Tortious Interference With A Contract With Amazon
Rise in False Counterfeit Complaints on Amazon How Intentional Interference Applies To False Counterfeit Complaints. We have noticed a tremendous increase in false counterfeit complaints in the past six months. We have represented numerous sellers who have been accused of selling counterfeit products when the products they were selling were completely genuine. The vast majority […]
Importance Of Document Retention
We have seen a tremendous influx in counterfeit and inauthentic item complaints over the past few months. One way to defeat these types of complaints is to provide documentation which shows where you source your product. Unfortunately, many sellers do a poor job of maintaining invoices or bills of lading. Poor document retention makes it […]
Common Misconceptions Associated With Amazon IP Infringement
We have received a lot of inquiries from sellers regarding Amazon’s policies and the type of conduct that constitutes IP infringement. There are a lot of misconceptions about what Amazon considers prohibited conduct. One of the most common complaints accuses sellers of being “unauthorized re-sellers.” Unauthorized Re-Sellers The vast majority of Amazon sellers acquire and […]
Benefits Of Liability Insurance
Most sellers are unaware that Amazon requires third party sellers to carry and/or provide proof of liability insurance. While Amazon has not generally enforced this requirement, a recent string of intellectual property lawsuits may cause Amazon to start enforcing this requirement. As a seller, you can be liable if somebody gets hurt using your product, […]
Suspended Amazon Accounts Reinstated – Our First Plan Of Action
Amazon Suspension Lawyer was recently retained by several sellers who were suspended for ASIN violations and intellectual property complaints. The sellers tried to reinstate their accounts on their own with no luck. Although Amazon is usually aware of violations before they suspend your account, admitting to any wrongdoing with Amazon is a bad idea – […]
The Material Difference Exception To The First Sale Doctrine
The First Sale Doctrine protects Amazon sellers who simply resell products they purchase from manufacturers or Copyright/Trademark owners. Sellers who make small modifications to products may not be protected by the First Sale Doctrine because the modification can cause “consumer confusion.” Even a small modification can trigger the Material Difference exception. The term “Material Difference” […]
How The First Sale Doctrine Protects Amazon Sellers
Understanding the First Sale Doctrine in Trademark Law The First Sale Doctrine authorizes a seller to re-sell genuine and unmodified products which have been placed into the stream of commerce by the trademark owner. Application of the First Sale Doctrine for Amazon Sellers Most Amazon sellers resell products from other brands which they legitimately purchased […]
Amazon Withdrawing From Domestic China Market
Amazon recently announced that it is withdrawing from the domestic China market after 15 years. Amazon has faced stiff competition from companies like Alibaba, JD.com and recent newcomer, Pinduoduo. This announcement has complicated matters for Chinese sellers who sell domestically in China and overseas to US customers. Our Chinese client base has increased since Amazon’s […]
Amazon Seller Support Experiencing Long Delays
Many of our clients have reported delays in communicating with Amazon Seller Support. These delays are causing sellers to experience longer than usual down times. Prolonged down times are extremely disruptive to sellers’ businesses. Most sellers try to resolve account suspensions on their own without knowing or understanding Amazon’s unique policies and procedures. Sellers should […]
Amazon Arbitrary Suspensions Are Ruining Businesses
This is a classic example of how Amazon’s arbitrary suspensions are completely crippling sellers’ businesses. Amazon provides many people with an opportunity to become entrepreneurs. In this particular case, a seller who was recently laid off decided to open her business, which was making between $1,500 to $2,000 per month, half of which she was […]
