Listing hi-jacking, counterfeiting and infringement is at an all-time high. Sellers who are not enrolled in Amazon Brand Registry can be easily suspended for infringement and counterfeiting even if they comply with Amazon’s policies. Sellers who are not enrolled in Brand Registry are subject to baseless complaints, meritless suspensions and trademark bullying. Sellers enrolled in Brand Registry are unlikely to fall victim to baseless complaints and trademark bullying. Once a seller is registered in Amazon’s Brand Registry program, Amazon Suspension Lawyer provides assistance with trademark and brand enforcement. Our enforcement process includes three components:
Test Buys
If our client suspects another seller is in infringing on their brand or trademark, or is engaging in counterfeiting, Amazon Suspension Lawyer immediately encourages our client to make a test buy. A test buy allows Amazon Suspension Lawyer to compare and evaluate the infringing seller’s product, packaging and warranty. If the product infringes on our client’s intellectual property rights, Amazon Suspension Lawyer immediately issues a Cease and Desist letter.
Cease and Desist Letter
Amazon Suspension Lawyer will issue a Cease and Desist letter to the infringing seller. The letter will explain why the competing seller is engaged in infringement and/or counterfeiting. The infringing party will be offered an opportunity to destroy the infringing product(s) and to pay a monetary settlement to compensate our client for lost sales. If the infringing party agrees to the terms contained in the cease and desist letter then Amazon Suspension Lawyer will prepare a formal agreement. If the infringing party disagrees or refuses to respond to the cease and desist letter then Amazon Suspension Lawyer will report the seller to Amazon for infringement and/or counterfeiting.
Formal Infringement Report to Amazon
An infringing seller who fails to adhere to the cease and desist letter will be reported to Amazon for infringement and/or counterfeiting. Amazon Suspension Lawyer will prepare a formal submission to Amazon indicating a test buy was effectuated and that an evaluation of the competing product confirms infringement and/or authenticity. Amazon maintains discretion to warn the seller, remove the infringing listing or suspend the infringing seller altogether.
Contact us if you have any questions about Brand or Trademark Enforcement!
