Intellectual Property Blog

Can brand owners legally stop gray market sellers from listing genuine products on Amazon at discounted prices?  Yes, when gray market products are materially different from authorized versions due to quality control failures, storage verification issues, or lack of manufacturer support—creating legitimate trademark infringement claims that Amazon's Brand Registry and Project Zero programs can enforce. Understanding the Gray Market Challenge Gray market goods—genuine products

Can trademark owners stop unauthorized resellers from selling genuine products on Amazon?  Yes, but only when those products are materially different from authorized versions in ways that create consumer confusion—an exception to the first sale doctrine that applies particularly well to supplements, cosmetics, and luxury goods with strict quality control requirements. Understanding the First Sale Doctrine Challenge The first sale doctrine presents a significant challenge for

Navigating the complex world of intellectual property on Amazon can be challenging. As you grow your business or launch new products, understanding how to protect your creations and respond to potential infringements is crucial. Amazon’s vast marketplace offers incredible opportunities, but it also attracts unauthorized sellers and counterfeiters who may violate your rights. This post will guide you through the essentials of addressing copyright infringement on Amazon, helpin

Navigating Amazon IP Disputes: Takedowns, Counter-Notices, and Seller Defense For e-commerce businesses, particularly those on Amazon, intellectual property disputes move at the speed of the internet. A wrongful or legitimate IP complaint can lead to an immediate ASIN takedown or even account suspension, crippling a business overnight. Navigating Amazon's internal IP enforcement mechanisms requires a specialized legal approach that understands both the law and the platform's

Introduction For Amazon sellers, receiving an Intellectual Property (IP) complaint and a subsequent takedown notice can be a stressful and potentially devastating event. Your listing might be removed, your funds held, or even your entire account suspended. While some complaints are legitimate, others can be erroneous or even malicious. Understanding how to effectively respond to an Amazon IP complaint is crucial for reinstating your listings, protecting your account health, a

The Amazon Seller's Attorney Approach to APEX For Amazon sellers dealing with patent infringement, the traditional route of federal court litigation can be prohibitively expensive, time-consuming, and complex. Recognizing this challenge, Amazon introduced the Amazon Patent Evaluation Express (APEX) program . Launched in 2022, APEX offers a more streamlined, cost-effective, and expedited alternative for U.S. utility patent owners to address alleged patent infringement on the A

Introduction For any serious Amazon seller, establishing and protecting your brand is paramount. In a marketplace teeming with millions of products and countless sellers, distinguishing your offerings and safeguarding your intellectual property (IP) is a continuous challenge. Amazon recognizes this need and has provided a powerful tool to assist brand owners: the Amazon Brand Registry . This program is not just a perk; it’s a fundamental component of a robust brand protection

Introduction For Amazon sellers, establishing brand protection early is critical. However, the traditional process of obtaining a registered trademark can be lengthy, often taking months or even over a year. This delay can leave brands vulnerable to infringement during a crucial growth phase. Recognizing this challenge, Amazon launched the IP Accelerator program , designed to help businesses more quickly obtain intellectual property rights and protect their brands on Amazon.

Introduction For Amazon sellers, navigating the complexities of intellectual property (IP) law is not merely a legal formality; it’s a fundamental aspect of protecting your business, your products, and your brand. In the vast and competitive Amazon marketplace, understanding the basics of intellectual property—specifically trademarks, copyrights, and patents—is crucial for both safeguarding your own innovations and avoiding infringement claims from others. This article provid

Introduction In the digital marketplace of Amazon, where visual appeal and compelling descriptions drive sales, your creative content, product images, videos, and unique text, is as valuable as the products themselves. This content is protected by copyright law , which grants you exclusive rights over your original works of authorship. However, the ease of copying and pasting online makes copyright infringement a pervasive threat for Amazon sellers. Understanding what constit