refer to my website, myretail-world.com. Or you can connect with me via LinkedIn: https://www.linkedin.com/in/brysen-p-4787ab9a/ or email info@myretail-world.com
