IP protection done the right way by Rosenbaum Famularo, PC, brand protection lawyers behind AmazonSellersLawyer.com. What I want to talk to you about is who is handling the brand protection work to make sure that the C&D letters that go out are done appropriately, that the complaints are phrased properly, and that you’re not doing…
Cease & Desist Letters to Unauthorized Amazon Sellers As a brand manager, you should absolutely know what should be in your cease and desist communications to unauthorized Amazon sellers. The very first thing you should put in that communication is a reason to the seller why he/she cannot sell your products, why they are violating…
Amazon Test Buys for Brand Protection – Remove Unauthorized Online Sellers on Amazon Brand managers need to know about test buys and their significance when you’re trying to remove unauthorized sellers on Amazon. A test buy is simply when you purchase an alleged infringing sample product. If you believe an Amazon seller is delivering a…
“Fair Use” is the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of trademark infringement. The first type of fair use is known as “classic” or “descriptive” fair use. This is where the trademark…
Amazon Sellers’ Rights & Baseless Counterfeit Complaints Intellectual property rights complaints are a huge source of suspensions of Amazon’s third-party sellers. When a brand makes an intellectual property rights complaint against a 3rd party Amazon seller and causes an account or listing suspension, the suspended Amazon seller should seek a retraction of that complaint. Specific…
Moshe Allweis talks to you about why it’s important to speak with an attorney if you receive a design patent infringement complaint. In the United States, a design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs…
Intellectual property complaints (both valid and baseless) have become somewhat of a regularity on the Amazon platform, and a common cause for seller suspensions. For Amazon sellers, intellectual property issues can be complex, but more importantly, they can cause your business to shut down completely if you lose your ability to sell. The First Sale…