Los Angeles Amazon Infringement Attorney

From its beginnings as an online bookseller, Amazon.com has grown to become one of the world’s largest online marketplaces. As the company grew, it expanded to offer a marketplace for third-party sellers. 

With more sellers on Amazon, however, comes a higher risk of trademark infringement. Sellers who want to sell their goods may do so by designing them with trademarks or trade dress that infringes on existing marks – confusing consumers and threatening the reputation and bottom line of other businesses. Concerns about Amazon trademark infringement also lead some sellers to accuse others of infringement even when it hasn’t occurred. 

If you suspect another party is using Amazon to infringe on your trademark rights or are facing an infringement claim, talk to an experienced attorney. The team at Cohen IP can help you protect your rights and handle infringement claims. 

Recognizing Trademark Infringement on Amazon

Trademark infringement on Amazon and similar marketplaces can occur in several ways. Here are just a few examples of possible trademark infringement on Amazon:

• A seller uses another seller’s Amazon Standard Identification Number (ASIN) to list their goods, associating those goods with the ASIN owner’s trademark and confusing customers.
• A seller uses another business’s name or trademark to sell its own goods, which confuses buyers into thinking they’re buying from the business that owns the trademark. 
• A seller puts another business’s trademark on its goods to lead customers into believing they’re buying items of the same quality as the business that owns the trademark. When customers receive low-quality goods, their perception of the brand is undermined, even though they haven’t actually received an item made by the brand itself. 

Many businesses fight vigorously to protect their trademarks on Amazon and in other venues – and for good reason. A trademark encapsulates a brand’s quality, reputation, and values. Goods and services that don’t meet the brand’s standards confuse customers and undermine the company’s reputation. 

In some cases, a company will move so quickly to address perceived trademark infringement that it will make claims against a seller that isn’t infringing. When this happens, the seller faces complex and potentially costly legal proceedings – along with the risk of losing its own customers and reputation. Protection in the face of a false infringement claim is therefore essential. 

When is an infringement claim valid? Attorneys reviewing trademark infringement claims look at several factors, including

• Which party may have had rights to a trademark via prior use
• How the goods and services at issue are related, if at all
• Whether any trademark registrations have been filed and if so, whether they are valid and apply to the case at hand. 

Trademark claims can raise many issues. A claim that looks simple at first glance may prove to be complex. An experienced infringement attorney can help you navigate these questions and protect your rights. 

Amazon’s Trademark Protection Tools

In addition to raising questions common to all trademark infringement claims, an infringement claim on Amazon involves Amazon’s own trademark protection systems and policies. This involvement may further complicate a trademark infringement case on the platform and call for the attention of an experienced Amazon infringement lawyer.

Amazon requires all sellers on its platform to comply with applicable intellectual property laws. These include laws governing trademarks and trade dress. Sellers that violate trademark laws via infringement or other means may face consequences from Amazon as well as in court. 

Amazon’s Brand Registry is an opt-in tool sellers can use to track and spot potential cases of infringement. When sellers sign up for Brand Registry, they can use Amazon’s proprietary search tools to seek out text and images on the platform that might infringe on their own trademarks. 

Brand Registry does allow sellers to report trademark violations directly. However, Amazon tends to respond more promptly when trademark infringement claims are filed by experienced IP attorneys. 

Also, Amazon’s policies prohibit filing mistaken or false claims of infringement. If Amazon decides a seller has misused Brand Registry’s reporting tools, the company may ban that seller from the platform. For these reasons, it’s wise to work with a trademark infringement lawyer when reporting infringement to Amazon. 

Speak to an Experienced Los Angeles Amazon Infringement Attorney Today

Trademark claims can be complex. When a claim involves a marketplace with Amazon’s reach – and Amazon’s systems and methods for tracking trademark rights – it can become even more difficult to handle. 

Talk to an experienced Los Angeles Amazon infringement attorney today. The team at Cohen IP can help you protect your trademark rights or respond to infringement claims. To learn more, contact us today for a confidential case evaluation.