This short clip is of CJ Rosenbaum explaining how our law firm protects brands online and how we limit any blow back from sellers.
What kinds of risks do brands face online & how do you fend off any blow back?
The #1 thing when it comes to brand protection is making sure that you as the brand (or the authorized seller), there’s something in your product, or something that accompanies your product, that another company / seller cannot deliver. That takes it outside of the First Sale Doctrine, which states that in the United States, you can basically buy and sell anything you want, as long as the consumer receives the same thing.
What do brands / authorized sellers do?
Add something to your product like a post-sale benefit, a training mechanism, it could be something on your website, it could be something as simple as a warranty that provides something more than a money-back guarantee. Something that someone else can’t provide.
So, first you build that into the product. The second thing is you have to have a great software solution (we have our own custom made one) that monitors your products online. You then get a report that identifies who is selling your product and for how much. You can also identify who isn’t selling your products the right way.
As far as “blow back” is concerned:
We have a lot of brands (like the Dallas Cowboys for example) who will make complaints against sellers (who are selling genuine products) and create tremendous blow back to their brand, including lawsuits.
What you need to do is address people who are selling your products professionally, explain to them why they can’t sell your products and what they’re not delivering to consumers. That limits the blow back. Give them the opportunity to stop selling on their own before you make a nuclear complaint on Amazon or another platform because then you’re putting their livelihood at risk.
So, to recap:
- Build something into your product.
- Monitor sales online.
- Give sellers the opportunity to stop selling your products on their own.
- And then, and only then, should you use the complaint system on the platforms.
Every time that a brand makes a complaint, they’re putting that family or seller selling that product, or that entire business and all the people that work for them at risk.
So act courteously. Really focus on protecting the brand, not harming individual sellers.
If you have any questions or would like us to assist you in brand protection, call for a free consultation: (212) 256-1109.
Our law firm protects brands on the ecommerce marketplace.
GET HELP NOW: We are required by law to assure you 100% confidentiality. We protect your privacy under the Attorney-Client Privilege.
Rosenbaum Famularo, PC, the law firm behind Amazon Sellers Lawyer.