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” is quite vague. Modified products may cause confusion among consumers and may not be deemed “genuine.” For example, sellers who make modifications to product packaging may be liable for Intellectual Property infringement. Other modifications such as changes to product packaging, warranty, money back guarantee or even quality control standards can also be considered a “Material Difference.” Even if the actual product has not been modified, a seller can still be liable for Intellectual Property Infringement.
The vast majority of intellectual property complaints are actually baseless. Amazon Suspension Lawyer has represented many clients who have been accused of intellectual property infringement. But sellers who make even the smallest modifications can be liable for infringement. Amazon Suspension Lawyer has the experience necessary to resolve all types of Intellectual Property complaints. Contact us if you have been accused of intellectual property infringement. We identify and evaluate the merits of intellectual property complaints and we can help you get reinstated!
