Los Angeles Amazon Lawyer

Experienced Intellectual Property Lawyers Help Our Clients Handle Copyright, Trademark, and Patent Claims Involving Amazon

Amazon is the largest online retailer in the United States, claiming 37.6 percent of the market share in 2023 – more than the next nine online retailers combined. With a multinational reach, Amazon has become the number-one online destination to sell a vast range of products. 

Just as in a brick-and-mortar marketplace, on Amazon, intellectual property rights protect the work that creators and brands put into their offerings – and infringement on these rights can undermine a company’s reputation and bottom line. Infringement claims can also interfere with a seller’s ability to build a reputation and offer their products on Amazon, even if the seller is not infringing on a copyright, trademark, or patent. 

If you suspect an infringement of your intellectual property is happening on Amazon or you’ve received notice of an infringement claim, talk to an experienced Los Angeles Amazon IP lawyer today. The team at Cohen IP can help. 

Amazon Copyright Claims

Amazon began as an online bookseller and still participates heavily in the publishing industry. As a purveyor of video, music, artworks, and other creative works, Amazon continues to deal with items subject to copyright. Consequently, the number of copyright infringement claims involving a party on Amazon continues to rise. 

Copyright issues involving Amazon can take many forms, including: 

• Product listings that lift text, images, or both directly from other listings
• Products like books, CDs, DVDs, art pieces, and other creative works that infringe on another’s copyright
• False infringement claims used to target competing products and get them removed from Amazon

In the US, copyright attaches when a creative work is first fixed in a tangible medium of expression. Copyright does not protect ideas, but it protects any expression of those ideas in a tangible form (including a computer file). To receive the full protection of US copyright law, however, copyright must be registered with the US Copyright Office. 

In addition to applicable copyright laws, Amazon has an infringement policy that protects copyright and other forms of intellectual property. Amazon does respond to infringement claims; it has, however, developed a reputation in recent years for being slow to deal with copyright infringement.  

Amazon’s infringement policies and actions are also limited. For instance, Amazon does not enforce distribution licenses. If you have a license to distribute items featuring someone else’s copyrighted work, Amazon will not interfere if you find someone else distributing the items in violation of your license. Amazon distinguishes between infringement of a copyright and violation of a distribution license, and it will not interfere in the latter. 

Amazon uses various tools to address copyright violations on the platform itself. For instance, the company’s software scans the marketplace for business names and images under copyright. Amazon prohibits users from using another company’s logo to show compatibility with a product or from using product images unless you own the copyright to the image. To track copyrights, Amazon uses an Amazon Standard Identification Number, or ASIN, to track which copyrights belong to which sellers. 

Amazon Trademark Infringement Claims

Like copyright infringement, trademark infringement can easily occur on Amazon. Trademark infringement uses a brand’s trademark or trade dress without permission, usually to sell competing or related products. Trademark infringement can confuse customers and may undermine the reputation of the brand’s owner. 

Amazon’s Brand Registry tool provides a means for trademark owners to monitor and address potential infringement. Brand Registry is an opt-in tool for sellers. It allows for keyword and ASIN searches so sellers can monitor how their trademark is being used and which listings are connected to their ASIN on Amazon. 

Like copyright, trademarks in the US are protected as soon as the trademark is used in commerce. Also like copyrights, trademarks don’t receive full federal legal protection unless the mark is registered with the United States Patent and Trademark Office (USPTO). Registration protects the mark nationwide and provides avenues for seeking legal redress if another party infringes on the mark. 

Also like copyright, trademarks are covered by Amazon’s IP infringement policies. These policies generally prohibit trademark infringement on the site. They also prohibit making false claims of infringement to harass or suppress competitors. Consequences for making an infringement claim that Amazon finds baseless can include being banned from selling on the site. 

Amazon’s trademark policies extend to “trade dress” – the unique appearance or packaging of certain products. Filing for trade dress protection provides several legal benefits. 

What to Do If You Suspect Infringement

If you suspect someone on Amazon is infringing on your copyright, trademark, patent, or license, speak to an experienced Los Angeles Amazon infringement lawyer as soon as possible. 

Amazon’s Brand Registry provides a means for trademark owners to report suspected infringement. However, speaking to a lawyer before you make a report has two benefits:

• Reporting infringement through an attorney often prompts Amazon to pay extra attention to the report and respond more quickly, and
• An attorney’s oversight helps ensure you don’t report someone else’s activity unless it infringes on your legal rights – thus protecting you from being accused of making a false claim. 

If you suspect someone else on Amazon is violating your rights as expressed in a distribution license, an experienced attorney can help you protect those rights – even if Amazon declines to do so. 

Copyright and trademark infringement can be complex. Questions that may arise in an infringement claim include:

• Does the other party’s use constitute infringement, according to the legal definition? 
• Does an exception to an infringement law apply?
• Was a copyright or trademark registered, and if so, was the registration valid? 
• Did you have a right to a trademark or copyright due to prior use or publication? If so, what evidence is available to prove you have this right? 
• Are the products or services different enough that the use of a similar name or mark doesn’t constitute infringement? 

Often, one of the first steps in an infringement claim is to send a cease and desist letter to the seller you suspect of infringement. These letters become part of the record of your case. For this reason, it’s best to have such letters drafted and delivered by your IP attorney. Cease and desist letters can help speed up the response from a potentially infringing seller, however, especially when Amazon is slow to react. 

Amazon’s involvement can also make an infringement claim more complicated. For instance, if you’ve already tried to communicate the problem to Amazon and the company hasn’t responded or the problem persists, your case may need to account for Amazon’s behavior. An attorney can help you protect your legal rights even if Amazon’s response to an infringement notice has been incomplete or absent. 

What to Do If You’re Facing an Infringement Claim

Some infringement claims are based on legitimate concerns about copyright or trademark misuse. Others are good-faith mistakes about which rights are protected – and some are malicious attempts to eliminate the competition for a product or service. 

Regardless of the type of claim you face, dealing with an infringement claim promptly is essential. Amazon’s response to an infringement claim made against you may result in the platform taking down your listings, preventing customers from connecting with you or even banning you from carrying out business on Amazon. Any of these events can mean lost revenue and lost opportunities to build a strong reputation with customers. 

Amazon gives sellers a limited window of opportunity to respond to an infringement claim. Acting quickly is essential, however. If you miss the window to respond, you may miss an opportunity to have a suspension lifted. Missing this response window may require you to build a much stronger case – with evidence, research, and documentation – to demonstrate that you haven’t infringed on someone else’s trademark or copyright.

Responding to a cease and desist letter is also best done promptly. Here, working with an attorney can help as well. Your lawyer can investigate the claims made in the letter, inform you of your rights and options, and help you choose the best path forward to protect yourself and your business. 

If you own a valid copyright or trademark related to the infringement claim or you need to present evidence to Amazon that you aren’t infringing, your attorney can handle these communications. Your lawyer can research and build a strong case on your behalf while you focus on the day-to-day challenges of running your business.  

Handling Los Angeles Amazon Infringement Claims

Amazon’s policies, Brand Registry, and similar tools are intended to help address IP infringement on the site. However, Amazon is simply too large for the company to effectively screen and address infringement on its own. Each Amazon seller must take the lead in protecting their intellectual property – and in responding to any claims that they are infringing on another’s IP.

Whether you suspect infringement or are facing an infringement claim, talk to an experienced Los Angeles Amazon infringement lawyer as soon as possible. An attorney can help you protect your legal rights, understand the challenges ahead, and respond effectively. To learn more, contact the team at Cohen IP today to schedule a free, confidential consultation.