How to Deal with Infringement of Your Intellectual Property Violations

September 11 2018 IN amazon How to Deal with Infringement of Your Intellectual Property Violations

How to Deal with Infringement of Your Intellectual Property Violations

Brands like Nike, Apple, and Adidas are a hit with consumers, so it’s not hard to see why third-party companies would want to sell the popular brands on Amazon. But simply because you own a new pair of Jordans doesn’t mean you can sell them for a profit online. Amazon has strict Intellectual Property rules that you must follow. If you break these rules, your products can be removed and your account can be suspended. Thankfully, these rules don’t just protect big brands. If you think your Intellectual Property has been infringed on, Amazon will stand up for you.

Amazon’s Rules and Regulations

Amazon’s Intellectual Property policy covers copyrights, patents, and trademarks.  Copyright is usually the biggest category sellers will be penalized for. A copyright protects original works, including but not limited to: movies, photos, books and songs. The person or company that created the work usually owns the copyright. If you use their work without permission or paying the copyright holder, you are infringing on that owner’s rights.

Trademarks are words, symbols or designs that a company uses to establish their brand. A great example is the Nike “swoosh.” If you are selling products that are not officially from Nike, but you still use the “swoosh,” you are violating their trademark. Companies generally use their trademarks to make an item recognizable. If a customer buys a shirt with the “swoosh,” they assume that shirt will be the same high-quality product they are used to from Nike. If you sell a lower-quality product, the customers will be disappointed, and may put the blame on Nike, even though they are not affiliated with the product.  

A patent is a form of legal protection for inventions. A patent owners has the sole rights to make, offer, and sell that invention. You likely will not face a problem with patent infringement on Amazon, because most companies will be halted from producing a patented product long before it hits the market. However, if this infringement is not caught before you start selling on Amazon, your account could be terminated.

What To Do If You Are Reported

The first time your account is accused of Intellectual Property Rights Infringement you will receive a warning that your product is being removed from Amazon. Once you have received that warning, there are a few steps you can take. The first and most effective is to reach out to the person who owns the intellectual property. If you come to a deal with them, they can reach back out to Amazon and retract their complaint.

If you believe that the complaint was a mistake, you can respond directly to Amazon and explain your position. You will be required to demonstrate the authenticity of the product. If you meet Amazon’s standards, your product will be reinstated on the site. If you have received multiple complaints against your shop, you will have to appeal Amazon to keep your account from being suspended. You will be required to provide either an invoice proving the authenticity of your product, an Order ID that demonstrates the product authenticity, or a letter of authorization from the rights owner.

What To Do If Your Account is Suspended

If you are found liable for Intellectual Property Infringement across multiple products, your account will be suspended by Amazon; however, you can get your account back after taking multiple steps. You will need to provide Amazon a viable “Plan of Action,” that includes the reasons you were selling/using infringed content, the steps you are taking to make sure you are no longer infringing, how you will actively avoid this behavior in the future, and any other information that is relevant to your case. You will upload your Plan of Action directly to your Amazon dashboard for the company to review. If you do not upload a Plan of Action, or fail to meet the standards set in your plan, your account can be terminated permanently.

The best way to avoid Infringement of Intellectual Property Violations is to be vigilant when setting up your listings. Be sure you are selling original products, and using unique photos/videos as descriptors.

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